02_Fundamental_LEGAL Flashcards
“No person shall be…deprived of…property, without due process of law; nor shall private property be taken for public use without just compensation”.
Fifth Amendment
Which constitutional principle was tested in Mugler v. Kansas?
- 14th
- a person has the right to make alcohol for their own use
- such a right can have conditions based on its effect on others.
What did the 1987 Chesapeake Bay Agreement entail?
An agreement between PA, VA, and MD to establish targets to reduce pollution in the Bay
What did City Council vs Vincent determine?
Aesthetics can satisfy advancing a legitimate public interest
What conclusion did the court reach in Southeren Burlington County NAACP vs. Mt. Laurel?
- Communities in growing areas must take their fair share of the region’s growth
- Regulations don’t stop town from achieving fair share of regional growth
- Affirmative measures should be used to make sure fair share goal is reached
What did Dolan vs City of Tigard ultimately determine?
A reasonable relationship between conditions and impact is required
What did Tahoe Sierra Preservation Council vs Tahoe Sierra Planning Agency determine?
3 year government moratorium on development is not a “taking” of private property that requires compensation
Which case determined that restrictions on use must show nexus to nuisance?
Lucas vs South Carolina Coastal Council
What 1987 case determined that the nature of the state’s interest in regulation is a critical factor in determining whether a taking has occurred?
Keystone Bituminous Coal Association vs. DeBenedictus
What was concluded in Cohen vs. DesPlaines?
Zoning cannot be used to give churches an advantage over commercial establishments
What prompted the case Cohen vs. DesPlaines?
A church was allowed to have a daycare but commercial entities couldn’t
Which case determined that if regulation causes a physical invasion of privacy, then it is a taking?
Loretto vs Manhattan CATV Corp
Which case overturned approval of a nuclear plant because the AEC did not follow NEPA (and ultimately strengthened NEPA)?
Calvert Cliffs vs US Atomic Energy Commission
Which case determined that regulation effectively denying housing to people based on race, immigration status, or national origin is unconstitutional?
-Village of Arlington Heights vs Metro Houston Development Corp
Which case determined that an owner does not have the right to make an unreasonable use of premises to the material annoyance of a neighbor if the latter’s enjoyment of life or property is materially lessened?
Bove vs Donna-Hanna Coke Corp
What was the conclusion that Nollan vs California Coastal Council came to?
There must be an interest between the state’s interests and exaction
What act was passed by the US Department of Commerce in 1928?
Standard City Planning Enabling Act
What Act created the 701 comprehensive planning program (federal planning assistance for local governments)?
The 1954 Housing Act
Oregon Measure 37
A landowner is to be compensated if the regulation results in a devaluation of their property if they are the owner at the time the regulation was put in place
Which Supreme Court Case found that a regulation is a taking if it can be shown that it deprives a property of all economic viability and fails to advance a legitimate governmental interest?
Agins v. City of Tiburon
(test for determining whether a zoning ordinance will be considered a taking is the “substantially advances” a legitimate state interest test.)
Which statement is NOT true regarding the Americans with Disabilities Act (ADA)?
Select one:
a. It prohibits disability discrimination in all public housing.
b. It is a civil rights law providing similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 did for race.
c. There is no significant parallel between the ADA and the Civil Rights Act.
d. ADA disabilities include both mental and physical medical conditions.
c. There is no significant parallel between the ADA and the Civil Rights Act.
(It is a civil rights law in that it provides similar protections against discrimination to Americans with disabilities (both mental and physical) as the Civil Rights Act of 1964 did for persons on the basis of race, religion, sex, national origin, and other characteristics)
What is a Purchase of Development Rights Program?
- allows for the purchase of development rights on privately owned property
- landowner sells their development rights to the local government to permanently protect the land
- results in privately owned land that cannot be developed in a way detrimental to wildlife, even if the current owners sell the property
- provides financial compensation to the landowner
What case overturned the “substantial advancement” test established in the Agins vs Tiburon (1980) case?
Lingle v. Chevron
Tribes possess a _____________ and retain inherent powers of _______________.
nationhood status; self-government
Which Act created the HOME program?
Cranston-Gonzalez National Affordable Housing Act (1990)
Which was a key concept of the 1916 New York City Zoning Ordinance?
established setback requirements
Which of the following cases was NOT about a taking?
a. Pennsylvania Coal Co. v. Mahon
b. Keystone Bituminous Coal Association v. DeBenedictis
c. Munn v. Illinois
c. Munn v. Illinois (14th amendment)
other two are 5th amendment
Procedural Due Process
- Covered under the Fourteenth Amendment
- Provides protection against unfair process where an individual’s life, liberty, or property is concerned.
- Open meetings are required to provide the opportunity for the public to be informed.
Is adoption of a comprehensive revision to the zoning ordinance a quasi-judicial process or a legislative action?
Legislative action
What are three examples of real property?
- Mineral Rights
- Buildings
- Easements
What are Right-to-Farm laws?
- preserve agricultural practices, make farming more viable, and minimize threat to normal farming practices
- deny nuisance lawsuits against farmers, even if practices harm or bother adjacent property owners
How many states have Right-to-Farm laws?
All 50 states have some form of this law
Religious Land Use and Institutionalized Persons Act (RLUIPA)
- federal law
- prohibits imposition of burdens on the practice of religion
- prohibits churches and other religious institutions from being overly restricted by zoning laws.
Describe vested rights
- If a building permit has been issued, there is a right to continue with the project regardless of changes in regulation.
- Nonconforming lot can be developed if the zoning change was after the creation of the lot.
- Occurs once a substantial financial investment has been made in the property.
Why is Ambler Realty vs Village of Euclid, Ohio signfiant?
First upheld a community’s use of zoning
What did Young v. American Mini Theaters (1976) determine?
Not a First Amendment violation to zone for location of adult entertainment establishments
What did Construction Industry Association of Sonoma County v. City of Petaluma (1975) determine?
Can restrict the number of building permits granted each year (if reasonable)
What case determined that money damages could be appropriate for a temporary taking?
First English Evangelical Lutheran Free Church v. County of Los Angeles (1987)