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Legal System and Issues for Land Use Planning and Control in U.S.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 50(), pp.69-93
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Jeeyeop 1

1아주대학교

Accredited

ABSTRACT

This article explores the legal system for land use planning and control in the United States. To do so, it begins with the historical development of the U.S.'s land use planning and control. And then, it examines the legal structure and system for land use planning and control, and analyzes the major legal issues regarding land use law. The findings of this study are as follows. First, the legal system for land use planning in U.S. began to cope with the serious sanitary problems for housing due to the rapid industrialization in the late 19C and has been evolved through developing the various zoning techniques and dealing with environmental issues. Second, local governments are delegated to adopt and implement land use system by enabling laws. Third, zoning is the core tool to regulate land use, which is supplemented with subdivision law. In addition, private land use laws, such as nuisance and servitude including easement and covenant, still play an important role in regulating land use matters. Fourth, the major legal issues center around ultra vires, due process and regulatory taking under the Fifth Amendment, the Free Speech clause under the First Amendment, and the Equal Protection clause under the Fourteenth Amendment.

Citation status

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