Private Land Use Controls: What is the Public Interest?

Abstract

In the 1920s, zoning was promoted as a superior form of land use control. Private controls were expected to expire over time, but developers continued to use private controls in exclusive developments. After World War II, private land use controls began to be democratized as townhouses and condominiums were built for low- and moderate-income families. This trend continues today with the market conditions in many areas mandating the construction of developments governed by a Residential Community Association (RCA). RCAs¹ now have a long history with increasing implications for public land use controls.