Chpts. 10-13 Land use regulation by govt/ takings/ eminent domain

Question 1

test for constitutionality of zoning

Answer 1

rational basis: huge level of deference

Question 2

Euclid standard

Answer 2

legal unless: clearly arbitrary and unreasonable, having no substantial relation to general welfare of public

Question 3

spot zoning

Answer 3

singling out parcels for different treatment

Question 4

mistake approach

Answer 4

amendment to zoning valid if mistake made in original, or conditions have changed significantly

Question 5

variance

Answer 5

allows for an owner to get out of zoning law

Question 6

2 types of variances

Answer 6

1. area variance–modification of lot size, height, etc.

2. use variance–hardship

Question 7

special exceptions to zoning

Answer 7

allowed on a case-by-case basis

Question 8

conditional zoning

Answer 8

rezoning a parcel when owner satisfies conditions imposed by locality in order to mitigate impact of zoning change

Question 9

floating zone

Answer 9

no specific area yet for large-scale development

Question 10

cluster zone

Answer 10

restricts # of homes to allow for open space

Question 11

eminent domain

Answer 11

1. taking of property by govt for public good

2. requires just compensation

Question 12

limitations to eminent domian

Answer 12

can’t limit for purely private use

Question 13

Penn Central Standard

Answer 13

balancing test: look at economic impact of regulation, the character of the govt action, and the extent to which the regulation has interfered w/ distinct, investment-backed expectation

Question 14

regulatory taking ok, even if it strips the entire economic value when:

Answer 14

where regulation is trying abate a nuisance

Question 15

Takings per se

Answer 15

permanent, physical occupation of land

or economic viability is stripped from LO