A public restriction on real estate is an encumbrance created by a governing body or public authority. Some examples of public restrictions on real estate include property tax, power of eminent domain, police power, the comprehensive general plan, zoning, building codes, subdivision regulations and escheat.
Property taxes are taxes on your property by the goverment. They create a steady flow of revenues for state and local governments.
Eminent Domain is the right of the government to claim your property. It is a given right of the government found in the Fifth Amendment to the Constitution.
Police Power is the power of government to regulate activities to promote the public health, safety, and general welfare.
Comprehensive General Planning is a statement of a community's long-range policies covering its predictedp hysical needs for 15 to 25 years.
Zoning divides land into different sections and puts regulations on each portion relation to the type and intensity of use. These are in place so that cities can be well organized and not sporatic like ahem Houston.
Building Codes are regulations on the construction of new buidlings and the alteration of existing ones. They are in place for the safety of the general public, and most specifically to prevent fires.
Subdivision Regulations are another tool in implementing the community planning process. The purpose is to protect residents from poorly planned and executed developments.
Escheat is the governements taking of land that occurs when the owner of the property dies without leaving the property to any living person.
In the article
"How Houston Gets Along Without Zoning" from Businessweek, Peter Coy explains that although Houston has very few zoning laws, the city is still relatively maintained and organized naturally. Coy explains that although theoretically a major oil company could create a rig next to a residential neighborhood, real estate developers would never place a residential neighborhood next to an oil rig (for obvious reasons). Thus, Houston really is not as bad as it may seem.
No offense to the respectable Peter Coy, but he obviously has never been to Houston. I am not saying that there is a huge warehouse next to a mansion, but if I owned a 5 million dollar house I would be a bit distressed if I lived next to a bunch of low-cost efficiency apartments. This is not an uncommon sight in Houston. Although I do like a little bit of variety within areas, Houston is a bit too unorganized for my tastes.