McCoy on Deed Restrictions,

Dr. McCoy looks at a land use control measure, Deed Restrictions, which is primarily germane to Houston Texas. The author shows by legal example how deed restrictions have been effective at times, and at other times runs into problems with enforcement, due process, and equal protection issues. Also, points out McCoy, deed restrictions may serve communities with better financial resources in opposition to lower income places with the same type of restrictions. The author also depicts through the writing of others, when deed restrictions attempts to take on legislative fervor but actually cannot due to the basis of its formation, which is citizen initiated. Interestingly, from a planning prospective that encourages participation at the kit & kin level. It will seem that deed restrictions will find an advocate in the profession because of its focus on empowering the individual. In order to meet its goal of the protection of mostly the residential character of neighborhoods, deed restrictions and those communities that have them must consistently apply the standards or risk losing the ability to do so. As pointed out by McCoy the deed restrictions are consistently pestered by its standing as voluntary and as such cannot find much support in legislation or judicial review. Of course when the goals of deed restrictions matches those the law the deed restrictions are then fully supported. Conversely, when such restrictions are in violation of existing laws the entire restriction is at risk for nullification. It is still suspect that the City can enforce any aspect of deed restrictions under the guise of neighborhood protection especially went hoe restriction s may have been formed without any concept of a general plan that allowed the participation of those affected. Just the same, given the complexity of our current environment deed restrictions may be a tool that planning advocates can utilize from a positive stand point in revamping one community at a time. (Annotation by A. Rodriguez 2012)