Planning boards operate within system of rights

These are good economic times in southwest Missouri almost anyone would agree. Economic development has fueled the growth of our region, providing new jobs, services and products, and broadening our tax base.

But economic development also causes disputes among property owners, developers, governments and even neighbors in areas destined to be rezoned. That's why we need to review the rules and regulations of planning and zoning and the options of a planning authority faced with making zoning decisions.

Let's start with the basics. Our Constitution, as well as legal and economic systems, are based on the principles of private property and freedom of use of that property. Both our U.S. and state constitutions contain restrictions on the government's "taking" of private property without due compensation to the owner.

The power of the government to restrict or regulate the use of private property through zoning laws was first approved by the U.S. Supreme Court in the case of Village of Euclid vs. Ambler Realty in 1926. The courts have approved such regulation of property only when it was necessary to ensure the health, safety and welfare of its citizens and when the regulations were reasonably necessary to accomplish that purpose. When regulation crosses the line and begins to deprive the owner of reasonable use of his property, it becomes an unconstitutional "taking" of private property.

Zoning

When a planning authority acts on a rezoning petition, it has the most discretion available to it because it is acting in its legislative function. However, as discussed above, a property's zoning classification cannot deny the owner any reasonable use of the property. For example, the residential zoning of a parcel of property located at a busy commercial intersection would probably be illegal, since it is highly unlikely that anyone would want to live at such a location.

Subdivision Plat Approval

Once property is zoned for a particular class of development, the next step is often the platting of a subdivision into smaller lots. This must be done in compliance with published subdivision regulations, and planning authorities often have little discretion to deny a plat that complies with regulations.

Therefore, only inquiries regarding compliance with subdivision regulations, such as lot configuration, street layout, sidewalks and other engineering issues, should be directed to the planning authority. Issues raised by neighbors or other opponents of subdivision platting (such as traffic, size or value of homes or the desire to see the property remain undeveloped) should not be considered by the planning authority.

Other Restraints

Remember that a planning and zoning authority is not a court of law. Private issues such as compliance with restrictive covenants and boundary line disputes are not within the jurisdiction of the planning authority, whose jurisdiction is merely to make land-use decisions. Land-use decisions based on the value of homes to be constructed in a development are often suspect, as they could be discriminatory to certain classes of households.

The mere desire of neighbors to prevent the development of adjacent properties, to preserve their view, rural character, or park-like surroundings, is an unfair restriction upon the private property owner's reasonable use of his property.

Property developers also should not be expected to cure problems created by past development practices which are beyond the boundaries of their property.

For example, there may be resistance to development because of existing flooding or storm water runoff problems. While the developer should be required to develop his property in such a manner that will not increase the impact of storm-water runoff on adjacent properties, he should not be required to remedy existing problems caused by other parties.

What does all this mean to you?

First, keep in mind that the business community in southwest Missouri has benefited greatly from increased development, and a strong economy in our area is dependent upon continued well-planned land development. Also, unreasonable restrictions on development of property hurts not only business people and developers, but also landowners, and surviving spouses and children of landowners, whose sole assets may be real estate.

We should all avoid overreacting in opposition to proposed developments and consider the negative impact that opposition could cause upon the local economy.

(Randell D. Wallace is a member of the Springfield office of Lathrop & Gage LC. He is also chairman of the Greene County Planning and Zoning Board. The views expressed here are his own, and do not necessarily reflect those of the Greene County Commission, Planning Board or Planning Department.)