Common Resources
Nature, Septic/sewer, Water supply, Traffic , Schools, TAXES

FOUR clauses of the Constitution
General Welfare Clause -- Art I, 8
Property Clause -- Art IV, 3
Commerce Clause -- Art I, 8
Supremacy Clause -- Art VI, para 2

What’s left for States
10th AMENDMENT - delegates all other powers to states

Property Rights
Concept of Land and Ownership
Bundle of Rights -- Ownership is very complicated
Interests: Ownership, zoning, rights-of-way and easements, political jurisdictions, taxation
Nature and extent ---- 1) possession 2) control 3) enjoyment 4) disposition

Public Limitations and Controls on Ownership
Common Law Restrictions
Law of Nuisance
Police Power
regulate the use of land through zoning and subdivision ordinances
create local building codes or standards
seek to limit pollution by environmental controls license professionals operating in the real estate industry

Public Limitations and Controls on Ownership
Eminent Domain
Condemnation
Property Taxation

Public Limitations and Controls on Ownership
Water Rights --

Riparian Rights
Prior Appropriation
Littoral Rights
Property Value
Investment
Utility
Psychic

The Conflict
Eminent Domain
vs.
Police Power

Takings Landmarks
Dunn v. Illinois (1877)
Mugler v. Kansas (1887)
Eubank v. City of Richmond (1912)

1916 - NYC passes the first comprehensive zoning code

1925 - Cincinnati passes the first officially adopted comprehensive plan

Pennsylvania Coal Co. v. Mahon (1922) -- regulation that "goes to far" requires compensation

Village of Euclid v. Ambler Realty Co (1926)

Pennsylvania Central Transportation Co. v City of New York (1978)

Agins v Tiburon (1980)
Keystone Bituminous Coal Association v. DeBenedictus (1986)
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987)

Nollan v. California Coastal Commission (1987)

Lucas v. South Carolina Coastal (1992)

Dolan v. City of Tigard (1994)