Land-Use Law: Marred by Public Agency Abuse

Abstract

Too often, land-use law resembles a legal war rather than a set of laws designed to foster the livability of American communities. A minority of public agencies¹ abusing their powers in the land-use law arena has unfortunately contributed to giving land-use law its battle-scarred complexion.² There exists a plethora of literature written by advocates of landowners or developers commenting on these abuses and seeking various legal remedies and solutions. This article, however, is written by an advocate for land-use planning and focuses on how these abuses by public agencies affect public interest planning programs and ultimately on all private interests. After an overview of these public agency abuses, their general and specific impacts are explained along with why and how the abuses should be addressed.³