Cal. Civ. Code § 36-1-24.2-3
Right of county or municipality to manage development of real property in which it has ownership interest; right to enact general land use regulations or zoning ordinances not having prohibited effects
Operative Text
Sec. 3. This chapter does not impair the right of a county or municipality to: (1) manage or control the development of commercial or residential real property in which the county or municipality has an ownership interest; or (2) enact, enforce, or maintain a general land use regulation or zoning ordinance that does not have an effect described in section 1(1) or 1(2) of this chapter.
Indiana Code § 36-1-24.2-3 carves out two important exceptions to the chapter's general restrictions on local government authority over real property. First, counties and municipalities retain full authority to manage or control the development of commercial or residential property in which they hold an ownership interest. Second, local governments may still enact, enforce, and maintain general land use regulations or zoning ordinances, provided those rules do not produce the specific prohibited effects described in sections 1(1) and 1(2) of the same chapter.
Plain English — not legal advice.
Under Ind. Code § 36-1-24.2-3, property owners and developers should be aware that local governments retain meaningful regulatory authority in two distinct areas. A county or municipality acting as a property owner—rather than purely as a regulator—may impose development conditions on land in which it holds an ownership stake. Additionally, general zoning and land use ordinances that fall outside the prohibited effects defined elsewhere in the chapter remain fully valid and enforceable, meaning compliance with local zoning requirements continues to be a standard obligation for operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-1-24.2-3 confirms that local governments do not lose their general land use and zoning powers simply because other parts of this chapter limit certain regulatory actions. Tenants living in or near municipally or county-owned residential developments may find that the local government, as a property owner, retains authority to shape how that property is developed or managed. Tenants who believe a local ordinance or development decision affects their housing situation may wish to contact a local tenant-rights organization or consult with a housing attorney to understand how this provision interacts with any specific local rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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