Controlling Conflicts of Interest in Land Use Decisions

Abstract

In 1881, Lord Acton, English historian and philosopher of freedom, stated, “Power tends to corrupt and absolute power corrupts absolutely.” In today's growing American communities, residents may painfully recall Lord Acton's words when they witness a member of a community zoning board exercising his power in a land use decision for his personal economic or social gain. Such a land use decision, masquerading as the public interest but actually motivated by a private interest, involves the widespread form of corruption known as “conflict of interest.” This articles discusses controlling conflicts of interest in terms of the governmental level of control, specifying prohibited behavior, enforcement methods, and judicial review of conflicts of interest.