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3 Zoning Dig. 1 (1951)

handle is hein.journals/planevirw3 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 3 January, 195 1 Pages 1- 16 EMINENT DOMAIN FOR ZONING? We were of the opinion that any sentiment for the utili- zation of the power of eminent domain, rather than the po- lice power, as a method of effectuating zoning, had died many years ago. Much to our surprise, we received an inquiry within the.last two weeks asking our opinion regard- ing the desirability of enforcing zoning in certain instances through the power of eminent domain. The question put to us was somewhat as follows: Suppose a property owner has purchased a piece of property for business purposes, having paid what he thought was a business price for the land. Sup- pose the city, in developing its land-use plan allocates that particular piece of property to a residential use. Should the power of eminent domain be used to compensate the owner for the loss in value? Or, to put it another way, suppose a property owner has a parcel of land which is theoretically business in character, and for which a so-called business price was paid. Suppose the original zoning ordinance had allocated that particular parcel of land to a business use. Some twenty years later, that land and the surrounding land on the particular street had not been used for business pur- poses. In revising the zoning ordinance, it is allocated to a residential use. Should the power of eminent domain be employed to compensate the owner for his theoretical loss? Interestingly enough, that inquiry reached us from the State of Minnesota, which many years ago had experimented with eminent domain for zoning purposes. The Minnesota laws of 1915 provided for the creation of restricted resi- dence districts in cities of the first class, in which certain types of buildings might not be erected. These districts were to be established by the city council upon a request Digitized from Best Copy Available

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