Document Type
Article
Publication Title
Southern California Law Review
Publication Date
2019
ISSN
0038-3910
Page Number
1055
Keywords
land use, property rights, Standard Zoning Enabling Act
Disciplines
Land Use Law | Law
Abstract
For the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American jurisdiction share a deep family resemblance borne from their common origin in the Standard Zoning Enabling Act ("SZEA"). Zoning for much of the twentieth century therefore converged around a core goal of separating incompatible uses of land as a kind of ex ante nuisance prevention. Of course, zoning went much farther than the common law of nuisance, but its animating justification was to minimize the externalized impacts of certain kinds of intensive development.
Recommended Citation
Christopher Serkin,
Divergence in Land Use Regulations and Property Rights, 92 Southern California Law Review. 1055
(2019)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1131