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Faculty Articles and Other Publications

Series

1978

Regulation

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Full-Text Articles in Law

Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain Jan 1978

Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain

Faculty Articles and Other Publications

Traditional land use law categorizes governmental activities that affect the value of private property as exercises of either the state's police power or eminent domain power. This dichotomy has created what Professor John J. Costonis describes as the "disparity issue": if in a legitimate exercise of its police power a state reduces the value of land, no compensation is required; if the governmental action devalues land too much, however, it is deemed a taking within the eminent domain power and full compensation according to the land's "highest and best use" is required. Often, this compensation exceeds the land's present value. …


Land Use Controls In Iowa, Joseph P. Tomain Jan 1978

Land Use Controls In Iowa, Joseph P. Tomain

Faculty Articles and Other Publications

Land use controls in Iowa, as in other states, exist in a variety of forms. Both the substance and structure of these controls continually change to meet the needs of a developing society. Recent and rapid technological growth, together with the spread of population, indicate that there is a growing interdependence between land use and land users. As a result of this interdependence and the complex nature of our technological and economic environment, the number of governmental regulations is increasing rapidly. This Article will focus on the two predominant governmental controls utilized in Iowa-zoning and planning. Next, the Article will …