Aicp 16 - Law

Front 1

Ordinance of 1875

Back 1

Provided for the rectangular land survey of the Old Northwest. Daniel Elazar (professor) said this was the largest single act of national planning in our history.

Front 2

Homestead Act

Back 2

Opened lands of public domain to settlers for a fee and five years residence. 1862.

Front 3

Morrill Act

Back 3

Congress authorizes land grants from public domain to states. Proceeds were to be used to found colleges. 1862.

Front 4

Mugler v. Kansas

Back 4

SC rules that courts have duty to strike down local laws that do not have real or substantial relation to the police power - health, safety, welfare, and morals of the community. 1887.

Front 5

General Land Law Revision Act

Back 5

Gave president power to create forest preserves by proclamation. 1891.

Front 6

U.S. v. Gettysburg Electric Railway Co.

Back 6

First significant legal case concerning historic preservation. Supreme Court ruled that acquisition of battlefield serves valid public purpose. 1896.

Front 7

Forest Management Act

Back 7

Authorized some control by Secretary of Interior over use and occupancy of forest preserves. 1897.

Front 8

New York State Tenement House Law

Back 8

Legislative basis for the revision of city codes that outlawed tenements such as the Dumbbell. Lawrence Veiller was the leading reformer. 1901.

Front 9

U.S. Reclamation Act

Back 9

Created fund from sale of public land in arid states to support water storage and irrigation works. 1902.

Front 10

Public Lands Commission

Back 10

Established by Teddy Roosevelt to propose rules for orderly land development and management. 1903.

Front 11

Antiquities Act of 1906

Back 11

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.

Front 12

Inland Waterway Commission

Back 12

Established by Teddy Roosevelt to encourage multipurpose planning in waterway development: navigation, power, irrigation, flood control, water supply. 1907.

Front 13

Welch v. Swasey

Back 13

Supreme Court upholds municipal regulation of building heights. This validated use of construction standards to uphold public safety. 1909.

Front 14

Hadacheck v. Sebastian

Back 14

U.S. Supreme Court upheld a municipal regulation that governed the placement of land uses. 1915.

Front 15

First comprehensive zoning resolution

Back 15

New York City under leadership of George McAneny and Edward Bassett, known as "father of zoning." 1916.

Front 16

First comprehensive zoning resolution

Back 16

New York City under leadership of George McAneny and Edward Bassett, known as "father of zoning." 1916.

Front 17

National Park Service

Back 17

Established in 1916 with sole responsibility for conserving and preserve resources of special value.

Front 18

U.S. Housing Corporation and Emergency Fleet Corporation

Back 18

Influenced later endeavors in public housing and operated at major shopping centers to provide housing for WWI workers. 1918.

Front 19

Pennsylvania Coal v. Mahon

Back 19

A land use restricted constituted a taking - established principle of "regulatory taking." Justice Brandeis with the dissent. 1922z

Front 20

Standard State Zoning Enabling Act

Back 20

Issued by US Dept of Commerce under Secretary Hoover in 1924z

Front 21

Village of Euclid v. Ambler Realty

Back 21

Constitutionality of zoning upheld by Supreme Court. Case argued by Alfred Bettman. 1926.

Front 22

Standard City Planning Enabling Act

Back 22

Issued by U.S. Department of Commerce under Secretary Hoover. 1928.

Front 23

Nectow v. City of Cambridge

Back 23

Supreme Court strikes down as unconstitutional a local zoning ordinance because it was not reasonably tied to a valid public purpose under the police power.1928.

Front 24

First instance of rural zoning

Back 24

Wisconsin law that authorized county boards to regulate, restrict, and determine the areas within which agriculture, forestry, and recreation may be conducted. 1929.

Front 25

Bove v. Donner-Hanna Coke Corp

Back 25

Nuisances - court ruled that an owner can't make use of his property if it creates material annoyance to his neighbor or if his neighbor's property or life is materially lessened by the use. 1932.

Front 26

Federal Emergency Relief Administration

Back 26

Set up under Harry Hopkins to organize relief work in urban and rural areas. 1933.

Front 27

Tennessee Valley Authority

Back 27

Created for unified and multipurpose redevelopment of Tennessee valley. America's most famous experiment in river basin planning. George Norris of Nebraska fathered idea and David Lilienthal was its most effective implementer. 1933.

Front 28

Tennessee Valley Authority

Back 28

Created for unified and multipurpose redevelopment of Tennessee valley. America's most famous experiment in river basin planning. George Norris of Nebraska fathered idea and David Lilienthal was its most effective implementer. 1933.

Front 29

National Housing Act

Back 29

Established FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages. 1934.

Front 30

Tennessee Valley Authority

Back 30

Created for unified and multipurpose redevelopment of Tennessee valley. America's most famous experiment in river basin planning. George Norris of Nebraska fathered idea and David Lilienthal was its most effective implementer. 1933.

Front 31

National Housing Act

Back 31

Established FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages. 1934.

Front 32

Taylor Grazing Act

Back 32

To regulate the use of the range in the West for conservation purposes. 1934.

Front 33

Resettlement Administration

Back 33

Established under Rexford Tugwell (Roosevelt) for land reform and resettlement experiments. Built 3 green belt towns (Greenbelt MD, Greenhills OH, Greendale WI). 1935

Front 34

Federal Aid Highway Act

Back 34

Passed by Congress in 1956 to create interstate highway system linking all capitals and most cities of 50k or more.

Front 35

Berman v Parker

Back 35

Supreme Court upholds right of DC Redevelopment Land Agency to condemn unsightly properties (though non-deteriorated) if required to achieve objectives of established area redevelopment plan. 1954.

Front 36

Advisory Commission on Intergovernmental Relations (ACIR)

Back 36

Members from various branches of government. Serves as research agency and think tank in area of intergovernmental relations. 1959.

Front 37

Hawaii

Back 37

First state to institute statewide zoning. 1961.

Front 38

HUD

Back 38

Achieved cabinet status in 1965. Robert Weaver is first secretary and first black cabinet member.

Front 39

Water Resources Management Act

Back 39

Authorized federal-multistate river basin commissions. 1965.

Front 40

Public Works and Economic Development Act

Back 40

Established EDA to aid lagging regions. 1965.

Front 41

Appalachian Regional Planning Act

Back 41

Established region comprising all of WV and parts of 12 other states plus planning commission with power to allocate resources. 1965.

Front 42

Demonstration Cities and Metropolitan Development Act

Back 42

Launched model cities program attacking urban blight and poverty. Under Johnson's Great Society program. 1966.

Front 43

National Historic Preservation Act

Back 43

Establishes National Register of Historic Places. Section 106 and establishment of SHPO. 1966.

Front 44

Soil Conservation Act

Back 44

Congress makes soil erosion prevention a national priority. 1935.

Front 45

Section 4(f) - DoT Act

Back 45

Protects parkland, wildlife refuges, and both privately and publicly owned historic sites in building national roads. 1966.

Front 46

Intergovernmental Relations Act of 1968

Back 46

Circular A-95 issued to require state and substate regional clearinghouses to review and comment on federally assisted projects to facilitate coordination among three levels of government.

Front 47

NEPA

Back 47

National Environmental Policy Act requires environmental impact statements for every federal or federally-aided state or local action that might significantly harm the environment. 1969.

Front 48

Jones v. Mayer

Back 48

8th Circuit ruled that racial barriers cannot affect acquisition of property. 1968.

Front 49

Clean Air Act

Back 49

Established EPA to administer its main provisions. 1970.

Front 50

James v. Valtierra

Back 50

Supreme Court upholds amendment to constitution requiring referendums for housing projects because intent to racially discriminate cannot be found. 1971.

Front 51

Calvert Cliffs Coordinating Commission v. US Atomic Energy Commission

Back 51

Approval for nuclear power plant not properly granted because NEPA was not followed. Solidified role of NEPA in development. 1971.

Front 52

Coastal Zone Management Act

Back 52

1972

Front 53

Golden v. Planning Board of Ramapo

Back 53

NY high court allows use of performance criteria to slow community growth. 1972.

Front 54

US State and Local Fiscal Assistance Act

Back 54

General revenue sharing inaugurated. 1972.

Front 55

Historic Sites, Buildings, and Antiquities Act

Back 55

Predecessor of NHPA. Required sec of interior to identify, acquire and restore historic sites and federal agencies to consider preservation needs in programs and plans. 1935.

Front 56

Endangered Species Act

Back 56

Authorized federal assistance to state and local jurisdictions to establish conservation programs for endangered plant and animal species. 1973.

Front 57

Fasano v. Washington County (OR)

Back 57

Oregon Supreme Court rules all zoning and rezoning must be consistent with applicable comprehensive plans. 1973.

Front 58

Housing and Community Development Act

Back 58

Replaces categorical grant with CDBG as principal federal aid for local community development. 1974.

Front 59

Village of Belle Terre v. Boraas

Back 59

Supreme Court rules that limiting residents of housing units to relatives is legitimate use of police power. Eliminates many civil rights challenges to local regulations. 1974.

Front 60

Cleveland Policy Plan Report

Back 60

Shift from traditional land use planning to advocacy planning. 1975.

Front 61

Sonoma v. Petaluma

Back 61

4th Circuit rules that quotas on annual number of building permits issued was constitutional use of police power. 1975.

Front 62

NAACP v. Mount Laurel

Back 62

NJ Supreme Court rules local zoning ordinance unconstitutional because it conflicts with state fair housing practices. 1975.

Front 63

Historic Preservation Fund

Back 63

?? Established in 1976

Front 64

City of Eastlake v. Forest City Enterprises

Back 64

Subjecting rezoning to referendum is constitutional because no intent to discriminate could be found. 1976.

Front 65

Young v. American Mini Theaters

Back 65

Mandating decentralization of sexually oriented businesses constitutional based on studies showing clustering is detrimental to society. 1976.

Front 66

Social Security Act

Back 66

1935. Frances Perkins (labor secretary) principal promoter.

Front 67

Associated Home Builders of Greater East Bay v. City of Livermore

Back 67

Cal. Supreme Court finds that temporary moratoria on building permit issuance is constitutional. 1976.

Front 68

Village of Arlington Heights v. Metropolitan Housing Development Court

Back 68

Cannot deny housing based on race, immigration status, or national origin. Denying housing to people based on gender or illegitimacy must "substantially advance" state interest and not be passed or enforced with intent to discriminate. 1977.

Front 69

Superfund Bill/Comprehensive Response, Compensation, and Liability Act

Back 69

Creates liability for persons discharging hazardous waste. Taxes polluting industries to create trust fund for cleanup in cases where responsibility cannot be determined. 1980.

Front 70

Penn Central v. NYC

Back 70

Supreme Court upholds NYC Landmark Preservation Law as applicable to Grand Central Terminal. Barring development of air rights was not a taking because interior of property could be put to lucrative use. 1978.

Front 71

Central Hudson v. Public Service Commission

Back 71

For a regulation involving first amendment rights to survive, it must 1)advance a compelling state interest 2) allow a reasonable alternative means of communication 3) be as narrowly defined as possible and 4) be a reasonable time, place, and manner restriction.

1980.

Front 72

Agins v. City of Tiburon

Back 72

Makes clear that a regulation that is not reasonably related to the police power and causes property to lose all economic value constitutes a taking. 1980.

Front 73

Metromedia v. City of San Diego

Back 73

Supreme Court holds that neither commercial nor non-commercial speech can be favored over one another. Ordinance was overturned because it effectively banned non-commercial signs. 1981.

Front 74

Loretto v. TelePrompTer Manhattan CATV Corp

Back 74

A physical invasion of property is a taking. 1982.

Front 75

Mount Laurel 2

Back 75

NJ Supreme Court rules that all municipalities must build their fair share of affordable housing. 1983.

Front 76

Members of City Council v. Taxpayers for Vincent

Back 76

Upholds regulation prohibiting attaching signs to utility poles. Regulation met all tests mentioned under Central Hudson. 1984.

Front 77

US Housing Act ( Wagner-Steagall)

Back 77

Appropriated $500mn in loans for low cost housing. Tied slum clearance to public housing and set stage for future government aid. 1937.

Front 78

City of Cleburne v. Cleburne Living Center

Back 78

An ordinance can treat different groups unequally (that does not involve fundamental right or race, national origin, immigrant status) as long as it passes rational basis test. This ordinance failed that test. 1985.

Front 79

City of Renton v. Playtime Theaters

Back 79

Supreme Court allows zoning ordinance limiting SOBs to 5% of land area based on study conducted on negative effects of business type on surrounding areas. 1986.

Front 80

First English Evangelical v. County of LA

Back 80

Supreme Court finds that a temporary taking requires compensation. 1987.

Front 81

Nollan v. California Coastal Commission

Back 81

Land use restrictions must be tied directly to a specific public purpose to be valid. 1987.

Front 82

Farm Security Administration

Back 82

Successor to resettlement administration and administrator of programs to aid rural poor. 1937.

Front 83

GI Bill (Serviceman's Readjustment Act)

Back 83

Guaranteed loans for homes to veterans. Accelerated growth of suburbs. 1944.

Front 84

Housing and Home Financing Agency

Back 84

HUD predecessor. Coordinate federal housing programs. 1947.

Front 85

Housing Act (1949 - Wagner-Ellender-Taft)

Back 85

First comprehensive housing legislation in US. Aimed to construct 800k units. Inaugurated urban redevelopment. 1949.

Front 86

Housing Act of 1954

Back 86

Stressed slum prevention and urban renewal vs slum clearance and urban redevelopment. Also provided section 701 funds for cities under 25k population. This funding was later extended for statewide, interstate and substate regional planning.

Front 87

Cohen v. Des Planes

Back 87

Supreme Court rules zoning cannot be used to give religious institutions advantages over other commercial ventures - no day care in residential zone when nobody else was allowed.

Front 88

Cohen v. Des Planes

Back 88

Supreme Court rules zoning cannot be used to give religious institutions advantages over other commercial ventures - no day care in residential zone when nobody else was allowed.

1990.

Front 89

Oregon v. Smith

Back 89

Zoning that is neutral on its face is permissible as long as it doesn't hinder religion itself - upheld ban on use of peyote in Native American religious services. 1990.

Front 90

Intermodal Surface Transportation Efficiency Act

Back 90

Includes provisions for a national scenic byways program and for transportation enhancements, each of which includes historic preservation component. 1991.

Front 91

Lucas v South Carolina Coastal Council

Back 91

Back (Definition)

Front 92

Lucas v South Carolina Coastal Council

Back 92

Back (Definition)

Front 93

Enterprise Zone/Empowerment Community (EZ/EC)

Back 93

Signed into law in 1993. Aims tax incentives, wage tax credits, special deductions, low-interest financing to a limited number of impoverished urban and rural communities to jumpstart their economic and social recovery.

Front 94

Dolan v. City of Tigard

Back 94

U.S. Supreme Court rules that jurisdiction must show that there is a rough proportionality between adverse impacts of a proposed development and the exactions it wishes to impose on the developer. 1994.

Front 95

North American Free Trade Agreement

Back 95

Foster trade and investment among us Canada and Mexico by removing or lowering non tariff as well as tariff barriers. 1994.

Front 96

Telecommunications Act

Back 96

Allows competition in industry and requires towers to be permitted wherever gap in coverage is found. Prohibits local consideration of health effects in permitting decisions. 1996.

Front 97

Borgmann v. Board of Supervisors

Back 97

Iowa Supreme Court struck down right to farm legislation on grounds that 1) it was unequal application of law and 2) indirect de facto taking of abutting non-farm properties. 1998.

Front 98

Sierra v. Tahoe

Back 98

Supreme Court rules that temporary building moratorium is valid use of police power and not a taking when used for conducting planning studies to protect public health, safety, welfare, and morals. 2002.

Front 99

Kelo v. New Haven

Back 99

Practice of using eminent domain and urban redevelopment for economic development purposes when actions are backed by a redevelopment plan that went through proper planning process. 2005.

Front 100

San Remo Hotel v. San Francisco

Back 100

Takings disputed resolved at state level cannot be re-litigated at the federal level. 2005.

Front 101

Lingle v. Chevron

Back 101

Supreme Court overturns substantial advancement test that was established in Agins (1980). 2005.

Front 102

Rancho Palos Verdes v. Abrams

Back 102

Supreme Court rules that zoning review under Telecommunications Act does not include monetary damages or a lengthy review period. 2005.