Legal Principles

Question 1

What are the three major constitutional principles associated with planning?

Answer 1

First, Fifth, Fourteenth

Question 2

What is the first amendment, related to planning?

Answer 2

Freedom of speech, freedom of religion, freedom of association

Question 3

What is the fifth amendment, related to planning?

Answer 3

Just compensation for takings.

Question 4

What is the fourteenth amendment, related to planning?

Answer 4

Due process, substantive due process, procedural due process, and equal protection.

Question 5

How is the first amendment applied in principle?

Answer 5

Speech- adult uses and signs
Religion- religious facilities
Association- group homes

Question 6

How is the fifth amendment applied in principle?

Answer 6

Cases of takings and eminent domain
Interference with the ability to make money
reduction in property value
advance a legitmate public purpose

Question 7

How is the fourteenth amendment applied in principle?

Answer 7

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 8

Cities have the right to make regulations, except for where expressly stated otherwise by the State.

Answer 8

Home Rule.

Question 9

The rights of cities are only those that have been specifically authorized by the state

Answer 9

Dillon’s Rule

Question 10

Which constitutional amendement protects due process and equal protection?

Answer 10

Fourteent.

Question 11

How many states apply Dillon’s Rule in some capacity?

Answer 11

40

Question 12

Who grants police power to local jurisdictions.

Answer 12

States

Question 13

What are some examples of police powers granted by states to jurisdictions?

Answer 13

Zoning, funding.

Question 14

What does a “balancing of interests” approach for reviewing taking claims focus on

Answer 14

Analyzing the nature and extent of the public interest involved and the nature and extent of the loss to the property owner.