Application of Legal Principles

Question 1

First Amendment:

Answer 1

Freedom of Speech, Freedom of Religion, and Freedom of Association
Within the framework of the First Amendment,
Freedom of speech applies to adult uses and signs. Freedom of religion applies to religious facilities.
Freedom of association applies to group homes.

Question 2

Fifth Amendment:

Answer 2

Just compensation for takings
The Fifth Amendment requires just compensation for takings,
this amendment applies in cases of takings and eminent domain.

Question 3

Fourteenth Amendment:

Answer 3

Due process, substantive due process, procedural due process, and equal protection
The Fourteenth Amendment defines different types of due process.
Due process can be applied to takings, eminent domain, and exactions (a condition for development imposed on a parcel of land).
Substantive due process is about the validity of the rule itself, which in planning might include issues of aesthetics.
Procedural due process is about whether the rules were applied fairly, which in planning might include how an ordinance was applied.
Equal protection is often applied to exclusionary zoning.

Question 4

The taking of property without just compensation

Answer 4

is a violation of the Fifth and Fourteenth Amendments.