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)
Which case determined that cities cannot define “family” so that the definition prevents closely related individuals from living with each other?
Moore v. City of East Cleveland (1977)
In which case did the court allow time phasing of future residential growth until performance conditions were met?
Associated Home Builders of Greater East Bay v. City of Livermore (1976)
What was the conclusion from Hadacheck v. Sebastian (1915)?
Restriction of uses is not a taking
What was the main conclusion of Pennsylvania Coal v. Mahon (1922)?
Restrictions on use are not a taking provided they do not go too far
In what case did the
court validate state and local government actions that properly protect the public health, morals, and safety?
Mugler v. Kansas (1887)
What did Golden v. Planning Board of the Town of Ramapo (1972) determine?
Local governments can condition development approval on the provision of services
What case determined that regulation that leaves some economically beneficial uses may still be a taking?
Kavanau v. Santa Monica Rent Control Board (1997)
Renton v. Playtime Theaters Inc. (1986) determined that
- Distance separation or concentration requirements for adult uses is OK
- Regulation must serve a substantial governmental interest
- Regulation must leave open alternative methods of communication
Which 1978 case determined that restrictions on use are legal as long as there is still some commercial value?
Penn Central Transportation Co. v. New York City
Which 1912 case determined that
setbacks are constitutional?
Eubank v. City of Richmond
Property owners don’t need to sell their developmental rights before claiming the regulatory taking of property.
What case determined this?
Sultum v. Tahoe Regional Planning Agency (1997)
What was the two-pronged test that Agins v. City of Tiburon (1979) decided?
A taking if: (i) does not substantially forward state interest or (ii) denies owner an economically viable use of their land
What amendment is addressed in Agins v. City of Tiburon?
Fifth
Can development fees, such as impact fees, be used to pay for the cost of upgrading an existing system or raise the level of service in the community?
No
How are Nollan v. CA Coastal Commission and Dolan v. Tigard related to development fees?
Under Nollan: Must demonstrate a nexus between the public improvement and development impact. E.G. the development would result in X number of vehicle trips per day on the arterial roadway.
**Under Dolan: **The amount charged must be proportionate to impact.
What is Dillon’s Rule?
-local governments are subordinate to the state
-only authorized to perform actions permitted by the state.
What is a “home rule” jurisdiction?
have the authority to pass regulations without express authorization from the state.
(response to Dillon’s Rule)
The 1956 Federal Highway Act did which of the following?
I. Created the highway system that links state capitals and most large cities
II. Authorized states to pass property taxes to fund roads
III. Created toll roads across the United States
IV. Allocated funds from automobile sales for road construction
I. Created the highway system that links state capitals and most large cities
IV. Allocated funds from automobile sales for road construction
Why was the Federal Property Administration Act of 1949 developed?
To allow the government to dispose of federal property
What concept did Fred French Investing Co. v. City of New York introduce for the first time?
-transfer of development rights
-found that TDR is an inappropriate method to compensate the landowner for a taking
What was the result of Golden v. Planning Board of the Town of Ramapo?
Made development conditional based on the provision of services
What is arbitration?
-form of dispute resolution.
-independent third party makes a judicial determination of a dispute.
-commonly used in union contract disputes.
True or false: Euclid’s zoning ordinance became a standard used by many other communities
False
(the ordinance was not very good [hence the legal challenge], so other cities chose to write different ordinances.)
Describe the Wagner-Steagall Act
Houstin Act of of 1937
It created a two-tiered policy:
1. providing mortgage insurance to promote home ownership for the middle class
2. creating public housing for the poor.
What was the Neighborhood Composition Rule in the Wagner-Steagall Act?
-promoted modern seregation
-public housing could not disturb the pre-existing racial composition of neighborhoods where it was placed
Hadacheck v. Sebastian tested which amendment?
14th
(Supreme Court found that ordinance prohibiting brick manufacturing plant in a specific location did not violate the 14th Amendment.)
Which takings tests was established in Agins v. City of Tiburon?
Deprives property of all economically viable use
In the Dolan v. City of Tigard case, the court found that the exaction on a property must be {blank} in nature and extent to the {blank} of the proposed land development.
roughly proportional; impact
How did The Homestead Act of 1862 influence the development of land in the US?
allowed public lands to be sold for a nominal fee
Which case determined that eminent domain can be used for the purposes of economic development?
Kelo v. City of New London
To comply with Low Income Housing Tax Credits (LIHTC), unit affordability must be maintained for at least a {blank} compliance period.
15-yr
The maximum rent that can be charged in a unit funded by Low Income Housing Tax Credits (LIHTC) is a percentage of an area’s {blank}.
median income
{blank} percent of newly created affordable rental housing in the United States is funded by Low Income Housing Tax Credits (LIHTC).
90
What law is characterized by these three things?
-Lawrence Veiller led the reform movement.
-outlawed dumbbell tenements.
-improved living conditions for New York’s poor.-
1901 New York State Tenement House Law
The Rural Resettlement Act resulted in establishment of multiple {blank}.
greenbelt cities
{blank} are quasi-judicial rather than {blank}. They do not have the power to enact zoning ordinances.
Boards of adjustment; legislative
What is a change to the text of a zoning ordinance known as?
Zoning Text Amendment
Which of the following is not a case that was heard before the U.S. Supreme Court?
a. Village of Euclid v. Ambler Realty
b. Golden v. Planning Board of the Town of Ramapo
c. Village of Belle Terre v. Boraas
b. Golden v. Planning Board of the Town of Ramapo
(Court of Appeals of New York)
What were the main provisions of the 1949 Housing Act?
-federal financing for slum clearance
-increased authorization for FHA mortgage insurance
What did the Housing Act of 1954 create?
-Funds for urban renewal
-Federal assistance for local planning
Which US Supreme Court cases was responsible for putting forth the “severity of the burden” rather than the “substantially advances” test for takings cases?
Lingle v. Chevron
What agency manages the Low-Income Housing Tax Credit program, and what mechanism is used to award credits?
State housing agencies, using the state’s Qualified Allocation Plan
What did the 1934 Indian Reorganization Act provide for?
-Organization of Native Americans residing on reservations
-Adoption of constitutions for Native Americans living on reservations
What is the New Markets Tax Credit Program?
-Spurs business development
-Provides tax credit incentives to investors for equity investments in Community Development Entities.
-Community Development Entities then invest in development in low-income communities.
What is a Community Development Entity?
-domestic corporation or partnership
-intermediary vehicle for the provision of loans, investments, or financial counseling in Low-Income Communities (LICs).
In which tax does the tax rate increase as the tax base increases?
Progressive
The 1928 Standard City Planning Enabling Act (SCPEA) covered six subjects:
- Planning commission
- Master plan content
- Provision for master street plan
- Planning commission approval of all public improvements
- Control of private subdivision of land
- Establishment of a regional planning commission and a regional plan
Which came first:
Standard City Planning Enabling Act
OR
Standard State Zoning Enabling Act? .
Standard State Zoning Enabling Act (1924)
(SCPEA was developed in 1928)
What was the Land Ordinance of 1785?
-Rectangular survey
-Coordinates were created for virtually all of the country west of the Appalachians.
-Set up a standardized system for settlers to purchase farmland in the undeveloped west.
{blank} and {blank} are both cases where the courts recognized the legal authority of a community’s ability to manage its growth by establishing infrastructure standards and imposing them on future development.
Golden v. Planning Board of Ramapo (1972);
Construction Industry Association v. City of Petaluma
When there is a {blank} amendment case it’s often also a {blank} amendment case, but not vice versa.
5th; 14th
5th amendment cases are focused on {blank}; when someone argues it’s a {blank} they will also argue it’s a violation of {blank} (which is the 14th amendment).
takings; taking; due process
What is Executive Order 12898?
-stated that federal actions shall address environmental justice in minority and low-income populations.
-1994
Which was more important for advancing environmental justice: NEPA or Executive Order 12898?
Executive Order 12898
What did the Federal Property and Administrative Services Act of 1949 do?
established the General Services Administration
What did the Federal Surplus Property Act of 1944 do?
allows for the government disposal of property
What does the U.S. Department of Housing and Urban Development Consolidated Plan do?
-links the provision of subsidized housing to community development
-encourages local governments to develop strategies to assist low- and moderate-income residents to obtain housing.
Which of the following is NOT a constitutional principle?
a. Protection from statutory encroachment
b. Procedural due process
c. Just compensation
d. Delegation of power
a. Protection from statutory encroachment
