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CHAPTER 10

ZONING AND OTHER PUBLIC LAND-USE CONTROLS

Introductory note: This chapter is primarily about the law of zoning. However, we also consider two other types of land-use regulation: (1) regulations on subdivision; and (2) regulations protecting the environment or protecting historical structures. We also consider two problems raised by the U.S. Constitution’s “taking” clause: (1) the possibility that a land-use regulation may so interfere with an owner’s enjoyment of his property that the regulation is found to be a “taking” for which the government must pay compensation (a topic which we consider at the very start of this chapter); and (2) the laws on “eminent domain,” or condemnation (a topic which we consider at the very end of this chapter).

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