Legislation Flashcards
5th Amendment
Prohibits the government from taking private property for public use without paying just compensation to the property owner (14th Amendment deals with due process in taking)
Americans with Disabilities Act (ADA 1990)
Required mass transit systems to be accessible and paratransit for those who cannot drive or use public transit. New accommodations for people with various disabilities Impact on built environment and building codes
Antiquities Act of 1906
First law to provide federal protection for archaeological and historic sites Allowed areas in the public domain that contained historic landmarks, historic structures, and objects of historic interest to be designated as National Monuments
CAA (1963)
Clean Air Act of 1963. Requires monitoring of pollutants including ozone, vehicle emissions, etc. Established National Ambient Air Quality Standards (NAAQS)
Civil Rights Act of 1968
Fair Housing Act Prohibited housing discrimination Title VIII prohibited housing discrimination Allowed individuals who believed they were victims to file a civil suit or complain to HUD
Coming to the nuisance
Courts are likely to view favorably defendants of nuisance claims if the nuisance existed prior to plaintiff locating or being effected by nuisance. Especially common in agricultural nuisances.
Community Character Act (2002)
- DID NOT PASS - incentive to help states and localities initiate and implement smart growth - federal government as partner with localities in building great places without intrusive federal mandates
Community Reinvestment Act of 1977
To stop redlining; required banks to loan to areas it serves customers in. Financial institutions are accountable for investments that they finance Reduced the practice of redlining and opened new investment and greater citizen participation and awareness
Cranston-Gonzalez National Affordable Housing Act of 1990
Established two of HUD’s most important programs: HOME and HOPE Increased support for homelessness programs established under the McKinney Homeless Assistance Act
Disaster Mitigation Act of 2000
Requires state, local & Tribal mitigation planning as a condition of FEMA assistance. Requires “local mitigation plan” 1. How it was created 2. Existing conditions 3. Alternatives 4. Best actions 5. Implementation 6. Monitoring, evaluation, updates
Easement
used to secure a portion of rights associated with a parcel
Exactions
Costs levied on developers as a condition for receiving permission to develop in a community (i.e. contribution of land, facilities or funding); Extractions reflect the costs that a dev is projected to impose on a community
Fair Housing Amendments of 1988
Expanded fair housing to include group homes and halfway homes Prohibited discrimination based on age or disability
Farmland Protection Act of 1981
Administered by USDA Used to minimize federal policy effects on converting farmland to non-agricultural uses Developed standards for measuring effects
Federal Telecommunications Act of 1996
Municipality may not prohibit proposed wireless services facilities, discriminate between providers of wireless services, or regulate proposed wireless communications facilities regarding the potential health effects of radio-frequency emissions.
First significant legal case concerning historic preservation
U.S. v. Gettysburg Electric Railway Co.
Fourteenth Amendment
Private property cannot be taken without due process
Homestead Act (1862)
Permitted settlers to claim 160-acre parcel of public land in the west on condition they reside on land for 5 consecutive years; Cause gov’t to take a major role in water development in the West. 160 AC of land with condition that they reside on it for five consecutive years Much of settled land didn’t receive enough rain to support agriculture Caused government to take major role in water development in the West
Land and water conservation fund 1964
Requires states to develop outdoor recreation plans for federal money SCORP = statewide comprehensive outdoor recreation plans Uses lease monies from oil and gas drilling to fund land conservancy
Land Ordinance of 1785
Rectangular land survey of Northwest Territory Land divided into six square mile townships. PLSS
Morrill Act (1862)
Gave public land to each state to be sold for the establishment of “engineering, agriculture and military science colleges” (land grant colleges)
National Ambient Air Quality Standards of the Clean Air Act
Sulfur Dioxide PM10 PM2.5 Carbon Monoxide Ozone Nitrogen Dioxide Lead
National Emissions Standards Act (1965)
Motor Vehicle Air Pollution Control Act. First federal legislation regulating vehicle emissions. An amendment to CAA
National Flood Insurance Act
1968
National Interstate and Defense Highways Act (1956)
Eisenhower; Construction funding through Highway Trust Fund (from taxes on new vehicles and gas); Largest public works project in the nation’s history
Omnibus Budget Reconciliation Act of 1993
Established and funded HUD’s Enterprise Zone and Empowerment Community programs Designated distressed neighborhoods for package of tax incentives aimed at opening new businesses, provide new jobs, rehab and build new housing, and change lives in urban and rural areas
Religious Land Use and Institutionalized Persons Act of 2000
First Amendment Following the Supreme Court’s ruling in City of Boerne v. Flores, Congress passed the Religious Land Use and Institutionalized Persons Act. The new act declares that no government may implement land use regulation in a manner that imposes substantial burden on the religious assembly or institution, unless the government demonstrates that imposition of burden both is in furtherance of compelling government interest and is the least restrictive means of furthering that compelling governmental interest. This act has been challenged in several legal cases, for example in Civil Liberties for Urban Believers v. the City of Chicago. In this case, the Court found that changes that the City made to their zoning ordinance brought the ordinance into compliance with RLUIPA. This act was also challenged in Cutter v. Wilkinson, U.S. Supreme Court (2005). The Court ruled that the Act is a constitutional religious accommodation under the First Amendment’s Establishment Clause.
Ripeness doctrine
A claim is ready for judicial review only after a property owner has sought all possible relief through, for example, variance or condemnation procedures
Standard City Planning Enabling Act (1928)
Outlined powers of municipal planning commissions and required the adoption of a master plan by local governing bodies; Provided for establishment of regional planning commissions and regional plans; Published by Dept of Commerce under Hoover. Laid foundation for planning in US Outlined powers of municipal planning commissions and required adoption of master plan by local governing bodies Enabled regional planning commissions and regional plans Herbert Hoover under Department of Commerce
Standard State Zoning Enabling Act (1924, 1926)
Confirmed the states’ authority to delegate police power to municipalities to enact local zoning ordinances; Drafted under Secretary of Commerce Hoover. Adopted 1926 - published 1924 - Influenced by 1916 zoning ordinance in NYC - Confirmed states’ authority to delegate police power to municipalities to enact local zoning ordinances - Drafted and approved under Secretary of Commerce Hoover
Steward B. McKinney Act (1987)
First major legislative response to homelessness; Emphasis on elderly, disabled and families with children
Takings Tests
-Essential Nexus (Nolan) -Per se Total Takings (Lucas) -Rough Proportionality (Dolan) -Physical Occupation (Loretto/CATV) -Balancing Test (Penn Central) -Legitimate Interest (Agins, reverts to Balancing Test in Lingle) -Ripeness (highly discretionary decision are subject to high scrutiny)
Telecommunications Act of 1996
Goal is to increase competition Streamline installation of cell phone towers Gave telecom companies pre-emption powers over local regulations as well as eminent domain powers over private property
Tennessee P.L. 1101 Comprehensive Growth Policy Act of 1998
Marked emergence of smart growth Identified ways to deal with strong local control and agricultural interests Progressive approach to mandating local planning with state review and assistance
Traditional Neighborhood Unit
Clarence Perry; Traditionally contains 6,000 people
Transportation Equity Act for the 21st Century (TEA-21) (1998)
Successor to ISTEA; added new initiatives for improving safety, protecting natural environment, advancing economic growth and competitiveness; emphasized transit as alt to highway expansion
Transportation Equity Act for the 21st Century of 1995
Built on legacy of ISTEA Sought to improve linkage between land use and transportation planning Provided record levels of guaranteed federal transportation resources
Washington Growth Management Act of 1991
High standard for state-mandated planning with detailed required plan elements Extensive use of urban growth areas in the state Bridge between traditional urban growth boundaries and smart growth
Wilderness Act (1964)
Established National Wilderness Preservation System protecting 9.1 million acres. Today consists of 109 million acres managed by various federal park and forestry agencies
CWA (1972) Amended 1977, 1987
CWA introduced the National Pollutant Discharge Elimination System (NPDES). All waters with a “significant nexus” to “navigable waters” are covered under the CWA
Demonstration Cities and Metropolitan Development Act (1966)
Created Model Cities, focusing on community participation; emphasized social and economic rebuilding of communities rather than physical development. Great Society Program “model cities” Included historic preservation
Emergency Housing Act of 1975
Provided emergency relief for underemployed and unemployed homeowners Authorized HUD to provide short-term assistance to defray mortgage payments for people temporarily unemployed or underemployed as the result of poor economic conditions
Emergency Planning and Community Right-to-Know Act 1986
Regulates 366 toxic chemicals
Empowerment Zones/Enterprise Zones (1994)
Fed funds to make distressed urban areas economically competitive with suburban neighbors; Incentives such as property tax reductions, sales tax reductions, wage tax credits, low-interest financing
Energy Policy Conservation Act 1975
Established CAFE standards
Energy Policy Conservation Act established CAFÉ standards for cars and trucks (1973)
27.5 miles per gallon for cars/ 20.7 miles per gallon for trucks
Federal Property and Administrative Services Act of 1949
- Guidelines for use and disposal of urban lands including acquisition, and change of use - Created General Services Administration
Indian Reorganization Act or the Wheeler-Howard Act of 1934
Enacted to conserve and develop Indian lands and resources Extended the right to form businesses Granted certain rights of home rule Provided for vocational education
Intermodal Surface Transportation Efficiency Act of 1991
Empowered local communities in transportation planning, bolstered support for transportation, established transportation enhancements program, and provided new levels of flexibility and certainty in planning and investments Opened door for non-highway transportation investments
NAFTA
North American Free Trade Agreement (NAFTA) among U.S., Canada and Mexico begins on January 1, 1994, its purpose is to foster trade and investment among the three nations by removing or lowering non-tariff as well as tariff barriers.
RCRA (1976)
Resource Conservation and Recovery Act of 1976 Cradle-to-grave legislation for hazardous waste materials Gave the EPA authority to control the generation, treatment, storage, transport, and disposal of hazardous waste Household hazardous wastes are exempt from RCRA regulations
Resource Conservation and Recovery Act of 1984
Required EPA to develop comprehensive regulatory program for storage of hazardous substances Requires owners of tanks to prevent, detect, and clean up any releases
SARA (1986)
Reauthorized superfund and added specific clean up and reporting requirements. National Priority List maps potential sites for further study or mitigation. Budget for Superfund cleanup has been reduced significantly over last decade
SDWA (1974)
Safe Drinking Water Act of 1974 Enacted to protect the quality of drinking water Set standards for drinking water Covers all waters actually or potentially used for drinking use, whether from above or below ground sources All owners or operators of public water systems are required to comply with the standards of SDWA
Section 701
Housing Act of 1954 - Funds to be used for comprehensive planning for small communities.
Urban Development Action Grant (UDAG) 1977
Use for site acquisition and clearance to facilitate economic development; Competitive funds (vs entitlement CDBG funds). Grants for site acquisition and clearance
