Quote:
Originally Posted by Bdawe
Pardon? height, design, and all sorts of details are micromanaged by American city halls all the time
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Government constraints on the private sector in the U.S. are generally limited to matters concerning the public health, safety and (social/economic) welfare!
There are urban planning laws that speak to the concept of a land use "taking" (re: depriving a private property owner of the right to enjoy the full economic rewards of his/her property)! Thus, (for example) although governent does have the power of eminent domain in land use matters the affected private citizen does have the right to fair market compensation.
Hence, a view cone restriction would have to either meet the prescribed threshold for the promotion of the public's health/safety/welfare standards or furnish financial compensation for the taking of the full development rights of the respective property owner!
But keep in mind here that my specific response was in reply to the posting that said something to the effect that a particular parcel of land, located in an area where the view cone limt was some 750', was being arbitrarily limted by the city to lower construction limit of 550'. That (if true) it would seem constitutes a capricious "taking" of a developer's right to enjoy the full "fruits of his property"!