Core Principles
Intermediate11 min read

Land Use Controls & Government Powers

Zoning, the four government powers, and private restrictions on land.

Syllabus N-II · verified 2026-08-16

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.

Key takeaways

  • Government powers: Police power, Eminent domain, Taxation, Escheat (PETE).
  • Variances, conditional use permits, and nonconforming uses are zoning exceptions.
  • When public and private restrictions conflict, the stricter one wins.

Practice this

Review the “National Land Use” deckTake the “National Land Use” quiz