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121 Cards in this Set

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Ordinance of 1785
Provided for the rectangular land survey of the old Northwest. Called "the largest single act of national planning in our history and...the most significant in terms of continuing impact" (Daniel Elazar).
1862 Homestead Act
Opened the lands of the Public Domain to settlers for a small fee and 5 years residence.
1862 Morrill Act
Congress authorizes land grants from the Public Domain to the states in order to found colleges offering instruction in agriculture, engineering, military tactics and other practical arts.
The Police Power
To protect the health, safety, welfare, and morals of the community.
1887 Mugler vs Kansas
US Supreme Court ruled that the courts have the duty to strike down local laws that do not have a real or substantial relation to the police power.
1891 General Land Law Revision Act
Gave President the power to create forest preserves by proclamation.
1896 United States vs Gettysburg Electric Railway Co.
The first significant legal case dealing with historic preservation. The US Supreme Court rules that the acquisition of the national battlefield at Gettysburg serves a legitimate public purpose.
1897 Forest Management Act
Authorized some control by the Secretary of the Interior over the use and occupancy of the forest preserves.
1901 New York State Tenement House Law
The legislative basis for city codes that outlawed tenements such as the "Dumbbell Tenement". Lawrence Veiller was the leading reformer.
1902 US Reclamation Act
Created fund from sale of public land in the arid states to supply water via the construction of water storage and irrigation works.
1903 Public Lands Commission
Teddy Roosevelt appoints commission to propose rules for orderly land development and management. The findings of this commission helped lead to new laws governing the use of public lands.
1906 Antiquities Act
First law to institute federal protection for preserving archaeological sites. Provided for designation as National Monuments areas already in the public domain that contained "historic landmarks, historic and prehistoric structures, and objects of historic or scientific interest".
1907 Inland Waterway Commission
Teddy Roosevelt established commission to encourage multi-purpose planning in waterway development: navigation, power, irrigation, flood control, water supply.
1909 Welch vs Swasey
US Supreme Court upholds right of municipalities to regulate building heights. This validated the use of construction standards to uphold public safety.
1915 Hadacheck vs Sebastian
US Supreme Court upheld a regulation that governed the placement of land uses.
1916 (NYC)
Nation's first comprehensive zoning resolution adopted by New York City board of Estimates under George McAneny and Edward Bassett, known as the "Father of Zoning".
What was the purpose of the National Park Service (1916)?
National Park Service established with sole purpose of conserving and preserving resources of special value.
1918 US Housing Corporation and Emergency Fleet Corporation
Operated at major shipping centers to provide housing for World War I workers. Influenced later endeavors in public housing.
1922 Pennsylvania Coal vs Mahon
The first decision to hold that a land use restriction constituted a taking. Principle of a "regulatory taking".
1924
US Department of Commerce under Herbert Hoover issues Standard State Zoning Enabling Act.
Village of Euclid vs Ambler Realty
Constitutionality of Zoning upheld by the US Supreme Court (case argued by Alfred Bettman).
1928
US Department of Commerce under Herbert Hoover issues Standard City Planning Enabling Act.
1928 Nectow vs City of Cambridge
US Supreme Court struck down a local zoning ordinance that was not reasonably tied to a valid public purpose under the police power.
1929 Wisconsin Law
First instance of rural zoning. Authorized county boards "to regulate, restrict and determine the areas within which agriculture, forestry, and recreation may be conducted".
1932 Bove vs Donner-Hanna Coke Corp
The court ruled that an owner cannot make use of his property if that use creates a material annoyance to his neighbor or if his neighbor's life or property is lessened by the use.
What was the purpose of the Federal Emergency Relief Administration (1933)?
Set up to organize relief work in urban and rural areas under Harry Hopkins.
What was the Tennessee Valley Authority (1933)?
Created to provide for rehabilitation and redevelopment of the Tennessee Valley, America's most famous experiment in river-basin planning. Senator George Norris of Nebraska fathered the idea, and David Lilienthal was its most effective implementer.
What did the National Housing Act of 1934 do?
Established Federal Savings and Loan Insurance Corporation (FSLIC) for insuring savings deposits and the FHA for insuring individual home mortgages.
What was the purpose of the Taylor Grazing Act of 1934?
To regulate the use of the range in the west for conservation purposes.
What was the purpose and result of the 1935 Resettlement Administration?
Established under Rexford Tugwell to carry out experiments in land reform and population resettlement.
What did the Resettlement Administration (1935) build?
The agency built 3 new towns: Greenbelt, MD; Greendale, WI; Greenhills, OH. These were forerunners of the present day New Towns: Columbia, MD; Reston, VA; etc.
1935 Soil Conservation Act
A response to fierce dust storms in the west, it was a move to make the prevention of soil erosion a national responsibility, gave farmers subsidies to plant native grasses, trees, and vegetables rather than pursuing commercial crops that deplete soils.
What was the Historic Sites, Buildings, and Antiquities Act (1935)?
A predecessor of the National Historic Preservation Act. Requires the Secretary of the Interior to identify, acquire, and restore qualifying historic sites and properties and calls upon federal agencies to consider preservation needs in their programs and plans.
What was the Social Security Act of 1935, and who was a notable promoter of the Act?
Passed to create a safety net for the elderly. Frances Perkins, Secretary of Labor and first woman cabinet member, was a principal promoter.
What was the 1937 US Housing Act (Wagner-Steagall)?
Set the stage for future government aid by appropriating $500 million in loans for low-cost housing. Tied slum clearance to public housing.
What was the purpose of the Farm Security Administration (1937)?
This was the successor to the Resettlement Administration and administrator of many programs to aid the rural poor.
What was the impact of the Serviceman's Readjustment Act (1944)?
The "G.I. Bill" guaranteed loans for homes to veterans under favorable terms, thereby accelerating the growth of the suburbs.
What was the Housing and Home Financing Agency (1947)?
This predecessor of HUD was created to coordinate the federal government's various housing programs.
What was the 1949 Housing Act (Wagner-Ellender-Taft Bill)?
This was the first comprehensive national housing legislation. Aimed to construct about 800,000 units. Inaugurated urban redevelopment program.
What was the Housing Act of 1954?
Stressed slum prevention and urban renewal rather than slum clearance and urban redevelopment as in the 1949 Housing Act.
What was Section 701 under the 1954 Housing Act?
Stimulated general planning for cities with populations under 50,000 by providing funding. Extended later by legislative amendments to foster statewide, interstate, and substate regional planning.
What was the impact of Berman vs Parker 1954?
US Supreme Court upholds right of Washington DC Redevelopment Land Agency to condemn properties that are unsightly, though non-deteriorated, if required to achieve objectives of duly established area redevelopment plan.
What was Brown vs Board of Education 1954?
In this case the US Supreme Court upholds school integration.
What was the 1956 Federal Aid Highway Act?
This created the interstate highway system linking all state capitals and most cities with populations over 50,000.
What was the 1959 Advisory Commission on Intergovernmental Relations (ACIR)?
This commission was made up of members of various branches of government, and served primarily as a research agency and think tank on intergovernmental relations.
1961 Hawaii (Zoning)
Becomes first state to institute statewide zoning.
What was the 1964 Civil Rights Act?
This law outlawed discrimination based on race, creed, and national origin in places of public accommodation.
Housing and Urban Policy (1965)
This area achieved cabinet status when the Housing and Home Finance Agency is succeeded by the Department of Housing and Urban Development.
Robert Weaver (1965)
This man became HUD's first Secretary and the country's first African-American cabinet member.
What was the Water Resources Management Act (1965)?
This law authorized federal multi-state river basin commissions.
What was the Public Works and Economic Development Act (1965)?
This act establishes the Economic Development Administration to extend coordinated, multi-faceted aid to lagging regions and foster their redevelopment.
What was the Appalachian Regional Planning Act (1965)?
Established a region comprising all of West Virginia and parts of 12 other states, plus a planning commission with the power to frame plans and allocate resources.
What was the 1966 Demonstration Cities and Metropolitan Development Act?
A centerpiece of Lyndon Johnson's "Great Society" program, it launched the "model cities" program, an interdisciplinary attack on urban blight and poverty.
What did the National Historic Preservation Act (1966) do?
Establishes National Register of Historic Places and provides, through Section 106, for the protection of preservation worthy sites and properties threatened by federal activity. Creates the national Advisory Council on Historic Preservation and SHPO.
What is SHPO?
From the 1966 Historic Preservation Act, directs that each state appoint a State Historic Preservation Officer.
What is the significance of Section 4(f) of the Department of Transportation Act (1966)?
Provides for the protection of parkland, wildlife refuges, and other preservation-worthy resources in building national roads.
Intergovernmental Relations Act (1968).
Office of Management and Budget issues Circular A-95 requiring state and substate clearinghouses to review and comment on federally assisted projects to facilitate coordination among the 3 levels of government.
Jones vs Mayer (1968)
Arose when the developer of a suburban St. Louis subdivision refused to sell Joseph Jones a home because he was black.

This case decided by the 8th Circuit Court rules that racial barriers cannot affect the acquisition of property.
What is the significance of NEPA (1969)?
This act requires an "environmental impact statement" for every federal or federally aided state or local major action that might significantly harm the environment. Acknowledged the importance of open and public decision-making process in environmental decisions.
What is the Clean Air Act (1970)?
This act protects health and welfare by limited air pollution emissions and exposure to ambient air pollutants, from stationary and mobile sources. States have prime responsibility to enforce.
What are the National Ambient Air Quality Standards (NAAQS)?
Created under the Clean Air Act, required non-attainment areas (areas not meeting standards) to develop strategies to achieve compliance.
What is the purpose of the EPA (1970)?
This agency's purpose is to enforce environmental laws, such as the Clean Air Act and the Clean Water Act.
What was James vs. Valtierra (1971)?
Upheld an amendment to the California Constitution mandating a referendum on all housing projects because an intent to racially discriminate could not be found.
What was the impact of Calvert Cliffs Coordinating Committee vs. US Atomic Energy Commission (1971)?
Found that an approval for a nuclear power plant was not properly granted because the requirements of NEPA were not followed. Solidified the place of NEPA in the development arena.
What was the Coastal Zone Management Act (1972)?
Administered by NOAA. Created a voluntary National Coastal Management Program in which states developed coastal management programs to meet established minimal federal standards. States mapped their waterfront areas and identified ways to control land uses and protect coastal environment.
1972 US State and Local Fiscal Assistance Act?
General revenue sharing.
What was 1972 Golden vs. Planning Board of Ramapo?
New York high court allows the use of performance criteria as a means of slowing community growth.
What was the 1973 Endangered Species Act?
This act authorized federal assistance to state and local jurisdictions to establish conservation programs for endangered plant and animal species.
What was Fasano vs. Board of County Commissioners of Washington County (1973)?
In this case, the Oregon Supreme Court ruled that all zoning and rezoning must be consistent with applicable comprehensive plans.
What was the Housing and Community Redevelopment Act (1974)?
This act replaced the categorical grant with the block grant as the principal form of federal aid for local community development.
What was the result of Village of Belle Terre vs. Boraas (1974)?
In this case the US Supreme Court rules that limiting residents of housing units to related individuals was a legitimate use of the police power, eliminating many fundamental civil rights challenges to local regulations.
What was the impact of the 1975 Cleveland Policy Plan Report?
This report shifted emphasis from traditional land-use planning to advocacy planning.
What was the result of Sonoma vs. Petaluma (1975)?
US 4th Circuit found that quotas on the annual number of building permits issued was a constitutional use of the police power.
What was Southern Burlington NAACP vs. Township of Mt Laurel (1975)?
In this case, the NJ Supreme Court struck down an exclusionary zoning ordinance adopted by Mount Laurel which prevented the construction of affordable housing.
What was the impact of Mt. Laurel (1975)?
Municipalities were ordered to rewrite their zoning laws to accommodate the need for providing a fair share of the affordable housing stock.
What does the Historic Preservation Fund (significantly expanded 1976) do?
Aids various State Historic Preservation Offices (SHPO's) by providing them matching grants, which are used to aid in historic preservation efforts.
What was City of Eastlake vs. Forest City Enterprises (1976)?
In this case the US Supreme Court ruled that a mandate that all rezonings be subject to referendum is constitutional because no intent to discriminate could be found.

Due process clause of the 14th Amendment.
What was the impact of Young vs. American Mini Theaters, Inc. (1976)?
In this case the Supreme Court upheld a zoning provision mandating the decentralization of sexually oriented businesses based on studies showing a detriment to society as a result of clustering.
What was the impact of Associated Homebuilders of Greater East Bay vs. City of Livermore (1976)?
In this case, the California Supreme Court found that temporary moratoria on building permit issuance was constitutional.

As a result, courts have begun to rule favorably on the use of capital improvement controls as a method for controlling land development, especially if they are linked to a planning process.
What was the impact of Village of Arlington Heights vs. Metropolitan Housing Development Corp (1977)?
Equal protections case. US Supreme Court found that a regulation effectively denying housing to people based on race, immigration status, or national origin was unconstitutional. Also, a regulation effectively denying housing to people based on gender or illegitimacy must substantially advance a legitimate state interest and be passed or enforced with intent to discriminate.
What was Penn Central Transportation Co. vs. City of New York (1978)?
In this landmark decision, the Supreme Court found that barring some development of air rights was not a taking when the interior of the property could be put to lucrative use. Upheld NYC's Landmark Preservation Law as applied to Grand Central Terminal.
What is the 1980 Superfund Bill (Comprehensive Response, Compensation, and Liability Act)?
This bill creates a liability for persons discharging hazardous waste into the environment. Taxes polluting industries to establish a trust fund for the cleanup of polluted sites in cases where individual responsibility is not ascertainable.
What was the impact of Central Hudson vs. Public Service Commission (1980)?
Central Hudson Gas had challenged a Public Service Commission regulation that prohibited promotional advertising by electric utilities.

In this case, the US Supreme Court found that for a regulation involving first amendment rights to survive, it must pass this four part test: 1) advance a compelling state interest, 2) allow a reasonable alternative means of communication, 3) is as narrowly defined as possible, and 4) is a reasonable time, place, and manner restriction.
What was the impact of Agins vs. City of Tiburon (1980)?
This case made clear that a regulation that is not reasonably related to the police power and causes a property to lose all economic value constitutes a taking.
What was the result of Metromedia vs. City of San Diego (1981)?
This case overturned an ordinance because it effectively banned non-commercial signs. The US Supreme Court held that neither commercial nor non-commercial speech can be favored over the other.
What was Loretto vs. Teleprompter Manhattan CATV Corp.(1982)?
US Supreme Court confirms that a physical invasion of a property is a taking.
What was the 2nd Mount Laurel case's impact (1983)?
NJ Supreme Court ruled that all 567 municipalities in the state must build their "fair share" of affordable housing. A precedent-setting blow against racial segregation.
What was Members of City Council vs. Taxpayers for Vincent (1984)?
In this case, the US Supreme Court upheld a regulation that banned the attaching of signs to utility poles. The Court found that the regulation met all the tests mentioned under Central Hudson (1980).
What was the impact of City of Cleburne vs. Cleburne Living Center (1985)?
In this case, the US Supreme Court ruled that an ordinance that treats different groups unequally, but does not involve a fundamental right or group that gained protection under Village of Arlington Heights (1977) merely needs to pass a rational basis test. (In this case, the ordinance failed the rational basis test.)
What was the impact of City of Renton vs. Playtime Theaters, Inc (1986)?
In this case, the US Supreme Court allowed a zoning ordinance limiting sexually-oriented businesses to 5% of the municipal land area to stand based on a study conducted on the negative effects the business type has on surrounding areas.
What was the impact of First English Evangelical Lutheran Church vs. County of Los Angeles (1987)?
In this case, the US Supreme Court found that even a temporary taking requires compensation.
What was the impact of Nollan vs. California Coastal Commission (1987)?
In this case, the US Supreme Court found that land-use restrictions, to be valid, must be tied directly to a specific public purpose. The Court found that the requirement by the CCC was a taking in violation of the 5th and 14th Amendments.
What was the significance of Cohen vs. Des Planes (1990)?
Relationship of regulation and religion. US Supreme Court ruled that zoning cannot grant religious institutions advantages over other commercial ventures. In this case, the Court overturned a zoning provision that allowed a church to run a day care in a residential zone where no one else could do so.
What was the significance of Oregon vs. Smith (1990)?
US Supreme Court ruled that zoning that is neutral on its face was permissible so long as it doesn't hinder the religion itself. This case upheld a ban on the use of peyote in Native American religious services.
What was the significance of Lucas vs. South Carolina Coastal Council (1992)?
The US Supreme Court limited local and state governments' ability to restrict private property without compensation.

In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."
What was the purpose of the Enterprise Zone/Empowerment Community (EZ/EC) proposal (1993)?
This aimed tax incentives, low wage tax credits, special deductions, and low-interest financing to a limited number of impoverished urban and rural communities to jumpstart their economic and social recovery.
What was the purpose of the North American Free Trade Agreement (NAFTA) between the US, Canada, and Mexico (1994)?
This agreement's purpose was to foster trade and investment among the three nations by lowering or removing non-tariff as well as tariff barriers.
What was the significance of Dolan vs. City of Tigard (1994)?
In this case, the US Supreme Court ruled that a jurisdiction must show that there is a "rough proportionality" between the adverse impacts of a proposed development and the exactions it wishes to impose on the developer.
What was the significance of the Telecommunications Act (1996)?
This Act allowed for greater competition in the telecommunications industry. It impacted local land use by requiring telecommunications towers be permitted wherever a gap in coverage is found, and prohibits local consideration of health effects in permitting decisions.
What was the significance of Bormann vs. Board of Supervisors (1998)?
In this case, the Iowa Supreme Court struck down "right-to-farm" legislation ruling that is was 1) an unequal application of law and 2) an indirect de facto taking of abutting non-farm properties.
What was the impact of Sierra vs. Tahoe (2002)?
In this case, the US Supreme Court ruled that a temporary building moratorium for the purpose of conducting planning studies to protect the public health, safety, welfare, and morals is a legitimate use of police power and does not constitute a taking of any kind.
What was the significance of Kelo vs. City of New London (2005)?
In this case, the US Supreme Court upheld the decades-old practice of utilizing urban redevelopment and eminent domain for economic development purposes when such actions are backed by a redevelopment plan that underwent a full plan development process.

This was a controversial decision, and in response, many states passed laws or constitutional amendments to make it more difficult for state governments to seize private land.
What was the significance of San Remo Hotel vs. San Francisco (2005)?
In this case, the US Supreme Court ruled that a takings dispute resolved at the state level cannot be re-litigated at the federal level.
What was the significance of Lingle vs. Chevron (2005)?
The US Supreme Court overturned the troublesome "substantial advancement" test established in Agins vs. City of Tiburon (1980)?
What was the significance of Rancho Palos Verdes vs. Abrams (2005)?
In this case, the US Supreme Court ruled that zoning review under the Telecommunications Act does not include monetary damages or a lengthy review period.
What was the significance of Eubank vs. City of Richmond (1912)?
In this case, a Zoning Ordinance establishing building setback lines was held unconstitutional and not a valid use of the Police Power; violates the due process of law and is therefore unconstitutional under the 14th Amendment. In general though it was the first time the Court recognized the constitutionality of setbacks
What was the impact of Cheney vs. Village 2 at New Hope (1968)?
This case legitimized planned unit development (PUD) process?
What was the impact of Citizens to Preserve Overton Park vs. Volpe (1971)?
This case established hard look doctrine for environmental impact review. Section 4(f) DOT Act of 1966 - park use ok if no "feasible and prudent" alternative and "all possible planning to minimize harm".
What was the impact of Sierra Club vs. Morton (1972)?
This case opened up environmental citizen suits to discipline the resource agencies.
What was the impact of Just vs. Marinette County (1972)?
This case significantly integrated public trust theories into a modern regulatory scheme. Shoreland zoning ordinance along navigable streams and other water bodies upheld.
What was the impact of Hills vs. Dorothy Gautreaux (1976)?
As a result of this case, the Chicago Housing Authority and HUD had to spread out concentration of public housing (scattered site housing), including into white suburbs that were not necessarily within Chicago. Argued under the Civil Rights Act of 1964.
What was the impact of Tennessee Valley Authority vs. Hill (Sec. of Interior) (1978)?
This case created the modern Endangered Species Act, which protects designated species. Halted the Tellico Dam, which was almost completely built, because the endangered Snail Darter - a fish - was found.
What was the impact of Williamson County Regional Planning Commission vs. Hamilton Bank (1985)?
This case defined the ripeness doctrine for judicial review of takings claims.
What was the impact of Lucas vs. South Carolina Coastal Council (1992)?
This case defined categorical regulatory taking. Compensation must be paid when all economically beneficial uses of land are taken unless uses are disallowed by title or by state law principles of nuisance.
What was the impact of City of Ladue vs. Gilleo (1994)?
In this case, the Supreme Court ruled that the display of a sign by a homeowner was protected by the 1st amendment under freedom of speech.
What was the significance of Babbitt vs. Sweet Home Chap. of Communities for a Great OR (1995)?
This case applied the Endangered Species Act to land development; Sec. of Interior's definition of harm is valid.
What was the impact of Tahoe-Sierra Preservation Council vs. Tahoe Regional Planning Agency (2002)?
This case sanctioned the use of moratoria and reaffirmed the "parcel-as-a-whole" rule for takings review. Moratoria on development not a per se taking under the 5th amendment, but should be analyzed under the multi-factor Penn Central test.
What was the impact of Massachusetts vs. EPA (2006)?
The court found that the EPA must provide a reasonable justification for why they would not regulate greenhouse gases.
What was the impact of Rapanos vs. United States (2006)?
The court found that the Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway. This pulled back the ACOE's jurisdiction regarding wetlands.
What was the impact of SD Warren vs. Maine Board of Environmental Protection (2006)?
The court ruled that hydroelectric dams are subject to Section 401 of the Clean Water Act.
"Nuts and bolts" of the 1785 Ordinance: What is the size of a 'section' and what is the size of a township?
A section equals 640 acres, and a township equals 6 square miles, or 36 sections.