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