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From Pace 1 is “arbitrary or capricious,” Me - Near said. He said that ordinances and comprehensive plans “trade off’ individual property rights against the interests of the public. McNear noted that Rappahannock has a “strong tradition of individual property rights,” but he also noted that many people are beginning to recognize that “land cannot be treated as an inexhaustible commodity, but must be treated as a limited resource in which all have an interest.”
“THE COURTS are beginning to be sympathetic to these public concerns,” McNear said. But in order for a locality to restrict the right of an individual property owner to do what he wants with his land, that locality must have convincing legal rationale, he said.
McNear said that a comprehensive plan provides this “rationale” for subdivision and zoning ordinances and gives local government added legal basis for denial of subdivision and, rezoning requests. Such ordinances must apply equally to all or they will be discriminatory.
It is through a comprehensive plan that a locality states its goals and intentions concerning land use, McNear said. The ordinances are the means through which these goals are attained, but the com
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