Abstract
The conflict between the public interest and private property rights probably is as old as the concept of private property ownership itself. This conflict is no more apparent than when a local government attempts to regulate the subdivision of land for residential, commercial, or industrial purposes. In its most basic form, the subdivision of land involves the division of a tract of real property into two or more smaller parcels. Residential development, which is by far the most common use of subdivided land, occurs because population growth and migration inevitably lead to the need for more housing. Throughout the history of the United States, however, developers and landowners have subdivided land long before the need for any building activity. American history is replete with examples of land booms in which developers subdivided large tracts of vacant land solely for sale as a speculative real estate investment. These developers did not intend to build on the subdivided lots nor, in most instances, did the people to whom they sold the lots. Rather, these purchasers hoped only to cash in on the land boom.
Recommended Citation
Shultz, Michael M. and Groy, Jeffrey B.
(1988)
"The Failure of Subdivision Control in the Western United States: A Blueprint for Local Government Action,"
Utah Law Review: Vol. 1988:
No.
3, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1988/iss3/2