About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

124 Yale L. J. 1790 (2014-2015)
Public Actors, Private Law: Local Governments' Use of Covenants to Regulate Land Use

handle is hein.journals/ylr124 and id is 1834 raw text is: NOAH M. KAZIS Public Actors, Private Law: Local Governments' Use of Covenants To Regulate Land Use A B ST R ACT. Though covenants are usually considered the private sector's alternative to zon- ing, governments also use covenants to control land use. Governments choose between zoning and covenants, and this choice illuminates the legal differences between the two tools. Covenants and zoning are not distinguished by the substantive restrictions each tool can impose on land use. Rather, a critical distinction between the two is that governments use the customizability of covenants, as tools of private law, to limit citizen enforcement of the covenants' land use provi- sions. Zoning, by contrast, allows for citizen enforcement. Zoning also requires greater public participation and involves different amendment procedures. A U T H O R. Yale Law School, J.D. expected 2015. I thank Claire Priest for supervising this pro- ject and for her guidance, as well as Robert Ellickson and Meredith Kane for their insightful comments and Jerold Kayden and Julie Lubin for their willingness to share their expertise. I also thank my terrific editor, Sam Adriance, and Meng Jia Yang and Rachel Bayefsky for their edito- rial contributions. Suzanne Kahn provided intellectual and editorial support at every stage of the process. 1790

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most