Legal Principles and Statutory Basis of Planning

Question 1

First Amendment - Freedom of Speech

Answer 1

Freedom of Speech, Freedom of Religion, Freedom of Association. Adult uses, signs, religious facilities, group homes.

Question 1

Fifth Amendment - Just Compensation

Answer 1

Just compensation for takings. Takings and eminent domain.

Question 2

Fourteenth Amendment - Due Process

Answer 2

Due process, substantive due process, procedural due process, equal protection. Due process: takings, eminent domain, exactions. Sub. due process: validity of the rule itself, might include issues of aesthetics. Procedural due process: whether rules were applied fairly, might include how an ordinance was applied. Equal protection: often applied to exclusionary zoning.

Question 3

Constitutional Principles

Answer 3

1. Delegation of Power
2. Procedural Due Process
3. Substantive Due Process
4. Equal Protection
5. Freedom of Speech
6. Just Compensation