Land Use Controls, Zoning, and Environmental Issues
Public and private controls
Government controls flow from police power, taxation, eminent domain, and escheat. Zoning ordinances regulate use, height, bulk, density, setbacks, and floor-area ratio, guided by a comprehensive plan. Learn the vocabulary: nonconforming use (permitted to continue but generally not expand or rebuild after abandonment), variance (relief from a hardship; dimensional/area variances are common, use variances are limited or unavailable in many jurisdictions), special or conditional use permit (a permitted use requiring review), rezoning, spot zoning, PUD, and overlay district. Subdivision regulation adds plat approval, dedications, improvements, impact fees, and certificates of occupancy. Private controls include deed restrictions and CC&Rs enforced by injunction.
Eminent domain requires a public use and just compensation; a taking without compensation can be challenged as inverse condemnation.
Environmental issues
CERCLA imposes strict, joint, and several liability on owners and operators, with defenses for the innocent landowner, contiguous landowner, and bona fide prospective purchaser - all built on all appropriate inquiry (usually a Phase I environmental site assessment). Know Section 404 wetlands permits under the Clean Water Act, RCRA, and the Title X lead-based paint disclosure rule for pre-1978 housing. Also recognize asbestos, radon, mold, underground storage tanks, brownfields, and floodplain/NFIP rules requiring flood insurance for federally related loans. Mississippi administers many permits through the state environmental agency, and coastal tidelands fall under separate state regulation.
Traps: a variance does not change the zoning map, and a nonconforming use cannot be enlarged. Rule of thumb: if the question asks who pays for cleanup, the answer is usually the current owner - regardless of fault.