@article{ART001476549},
author={Kim, Jeeyeop},
title={Legal System and Issues for Land Use Planning and Control in U.S.},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={50},
pages={69-93}
TY - JOUR
AU - Kim, Jeeyeop
TI - Legal System and Issues for Land Use Planning and Control in U.S.
JO - Public Land Law Review
PY - 2010
VL - 50
IS - null
PB - Korean Public Land Law Association
SP - 69
EP - 93
SN - 1226-251X
AB - 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.
KW - 토지이용계획(land use plan);종합계획(comprehensive plan);토지이용법(land use law);조닝(zoning);규제적수용(regulatory taking);수권법(enabling law)
DO -
UR -
ER -
Kim, Jeeyeop. (2010). Legal System and Issues for Land Use Planning and Control in U.S.. Public Land Law Review, 50, 69-93.
Kim, Jeeyeop. 2010, "Legal System and Issues for Land Use Planning and Control in U.S.", Public Land Law Review, vol.50, pp.69-93.
Kim, Jeeyeop "Legal System and Issues for Land Use Planning and Control in U.S." Public Land Law Review 50 pp.69-93 (2010) : 69.
Kim, Jeeyeop. Legal System and Issues for Land Use Planning and Control in U.S.. 2010; 50 69-93.
Kim, Jeeyeop. "Legal System and Issues for Land Use Planning and Control in U.S." Public Land Law Review 50(2010) : 69-93.
Kim, Jeeyeop. Legal System and Issues for Land Use Planning and Control in U.S.. Public Land Law Review, 50, 69-93.
Kim, Jeeyeop. Legal System and Issues for Land Use Planning and Control in U.S.. Public Land Law Review. 2010; 50 69-93.
Kim, Jeeyeop. Legal System and Issues for Land Use Planning and Control in U.S.. 2010; 50 69-93.
Kim, Jeeyeop. "Legal System and Issues for Land Use Planning and Control in U.S." Public Land Law Review 50(2010) : 69-93.
