A Basic Introduction to Land Use Control Law and Doctrine. Publication 6

Divided into four sections, this paper discusses the historical development of land-use control law and doctrine. Entitled "Genesis of the Zoning Mechanism", Part 1 discusses zoning in terms of: a by-product of urbanization: common law land-use controls (public and private nuisance laws); private property as restraint on land-use legislation (State and Federal constitutional issues); approaches to the cities' problems (setbacks, height, and use limitations; eminent domain; and constitutional limitations); early problems of zoning legislation (need for enabling legislation and State Court approval); widespread adoption of zoning; and judicial obstacles still remaining. Part 2 is titled "A Basic Outline of Zoning as a System" and deals with the: zoning ordinance; operation of the zoning system; and zoning system as segregated from the planning function. Titled "The Parameters of Zoning", Part 3 discusses zoning and the general welfare and the fifth amendment. "The Development of Alternative Methods of Land-Use Control" is the title of the final section which deals with: early agricultural zoning; real estate tax preferment of open land; easements; state level controls; new thrusts; and "projections dangerous." (JC)