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QuestionAnswer
Origin of Zoning 1916. NYC passed first zoning ord to combat the following problems: - street congestion - close proximity of buildings = no sunlight - use conflicts - noise, odor, dust - accessibility problems - encroachment of haz nonresidential activities
Origin of Zoning (cont). The zoning ord was drafted by attorney Edward Bassets and rooted in the notion that land uses were incompatible. Regulated land use, building height, setbacks. Divided city into 4 zones: residential, commercial, unrestricted and undetermined.
Regulatory Taking Must not eliminate productivity or profit of land. Reg taking occurs when it -removes landowner's right to possess his property or a fundamental aspect of his property. - prevents landowner from using land in any type of economic or productive manner
Regulatory Taking (cont). 1 - violates the Fifth Amendment or the Fourteenth Amendment (due process clause) to the US Constitution. If a landowner sues the gov over a land use reg, courts will determine whether or not a reg taking has occurred either by subjecting the reg to a
Regulatory Taking (cont). 2 series of tests (economic impact, investment impact, and character of regulation) or by examining state statues for compliance. If the gov is determined to be guilty of a reg taking, must pay just compensation.
Eminent Domain Right of gov to obtain private property from a landowner for a public use, as long as gov provides just compensation (fair market value). Many times land is declare condemned.
Eminent Domain (cont). In order to overturn a declaration of ED, a landowner must prove one of the following: - the compensation was not just - the proposed land use is not a public use
Ripeness Doctrine 1985. Williamson County Regional Planning Commission v. Hamilton Bank. Claim re: a land reg can only be submitted to judicial review after the landowner has exhausted every other possible avenue for relief, such as variance or condemnation procedures.
Created by: jlongabaugh
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