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AICP Landmark Laws
From http://planningpa.org/career_aicp_pdc_study.pdf
96
Real Estate & Planning
Professional
05/09/2011

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Term
Ordinance of 1785
Definition
Provided for the rectangular land survey of the Old Northwest. The rectangular survey has been called "the largest single act of national planning in our history and ... the most significant in terms of continuing impact on the body politic" (Daniel Elazar). (1785)
Term
Homestead Act
Definition
Opened the lands of the Public Domain to settlers for a nominal fee and five years residence. (1862)
Term
Morrill Act
Definition
Congress authorizes land grants from the Public Domain to the states. Proceeds from the sale were to be used to found colleges offering instruction in agriculture, engineering, and other practical arts. (1862)
Term
Report on the Lands of the Arid Region of the United States
Definition
By John Wesley Powell. Includes a proposed regional plan that would both foster settlement of the arid west and conserve scarce water resources. (1878)
Term
Mugler v. Kansas
Definition
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: to protect the health, safety, welfare, and morals of the community. (1887)
Term
General Land Law Revision Act
Definition
Gave President power to create forest preserves by proclamation. (1891)
Term
United States v. Gettysburg Electric Railway Co.
Definition
The first significant legal caseconcerning historic preservation. The U.S. Supreme Court rules that the acquisition of the national battlefield at Gettysburg served a valid public purpose. (1896)
Term
Forest Management Act
Definition
Authorized some control by the Secretary of the Interior over the use and occupancy of the forest preserves. (1897)
Term
New York State Tenement House Law
Definition
The legislative basis for the revision of citycodes that outlawed tenements such as the "Dumbbell Tenement." Lawrence Veiller was the leading reformer. (1901)
Term
U.S. Reclamation Act
Definition
Created fund from sale of public land in the arid states to supply water there through the construction of water storage and irrigation works. (1902)
Term
Public Lands Commission
Definition
President Theodore Roosevelt appoints to propose rules for orderly land development and management. (1903)
Term
Antiquities Act of 1906
Definition
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." (1906)
Term
Inland Waterway Commission
Definition
President Roosevelt establishes to encourage multipurpose planning in waterway development: navigation, power, irrigation, flood control, water supply. (1907)
Term
Welch v. Swasey
Definition
The US Supreme Court upholds municipal regulation of building heights. This validated the use of construction standards to uphold public safety. (1909)
Term
Hadacheck v. Sebastian
Definition
US Supreme Court upheld a municipal regulation that governed the placement of land uses. Defendant charged with violating ordinance that prohibited brick making in the City of Los Angles. Court ruled in favor of City (Sebastian); this regulation was a proper use of police power, area was primarily residential. (1915)
Term
Nation's first comprehensive zoning resolution adopted
Definition
By New York City Board of Estimates under the leadership of George McAneny and Edward Bassett, known as the "Father of Zoning." (1916)
Term
National Park Service
Definition
Established with sole responsibility for conserving and preserving resources of special value. (1916)
Term
U.S. Housing Corporation and Emergency Fleet Corporation established.
Definition
Influenced later endeavors in public housing. Operated at major shipping centers to provide housing for World War I workers. (1918)
Term
Pennsylvania Coal Co. v. Mahon
Definition
The first decision to hold that a land use restriction constituted a taking. The U.S. Supreme Court (Justice Brandeis dissenting) noted property may be regulated to a certain extent, [but] if regulation goes too far it will be recognized as a taking, thus acknowledging the principle of a "regulatory taking." A statute forbidding coal mining under private dwellings or streets in areas where the right to mine is reserved is unconstitutional, as a taking of property without due process. If a regulation goes too far it will be recognized as a taking and compensation must be paid. (1922)
Term
Standard State Zoning Enabling Act
Definition
U.S. Department of Commerce under Secretary Herbert Hoover issues. (1924)
Term
Village of Euclid v. Ambler Realty
Definition
Constitutionality of zoning upheld by the U.S. Supreme Court. (Case argued by Alfred Bettman.) Court ruled that zoning ordinance was not an unreasonable extension of the village’s police power. Also ruled that speculation was not a valid basis for a claim of takings since Ambler offered no evidence that ordinance affected property values. (1926)
Term
Standard City Planning Enabling Act
Definition
U.S. Department of Commerce under Secretary Herbert Hoover issues. (1928)
Term
Nectow v. City of Cambridge
Definition
US Supreme Court struck down as unconstitutional a local zoning ordinance that was not reasonably tied to a valid public purpose under the police power. (1928)
Term
First instance of rural zoning
Definition
Wisconsin authorized county boards "to regulate, restrict and determine the areas within which agriculture, forestry and recreation may be conducted." (1929)
Term
Bove v. Donner-Hanna Coke Corp
Definition
The court ruled that an owner cannot make use of his property if it creates a material annoyance to his neighbor or if his neighbor’s property or life is materially lessened by the use. Deals with private nuisance. Although Bove’s building existed before the Coke Corp., annoyances provided by the Coke Corp. are usual business activities and are reasonable. They are within legal pollution standards – no basis for nuisance. (1932)
Term
New Deal
Definition
It begins with a spate of counter-depression measures. (1933)
Term
Federal Emergency Relief Administration
Definition
Set up under Harry Hopkins to organize relief work in urban and rural areas. (1933)
Term
Tennessee Valley Authority
Definition
Created to provide for unified and multipurpose rehabilitation and redevelopment of the Tennessee Valley, America's most famous experiment in river-basin planning. Senator George Norris of Nebraska fathered idea, and David Lilienthal was its most effective implementer. (1933)
Term
The Agricultural Adjustment Act
Definition
Passed to regulate agricultural trade practices, production, prices, supply areas (and therefore land use) as a recovery measure. (1933)
Term
National Housing Act
Definition
Established FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages. (1934)
Term
Taylor Grazing Act
Definition
Passed with the purpose to regulate the use of the range in the West for conservation purposes. (1934)
Term
Resettlement Administration
Definition
Established under Rexford Tugwell, Roosevelt braintruster, to carry out experiments in land reform and population resettlement. This agency built the three Greenbelt towns (Greenbelt, Maryland; Greendale, Wisconsin; Greenhills, Ohio) forerunners of present day New Towns: Columbia, Maryland; Reston, Virginia; etc.) (1935)
Term
Soil Conservation Act
Definition
Congress moves to make prevention of soil erosion a national responsibility. (1935)
Term
The Historic Sites, Buildings and Antiquities Act
Definition
A predecessor of the National Historic Preservation Act, passed. 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. (1935)
Term
Social Security Act
Definition
Passed to create a safety net for elderly. Frances Perkins, Secretary of Labor and first woman cabinet member, was a principal promoter. (1935)
Term
U.S. Housing Act (Wagner-Steagall)
Definition
Set the stage for future government aid by appropriating $500 million in loans for low-cost housing. Tied slum clearance to public housing. (1937)
Term
Farm Security Administration
Definition
Established as a successor to the Resettlement Administration and administrator of many programs to aid the rural poor. (1937)
Term
Serviceman's Readjustment Act ("G.I. Bill")
Definition
Guaranteed loans for homes to veterans under favorable terms, thereby accelerating the growth of suburbs. (1944)
Term
Housing and Home Financing Agency (predecessor of HUD)
Definition
Created to coordinate federal government's various housing programs. (1947)
Term
Housing Act (Wagner-Ellender-Taft Bill)
Definition
First U.S. comprehensive housing legislation. Aimed to construct about 800,000 units. Inaugurated urban redevelopment program. (1949)
Term
Berman v. Parker
Definition
U.S. Supreme Court upholds right of Washington, D.C. Redevelopment Land Agency to condemn properties that are unsightly, though nondeteriorated, if required to achieve objectives of duly established area redevelopment plan. Established aesthetics and redevelopment as valid public purposes for exercising the power of eminent domain. (1954)
Term
Brown v. Board of Education (Topeka, Kansas)
Definition
Supreme Court upholds school integration. (1954)
Term
Housing Act of 1954
Definition
Stressed slum prevention and urban renewal rather than slum clearance and urban redevelopment as in the 1949 act. Also stimulated general planning for cities under 25,000 population by providing funds under Section 701 of the act. "701 funding" later extended by legislative amendments to foster statewide, interstate, and substate regional planning. (1954)
Term
Federal Aid Highway Act
Definition
Congress passes multibillion dollar law to create interstate highway system linking all state capitals and most cities of 50,000 population or more. (1956)
Term
The Advisory Commission on Intergovernmental Relations (ACIR)
Definition
Congress establishes with members from various branches of government. Serves primarily as a research agency and think tank in area of intergovernmental relations. (1959)
Term
First state to institute statewide zoning
Definition
Hawaii (1961)
Term
Civil Rights Act
Definition
Outlaws discrimination based on race, creed, and national origin in places of public accommodation. (1964)
Term
Water Resources Management Act
Definition
Congress passes authorizing Federal-Multistate river basin commissions. (1965)
Term
The Public Work and Economic Development Act
Definition
Passes Congress. This act establishes the Economic Development Administration to extend coordinated, multifaceted aid to lagging regions and foster their redevelopment (1965)
Term
The Appalachian Regional Planning Act
Definition
Establishes 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. (1965)
Term
The Demonstration Cities and Metropolitan Development Act
Definition
Launched the "model cities" program, an interdisciplinary attack on urban blight and poverty. A centerpiece of President Lyndon Johnson's "Great Society" program. (1966)
Term
National Historic Preservation Act
Definition
Establishes the National Register of Historic Places and provides, through its Section 106, for the protection of preservation-worthy sites and properties threatened by federal activities. This act also creates the national Advisory Council on Historic Preservation and directs that each state appoint a State Historic Preservation Officer (SHPO). (1966)
Term
Section 4(f) of the Department of Transportation Act
Definition
Provides protection to parkland, wildlife refuges, and other preservation-worthy resources in building national roads. Unlike parkland and wildlife refuges, however, privately owned historic sites as well as those in public ownership are protected by Section 4(f). (1966)
Term
Intergovernmental Relations Act of 1968
Definition
To implement, the Office of Management and Budget issues Circular A-95 requiring state and substate regional clearinghouses to review and comment on federally assisted projects to facilitate coordination among the three levels of government. (1968)
Term
Jones v. Mayer
Definition
The 8th Circuit rules that racial barriers cannot affect the acquisition of property. (1968)
Term
National Environmental Policy Act
Definition
Requires an "environmental impact statement" for every federal or federally aided state or local major cation that might significantly harm the environment. (1969)
Term
Federal Environment Protection Agency
Definition
Established to administer main provisions of the Clean Air Act (1970). (1970)
Term
James v. Valtierra
Definition
US Supreme Court upheld an amendment to the California Constitution mandating a referendum on all housing projects because an intent to racially discriminate could not be found. (1971)
Term
Calvert Cliffs Coordinating Committee v. US Atomic Energy Commission
Definition
The US Supreme Court found that an approval for a nuclear power plant was not properly granted because the requirements of the National Environmental Protection Act were not followed. This decision solidified the place of NEPA in the development arena. Made National Environmental Protection Act (NEPA) requirements judicially enforceable. (1971)
Term
Coastal Zone Management Act
Definition
1972 adopted. (1972)
Term
General revenue sharing inaugurated
Definition
Under the U.S. State and Local Fiscal Assistance Act. (1972)
Term
Golden v. Planning Board of Ramapo, New York
Definition
High court allows the use of performance criteria as a means of slowing community growth. (1972)
Term
Endangered Species Act
Definition
Authorized Federal assistance to state and local jurisdictions to establish conservation programs for endangers plant and animal species. (1973)
Term
Fasano v. Board of County Commissioners of Washington County
Definition
The Oregon Supreme Court rules that all zoning and rezoning must be consistent with applicable comprehensive plans. Required zoning to be consistent with comprehensive plans and recognized that rezonings may be quasi-judicial as well as legislative. Because rezoning to permit a large mobile home PUD determined the rights of only a few landowners, the action was adjudicatory rather than legislative in character and the presumption of validity normally afforded local legislative acts did not apply. In such cases, the burden of justifying the rezoning falls on the party seeking the change, who must show that the change will be in accordance with the comprehensive plan. (1973)
Term
Housing and Community Development Act
Definition
Replaces the categorical grant with the block grant as the principal form of federal aid for local community development. (1974)
Term
Village of Belle Terre v. Boraas
Definition
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. Ordinance regulating definition of family and number of family members. This is a legitimate goal of zoning. (1974)
Term
Sonoma v. Petaluma
Definition
The US 4th Circuit finds that quotas on the annual number of building permits issued was a constitutional use of the police power in this case. (1975)
Term
Cleveland Policy Plan Report
Definition
Shifts emphasis from traditional land-use planning to advocacy planning. (1975)
Term
Southern Burlington County NAACP v. Township of Mt. Laurel
Definition
The New Jersey Supreme Court rules that the local zoning ordinance was unconstitutional where it conflicted with state defined fair housing practices. Court held that the zoning ordinance, which effectively deprived adequate housing for the poor and discriminated against them, was unconstitutional and invalid (1975)
Term
Associated Home Builders of Greater East Bay v. City of Livermore
Definition
The California Supreme Court found that temporary moratoria on building permit issuance was constitutional. (1976)
Term
Historic Preservation Fund
Definition
1976 established. (1976)
Term
Village of Arlington Heights v. Metropolitan Housing Development Corp.
Definition
In another equal protection case, the US Supreme Court finds that a regulation effectively denying housing to people based on race, immigration status, or national origin was unconstitutional. Further 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. (1977)
Term
Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978)
Definition
U.S. Supreme Court upholds New York City's Landmark Preservation Law as applied to Grand Central Terminal. In this landmark decision, the 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. (1978)
Term
Central Hudson v. Public Service Commission
Definition
The US Supreme Court finds that 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) is as narrowly defined as possible, and 4) is a reasonable time, place, and manner restriction. (1980)
Term
Superfund Bill passed by Congress (Comprehensive Response, Compensation and Liability Act)
Definition
Creates 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. (1980)
Term
Agins v. City of Tiburon
Definition
Makes 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. (1980)
Term
Metromedia v. City of San Diego
Definition
US Supreme Court holds that neither commercial nor non-commercial speech can be favored over the other. The ordinance was overturned because it effectively banned non-commercial signs. (1981)
Term
Loretto v. Teleprompter Manhattan CATV Corp.
Definition
The US Supreme Court confirms that a physical invasion of a property is a taking. (1982)
Term
Southern Burlington County NAACP v. Township of Mt. Laurel II (NJ Supreme Court)
Definition
All 567 municipalities in the state must build their "fair share" of affordable housing. A precedent-setting blow against racial segregation. (1983)
Term
Members of City Council v. Taxpayers for Vincent
Definition
US Supreme Court upheld a regulation that prohibited the attaching of signs to utility poles. The Court found that the regulation met all the tests mentioned under Central Hudson, above (1980). (1984)
Term
City of Cleburne v. Cleburne Living Center
Definition
The US Supreme Court ruled that an ordinance that does treat 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.) (1985)
Term
City of Renton v. Playtime Theaters, Inc.
Definition
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. (1986)
Term
First English Evangelical Lutheran Church v. County of Los Angeles
Definition
U.S. Supreme Court finds that even a temporary taking requires compensation. In Nollan v. California Coastal Commission, it finds that land-use restrictions, to be valid, must be tied directly to a specific public purpose. (1987)
Term
Cohen v. Des Planes
Definition
Court ruled that zoning cannot be used to 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. (1990)
Term
Oregon v. Smith
Definition
Court ruled that zoning that is neutral on its face was permissible so long as it doesn’t hinder the religion itself. This particular case upheld a ban on the use of peyote in Native American religious services. (1990)
Term
Passage of Intermodal Surface Transportation Efficiency Act (ISTEA)
Definition
Includes provisions for a National Scenic Byways Program and for transportation enhancements, each of which includes a historic preservation component. (1991)
Term
Lucas v. South Carolina Coastal Council
Definition
U.S. Supreme Court limits local and state governments' ability to restrict private property without compensation. (1992)
Term
Enterprise Zone/Empowerment Community (EZ/EC)
Definition
Aims tax incentives, 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. (1993)
Term
Dolan v. City of Tigard
Definition
The U.S. Supreme Court rules 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. (1994)
Term
North American Free Trade Agreement (NAFTA)
Definition
U.S., Canada and Mexico agreement begins on January 1, its purpose to foster trade and investment among the three nations by removing or lowering non-tariff as well as tariff barriers. (1994)
Term
Telecommunications Act
Definition
Realigns the telecommunications industry by allowing competition. It also impact 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. (1996)
Term
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
Definition
The US Supreme Court rules 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. (2002)
Term
Kelo v. City of New London
Definition
The US Supreme Court upholds 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. (2005)
Term
San Remo Hotel v. San Francisco
Definition
The US Supreme Court ruled that a takings dispute resolved at the state level cannot be relitigated at the federal level. (2005)
Term
Lingle v. Chevron
Definition
The US Supreme Court overturns the troublesome “substantial advancement” test established in Agins (1980, above) in its decision in this case. (2005)
Term
Rancho Palos Verdes v. Abrams
Definition
The US Supreme Court rules that zoning review under the Telecommunications Act does not include monetary damages or a lengthy review period. (2005)
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