A. What public restrictions can be placed upon the use of land? Explain. b. What private restrictions can be placed upon the use of land? Explain
a.
Public restrictions on the use of land occur primarily through the use of zoning and eminent domain. Zoning is based upon the police power of the government. Regulation may be for purposes of public health, safety, morals, or welfare. Absent one of these purposes, the restriction is unconstitutional as being contrary to due process of law. Another public restriction is eminent domain, which is the power of government to take private property for public use after payment of just compensation.
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b. Private restrictions upon the use of land arise as a result of restrictive covenants. These are in a sense negative covenants in that they impose a limit upon the use of the land. Covenants cannot violate the Fourteenth Amendment to the U.S. Constitution. On this basis, private racially restrictive covenants have been invalidated. Restrictive covenants that specify the style of construction of buildings on land in a particular subdivision are common and are generally upheld.
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