LAND LAW

Land Law

Land Law

Land is owned either by the private or government sector. Attached to land ownership are basic responsibilities and rights to the use and maintenance of the property. The private landowner, however, is part of a local government that provides goods and services to the property. The jurisdictional control is the power of the local government to manage and regulate private activities that impact on the general public's “health, safety, and welfare.” Land use planning provides a balance between preserving the rights of the individual property owner and meeting the needs of the community. The community can represent the local population or the nation.

Currently in the United States, there are no national land use policies even though different federal agencies manage large tracts of land. Overall, federal land encompasses approximately 1.29 million square miles (3.34 million square kilometers) or 34 percent of the total land area of the United States (3.79 million square miles). Each federal agency adheres to management policies that have been established by law. In addition, national laws have specific standards for establishing air and water quality, solid waste disposal, noise pollution, and transportation that directly or indirectly regulate land use activities. Thus, federal agencies manage lands and federal laws regulate land activities, but individual states have the responsibility of land use policy through their police powers.

States' police power provides the ability to establish laws and ordinances to maintain civil order and provide for the public health, safety, and general welfare of their citizens. Through enabling legislation, the states have established the procedures and methods for land planning and regulation. They have also laid the foundations for local level planning by identifying specific statewide goals or allowing the individual local entities to construct their own land use goals. In addition, the state may impose specific health and environmental standards and guidelines that the local government must follow. Thus, the local government possesses the ability to manage land use within the powers and methods provided by the state government.

Several states have identified specific areas or types of land as “critical” and have imposed specific land management techniques to ensure their protection. These areas may be vulnerable to human impacts, and need to be preserved, enhanced, or protected. The area or land type may possess valuable natural resources or have historic, cultural, or scenic value. Land types—e.g., prime agricultural land, forested areas, or wildlife habitats—can be granted special protection to preserve their production capabilities or their contribution to the ecosystem.

States may use financial or investment entitlements to support or locate specific land use. Forty states provide preferential property tax treatment to farmland as a means to sustain this activity. States regularly invest in new or expanded infrastructure, facilities, or services to promote development. The placement of a new state prison, centers of higher learning, or hospitals encourage development to support new employment opportunities, complementary services, and economic diversity.

State-enabling legislation generally provides the local government with the authority to regulate the density, type, location, and height of buildings and ...