Chapter 15 - Chapter 15: Government Control of Land Use Hua...

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Unformatted text preview: Chapter 15: Government Control of Land Use Hua Sun Department of Accounting and Finance California State University, San Bernardino March 19, 2009 Hua Sun (CSUSB) Government Control of Land Use March 19, 2009 1 / 20 Land-Use Regulations Police power and eminent domain I Governments police power allows regulation of property use to benefit the public health, safety, and general welfare F Generally, no compensation is given to the landowner whose land use is restricted. I Private ownership rights may be taken by exercise of the governments power of eminent domain , through a process called condemnation F When property is taken, the landowner receives the propertys fair market value in compensation Hua Sun (CSUSB) Government Control of Land Use March 19, 2009 2 / 20 Taking of Property: Eminent Domain U.S. Constitution requires compensation on taking of property for public use Uniform Relocation Assistance and Real Property acquisition Policies Act of 1970 I Requires assistance to dislocated residents when property is taken by a federal agency or an agency using federal funds for property acquisition Tucker Act allows landowner to bring suit claiming inverse condemnation against federal government I Example: A roadway is dredged for a canal, and the owner of adjacent property is deprived of reasonable access to his land. The owner has a claim for damages based on inverse condemnation. Hua Sun (CSUSB) Government Control of Land Use March 19, 2009 3 / 20 General Plan Purpose of city planning: to ensure orderly, sensible growth and development. State law requires every California city and county to have a comprehensive, long-term General Plan , which contains provisions for I Land use , including standards of population density and building density I Circulation , including distribution of transportation facilities and public utilities I Housing at all income levels I Conservation of natural resources I Open space (recreational, public health and safety) I Noise , both existing and foreseeable I Safety from fire, seismic and geological hazards I Other topics, such as coastal development, protection of mineral and forestry resources, development within seismic zones, and local areas of concern (historic preservation) Hua Sun (CSUSB) Government Control of Land Use March 19, 2009 4 / 20 General Plan: Continued Counties must have a solid waste management plan that is consistent with the countys general plan Every county with a public airport served by a certified air carrier must have an airport land-use plan prepared by the local airport land-use commission Government Code outlines the procedure for adoption or amendment of general plan A specific plan may be created after the general plan, to give further details of I Population growth I Environmental, economic, and other considerations I Locations of streets and utilities I Projected population density I Building construction requirements I Topographical information Hua Sun (CSUSB) Government Control of Land Use March 19, 2009 5 / 20 Zoning...
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This note was uploaded on 02/23/2010 for the course FIN 81824 taught by Professor Mcgrath during the Winter '09 term at CSU San Bernardino.

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Chapter 15 - Chapter 15: Government Control of Land Use Hua...

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