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41 Cards in this Set
- Front
- Back
Police Power
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Government right to regulate for the protection of health, safety, morals, and welfare of society
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enabling statues
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fed allows state/local to make laws
generally called "home rule" NY strong "home rule" state |
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Eminent domain
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Government right to seize property for fair market value
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Nexus
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The link between the problem and the solution
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5th Amendment
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Takings - Nor shall property be taken for public use without just compensation
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14th Amendment
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No person shall be deprived life, liberty, or property without due process of law
right to seek judicial relief |
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Berman vs Parker
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EMINENT DOMAIN
Berman owned furniture store that was in purchased area PARKER - Eminent Domain can be used for ECONOMIC REDEVELOPMENT OBJECTIVE |
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Kelou vs City of New London
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EMINENT DOMAIN
Redevelop working classes neighborhood near downtown CITY OF NEW LONDON - Eminent Domain can be used achieving ECONOMIC DEVELOPMENT OBJECTIVE As a result 40+ states passed laws clearly defining how eminent domain can be used |
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Hadacheck vs Sebastian
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ZONING
Hadacheck own mining and brick business City of LA pass law no brick business in city limits SEBASTIAN - Basis of public health Legit exercise of POLICE POWER if it meet 5 CRITERIA 1. valid public purpose 2. by due process of law 3. it is not arbitrary 4. not discriminatory 5. does not take away all value of the land Mining was still allowed so did not lose all value |
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Village of Euclid vs Ambler
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ZONING
Euclid suburb divided village into zoning districts Ambler wanted to build offices in residential area EUCLID - upheld the constitutionality of zoning if it meets the 5 points 1. valid public purpose 2. by due process of law 3. it is not arbitrary 4. not discriminatory 5. does not take away all value of the land |
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Nolan vs California Coastal Council
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NEXUS
Nolan wanted to build bigger house on ocean side property Would allow if he gave public access to the beach on property Nolan's bigger house obstructs ocean view NOLAN - Nexus was not proven |
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Dolan vs City of Tigard
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Dolan owned hardware store and wanted to double the size
Can double if dedicate 15' strip of land for trail system DOLAN - Nexus was not met |
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Penn Central Transportation Company vs NYC
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TAKINGS
NYC passed legislation that identified building to be "historically significant" Penn Central wanted to build 50-story building on top of Grand Central Station NYC - Regulations did not interfere with their reasonable rate of return on their investment |
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Lucas vs South Carolina Coastal Commission
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TAKINGS
1986 -Lucas purchases beachfront property to build homes 1988 - SC passes law that disallowed Lucas from building LUCAS - A takings did take place PUBLIC HEALTH BENEFIT is trumped by TAKINGS taking place |
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Palazzolo vs Rhode Island
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TAKINGS
Palazzolo bought waterfront property after RI law stated not wetlands could be filled in 1. Does he have a right to sue since law was passed before aquisition? 2. Is the case "Ripe for Review"? Go to court with out being told "No" 3. Did a takings take place? 1. PALAZZOLO - He did have a right to sue after law was passed 2. PALAZZOLO - It was apparent that he would be told "No" 3. NO RULING - PALAZZOLO altered argument RHODE ISLAND SUPREME COURT 3. RHODE ISLAND - Takings did NOT take place To prep land for use would gain minimal profits |
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Comprehensive plan
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keep laws updated
treat similar situations the same variance consistency in regulations |
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Growth Management
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Amount
Timing Location Character |
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Growth Management 2
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Ensure a desirable land use pattern
Smart/sustainable Provide for community service in conjunction with growth patterns Minimize the fiscal impacts of development induced cost |
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Golden vs Ramapo
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GROWTH MANAGEMENT
Ramapo passes development point requirements in order to receive building permit Golden building homes on big lots Exclusive to high income RAMAPO - Taking did not take place, Golden was too exclusive |
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States with lots of planing regulations
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Oregon, Hawaii, Florida, New Jersey
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"Tools in the Toolbox"
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Acquisition
Taxation Regulations |
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Acquisition -
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Aquiring full or partial rights to land
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Fee simple
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outright purchase of land for fair market value
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Easement
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Take away rights/restrictions on land
Acquired, Regulated or Donated Positive - allowing access to land Negative - not allowing access to land |
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Taxation
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Non revenue objective
Payments in lieu of taxes - PILOT Tax Breaks Tax Forgiveness |
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Tax breaks
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to continue farming and agree to not develop land
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Tax forgiveness
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given to encourage development
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Regulations
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Zoning
Sub division regulations Site plan review |
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Zoning
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Map or Text - controls the use of the land
places right restrictions on property owner could limit the freedom of design - height, style, building could look boring |
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Euclidean Model
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Use based, segregated land use, spread out
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Form based
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How it is structured on the land, interaction between building and street, more in line with smart growth
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If you have a zoning code...
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you must have a zoning board of appeals
quasi-judicial/ volunteer |
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Zoning Appeals
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allow other interpretations of zoning law
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Zoning Variance
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An exemption from the requirement of the law
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Sub-division Regulations
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design and layout of parcels
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Site Plan Review
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restricted to the site, surrounding parcels have no effect on review
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Overlay district
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Enactment of special provisions in overlay district
Ex. # of feet from stream, historic district |
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Transfer of Development rights
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transfer rights to build from one parcel top another
sending and receiving districts market determines value of development rights |
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Capital Improvement Planning
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6 years program, updated annually
What investments do we want in our community? not an operating expense project improvement time frame funding source |
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Revenue Sources
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Property Tax
Income Tax Special assessment user charges shared revenue grants |
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Impact fees
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regulations, one time fee based on added burdens that your proposal will create
no impact fees in NY > mitigation fees |