APPENDIX III— DISTRICTING 



From the Report of the Heights of Buildings Commission 

 December 23, 1913 



As applied to building restriction there are two general types of dis- 

 tricting. Certain localities may be set off as residential or business or indus- 

 trial districts. Industry and business may, for example, be excluded from 

 the residence districts. The restrictions may go further and attempt to 

 secure a certain type of residence district. The district may be restricted 

 to one family or two family houses. Another type of districting is where 

 different general height and area limitations are applied to all buildings in 

 a particular district. Any thoroughgoing plan for the control of building 

 development must make use of both of these types of districting. 



The general scope of constitutional regulation 



It is clear that such restrictions as are enacted must justify themselves 

 as a reasonable exercise of the police power of the state. Under eminent 

 domain the individual is compensated for the taking of his property. Under 

 the police power there is also a constructive taking of property in certain 

 cases, but without compensation to the individuals injured. It is theoretic- 

 ally conceivable that a general plan of building restriction and regulation 

 might be entered upon by resort to the power of eminent domain, but, 

 practically, such a solution is out of the question. The expense and burden 

 of condemnation proceedings and litigation in multitudinous cases would 

 create a tax burden that would increase rather than compensate for the 

 injury to property interests. Moreover, the kinds of regulation under con- 

 sideration are not such as to justify individual compensation. While they 

 restrict individual liberty to a certain extent they do it in such a way as 

 to conserve individual and public interests and rights. They subject the use 

 of urban land to such restrictions as are appropriate and reasonable in the 

 nature and history of this class of property. 



The police power may be used to promote the public health, safety, 

 order and general welfare. Protection of public health, safety and order 

 constitute the police power in the primary or narrower sense of the term. 1 



It is a power so vital as to be undoubted when reasonably and justly 

 applied. The exercise of the police power for the promotion of public 

 comfort and convenience and for the promotion of general social and 

 economic interests under the head of " the general welfare," while upheld 

 by competent authority, will nevertheless be subjected to more careful 

 scrutiny and more strict construction. 



The position of the United States Supreme Court in regard to the scope 



Treund, Police Power, sec. 10. 



