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The public regulation of the use and development of land is often described as "land use" or "land use law." These regulations are typically referred to as zoning or land development regulations. The four primary aspects of land use that are regulated are: (1) The type of use (e.g. residential, commercial, industrial, or agricultural);
(2) The density of the use (height, width, bulk, or environmental impact of physical structures);
(3) The aesthetic impact of the use (the design and the placement of structures on the land); and
(4) The effect of the use of the land on the social or cultural values of the community (e.g. the placement of low income housing, the location of adult entertainment or similar businesses, the definition of a single household and whether persons not related by blood or marriage are considered by the community as one household, etc.) The authority to regulate the use and development of land originates from the state's police power -- which is a term that describes the general governmental power to protect the health, safety, morals and general welfare of the government's citizens. Although the police power belongs to state governments, states have delegated the power to adopt and impose land use regulations to counties and municipalities. Even though the power of the state to protect the citizenry is extremely broad, the Fifth and Fourteenth Amendments to the Constitution prohibit the taking of private property for public use without just compensation, thus imposing limitations on the government's use of its police power. The Courts have held that land use regulations may be imposed only (1) for valid public purposes, (2) through means reasonably tailored to those purposes, and (3) in a manner that does not impose excessive costs on individuals. However, the Courts have traditionally deferred to the legislative body that adopted the regulation as to the reasonableness of the particular regulation. It should be noted that Florida property owners have additional protection under the "Bert J. Harris Property Rights Act." If you are in doubt as to your property rights, contact the Mount Dora Office of Leslie Campione, P.A. Leslie Campione, P.A. Attorney at Law
342 East Fifth Ave
Mount Dora, FL 32757
Phone: 352-383-9020
Fax: 352-383-4654
Map and Directions │ Email At the Mount Dora, FL offices of Leslie Campione, Attorney at Law, we represent clients throughout Florida, including Tavares, Leesburg, Clermont, Eustis, Apopka, and Lake County, Florida.Printer Friendly View
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