Zoning regulations are a “servitude interest” in land.
For all of the faults and weaknesses in America’s now very insecure land titles, (they don’t offer much in the way of Rights….due largely to neglect and ignorance on the part of the people) the original Patent rights still apply to those lands in America originally passed to the first grantee by patent.
Not all “private” property in America was passed by patent.
The states occasionally secured title and passed the land to the original grantee by other means than federal patent, and such lands remained encumbered by a “state trust interest”, and therefore are subject to state regulations.
“Klais v Danowski”, Michigan Supreme Court, 1964, goes into some detail as to the early US Congress intending their Land Patent to cut off the state trust interests and give the first grantee, his assigns and heirs, forever…..“absolute title”.
In 1984, California case, “Summa Corp v State of Cal.” went to the USSC, and the court emphatically declared that “any servitude interest on patented lands must be reserved by the states at or previous to the time of patenting. Once the ink dries on the Land Patent, the states are FOREVER BARRED from imposing any new servitude interests over patented lands.
The states VERY seldom made such timely reservations.
Both above referenced cases state that the only necessity is that the current landowner can trace back and find that his land was originally passed by patent.
Nothing further is required to secure patent rights.
Now….who would like to make us a list of “servitude interests” the states have dreamt up to impose upon their ignorant serfs…..hoping that the serfs remain ignorant ?
Zoning regulations would rank right up there.m, along with;
Fish and game use.
Water rights.
Mineral rights.
Environmental management.
Wetlands……..
Incidentally, accepting federal disaster or other land related monies…..or a bank mortgage…..or insurance policy…..places the land back into a trust interest that has to be dealt with before Rights are relevant and enforceable.
Can anyone pass that on to the Carolina legal team?
