Public Regulation and Private Encumbrances

[Answer one of the following]:

A. What types of land use restrictions are typically enacted by local zoning ordinance? Discuss how zoning regulations positively and negatively impact owner’s rights in real property.

OR

B. What types of easements are available to landowners who lack public road access to their real property? Discuss the strengths and weaknesses of various types of easements.

Readings and Resources
eBook:

Hinkle, D.F. (2021). Practical real estate law (8th ed.). Cengage Learning.
In this chapter, focus on the types of surveys recognized, the geographical regions wherein a specific type of survey is used, and how land descriptions are prepared from each type of survey. In the unit assignment / quiz, you will be asked to demonstrate your understanding of various types surveys and land descriptions.
• Chapter 3: Surveys and Land Descriptions
In this chapter, pay attention to the various types of statutes enacted by federal, state and local governments to regulate the use of real property. Additionally, focus on the variety of liens, easements and restrictive covenants used by governments and private parties to limit the use or transfer of real property. In the unit discussion, we will further analyze and discuss the positive

and negative effects of public taking statutes and land use regulations, and how real property can be restricted by private encumbrance.
• Chapter 4: Public Regulation and Private Encumbrances
Articles, Websites, and Videos:
Eminent Domain is the process whereby a government entity ‘takes’ private property for public use. This article explains how the eminent domain process works.
• Larson, A. (2018, May 8). Eminent domain. ExpertLaw.
Kelo v. City of New London, CT. This video showcases the adverse effects of eminent domain. The case outlined in the video was the subject of an extremely controversial 5 to 4 decision by the U.S. Supreme Court.

Watch Video Kelo v. City of New London Duration: 6:06

User: The Cato Institute – Added: 3/19/09

Practice Pointers:
• Unit 2 – Practice Pointers Practice Pointers – Alternative Formats
Supplemental Resources:
Publisher PowerPoints:
• Chapter 3: Surveys and Land Descriptions Chapter 3: Surveys and Land Descriptions – Alternative Formats
• Chapter 4: Public Regulation and Private Encumbrances Chapter 4: Public Regulation and Private Encumbrances – Alternative Formats