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4 Cards in this Set
- Front
- Back
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Zoning enabling act
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legislative act- authorized states to utilize their police power to create a comprehensive zoning plan
- this is transferred down to municipalities from states Must not be IRRATIONAL euclid: zoning is constitutional so long as it is reasonably connected to protecting public welfare/health |
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When is Zoning a Taking?
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examples must have an amortization period. if subsequent zoning, comes in, then must give existing business or use time to recoup investment
so long as period is reasonable it is not a taking |
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Eminent Domain
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"nor shall private property be taken for public use without just compensation" - 5th amend.
Public Use: cts shifted meaning to "public purpose -has been extended to "economic re-development" -valid public purpose can be to create jobs Land gets fair market value - no subjective value |
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Regulatory Takings
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Which Test? penn central v. penn coal
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