Ownership is never absolute. Government and private parties both limit how land can be used. The national exam dedicates a full topic to these controls, and they appear on the state portion through Virginia-specific acts.
The four government powers (P-E-T-E)
- Police power — regulate use for public welfare (zoning, building codes, environmental rules).
- Eminent domain — take private property for public use through condemnation, paying just compensation.
- Taxation — levy real estate taxes; unpaid taxes create a superior lien.
- Escheat — property reverts to the state when an owner dies with no heirs or will.
Zoning & planning tools
- Zoning
- Local rules dividing land into use districts (residential, commercial, industrial).
- Variance
- Permission to deviate from zoning due to a hardship unique to the property.
- Special use / conditional use permit
- Allows a use otherwise not permitted in a zone (e.g., a church in a residential area).
- Nonconforming use
- A pre-existing use that no longer fits new zoning; often 'grandfathered' in.
- Spot zoning
- Illegally rezoning one parcel inconsistent with the surrounding area.
Private controls
- Restrictive covenants (CC&Rs)
- Private deed restrictions imposed by a developer or HOA limiting use, design, or appearance.
- Subdivision regulations
- Local rules governing how raw land is divided and developed.
When a private deed restriction and public zoning conflict, the more restrictive of the two controls. Eminent domain is the power; condemnation is the process of exercising it.