OTHER METHODS OF CONTROL
Although the degree of control over intensive and offensive uses of land which is desirable in the development of a city plan can not be attained under the exercise of the police power, the municipality may accomplish some of the same purposes by purchasing or taking under eminent domain an easement in the land which it is desired to control. If the decision in the Copley Square case, as usually interpreted, discussed in Chapter I, is good law and is generally followed, it would support the recent legislation in Missouri, in Indiana and Colorado, which excludes objectionable occupations from land fronting on parks and boulevards by purchasing or condemning the right of the owners to use their land for such purposes.[146] The constitutionality of the acts of Massachusetts authorizing the establishment of building lines beyond which no building can be constructed has never been questioned; but in all such legislation provision is made for compensating land owners for damages. An ordinance has been introduced in Denver to provide for taking such easements in land adjacent to parks and parkways by condemnation and for assessing the cost of the taking upon the district benefited. This idea is suggestive of large possibilities but has not as yet been tested.