Wednesday, September 12, 2012

Public Restrictions on Ownership

Now you don't just have to worry about private restrictions, you have to worry about public restrictions too. There are tons of public restrictions from zoning regulations to subdivision regulation to building codes. Government can also create limitations on the ownership of real estate. These limitations come from the governments power of taxation, eminent domain, police power, and escheat. 

One example of eminent domain that may hit close to home involves a Canadian company trying to build a pipeline to the Texas Gulf Coast. The article Texas Rice Farmers Object to Pipeline Plan, explains that some Texas farmers are outraged at the possibility that they might lose land to a Canadian company to build a pipeline. Although President Obama has rejected the company's proposal, it is continuing to redesign the plan in hopes that they can get their plan approves. In a case like this, if the Canadian Company get permission to build to the Texas Gulf coast, there isn't much more the farmers can do. This type of government restriction can be very controversial seeing as many property owners are not okay with getting their land taken from them.



The video above provides a detailed account of how the Plano Building Inspections Department works. From this video you can see how tedious and complex the process is just to get your building approved for construction. There are a lot of steps to go through before a new building is complete. 

Another type of public land restriction is zoning. Most major cities have a zoning ordinance, but here in Texas we like to be different. Houston, Texas, is the only major city in the United States without a zoning ordinance. In the article Pros and Cons of Zoning in Houston Texas, some interesting points are made as to why Houston should or should not start zoning. Those against zoning claim that keeping Houston free of zoning "gives owners the ability to choose how their land is used, maximizes a property's potential, and allows for mixed use development." Those for zoning claim that Houston would be better off because zoning "give the community more control over how the land is used, preserves existing neighborhoods, and provides a citywide planning vehicle." Either way zoning is definitely a controversial topic and not only in Houston, Texas. 

So I've given a few examples of government and public restrictions but for a more in-depth explanation of different restrictions click here!

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