Planning Law Flashcards
Kelo v. City of London
Planners can take properties through eminent domain for the purposes of economic development.
Courts found that this was a valid use of police power.
Golden v. Ramapo
Upheld an ordinance that made issuance of a development permit contingent on the presence of public facilities. It was the first growth management case that allows the city to control its own growth.
The case upheld a growth management system that awarded points to development proposal abased on the availability of public utilities, drainage utilities, park, road access, firehouses.
A proposal would only be approved upon reaching a certain point level. Developers could increase their point total by providing the involved facilities themselves.
Substantive due process
Involves power to regulate certain public activities
Procedural due process
Issues involving an analysis of the process required by the Constitution when states seek to deprive ppl of life liberty and property.
This is covered under the 14th amendment
Balancing of interests approach for reviewing taking claims
Est. In Pennsylvania Coal, the court articulated the balancing of interests approach for reviewing the taking claims.
This is where the court analyzes the nature and extent of the public interest involved and the nature and extent of the loss to the property owner.
Tahoe Sierra Preservation Council versus Tahoe Regional Planning Agency
The Tahoe regional planning agency imposed two moratoriums between 1981 and 1984 while formulating a comprehensive land use plan for the area. An association representing owners filed a suit claiming a taking of their property without just compensation. The court held that because the regulations had only a temporary impact, no categorical taking had occurred
Village of Arlington Heights versus Metropolitan Housing Development Corporation
Metropolitan Housing Development Corp was trying to build racially integrated low and moderate income housing but it needed a zoning change to switch from a single family to a Multiple family classification. MHDC challenged Arlington’s denial as racially discriminatory.
US Supreme Court held that MHDC failed to establish Arlingtons racially discriminatory intent or purpose. While indicating that Arlingtons zoning denial may result in a racially disproportionate impact, the Court held that the evidence didn’t show that this was Arlingtons deliberate intention.
Vested rights
Belonging completely and unconditionally to a person as a property interest which can’t be impaired or taken away without the consent of the owner
