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| eminent domain vs. police power |
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| 1877 A landmark decision that paved the way for future governmental intervention in private development |
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| 1887 THE case establishing the distinction between ED and PP. Outlawing use for purposes that were injurious to community could not constitute a taking |
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| 1879 legalized railroad flats and banned anything worse |
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| Hartford Commision on a City Plan |
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| 1907 The first, official, local, and permanent town planning board in the US |
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| LA passes a zoning ordinence |
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| Eubank v. city of Richmond |
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| 1912 setback legislation declared OK |
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| NYC passes first comprehensive zoning code |
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| Cincinnati passes the first officially adopted comprehensive plan |
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| 1925 forming a legal connection between planning and zoning |
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| 1922 regulation that "goes too far" requires compensation |
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| Village of Euclid v. Ambler Realty Co |
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1926 Supreme court upheld the right of suburb to adopt a comprehensive zoning ordinance
limited Ambler's land to low density residential instead of industrial
police power |
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1978 penn central want to build tower on top of historically protected grand central station
city says no
penn central say compensate or let build
city say no
supreme court said grand central station = nothing on top |
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1978
3 part formula used 2 determine when a taking has occurred
taking cases require two tests: 1. court look @ effect of regulation on entire property not just segments 2. owner must b denied any reasonable use
Part 2: a) character of gov action b) actual econ impact on landowner c) existence of reasonable investment-backed expectations |
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| 1980 small town passes ordinance to protect open space. this limits agins to 5 lots on their 5 acres. the court suggest this legit use of municipal authority. owners not deprives of all econ value, no taking, no compensation. (confusing b/c did not use 3 step test). |
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| Keystone Bituminous Coal Assoc. v. DeBenedictus |
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Definition
| 1986 found that a law protecting property owners from surface subsidence by requiring retention of roof pillars did not deprive coal miners of all econ. viable use of property. (failed 2nd test) Also stressed the importance of having a legitimate gov. purpose |
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Term
| First Eng. Evangelical Lutheran Church of Glendale v. County of Los Angeles |
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Definition
| 1987 After flood and fires destroy campgrounds and buildings on property, county passed temp. moratoruim on construction in envi. sensitive ares. Owner sought damages. Courts devised "temporary taking." Gave landowners new leverage in disputes with zoning boards. |
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1987
Permit condition must relate to harm to be avoided.
Nolan wanted to tears down a beach bungalow and rebuild it. The Cali. Coastal Commission attempted to require an easement across the property before permitting the rebuild. SC ruled that this not sufficient gov. purpose nor did it have sufficient NEXUS (link or connection) |
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| Lucas v. South Carolina Coastal |
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Definition
| 1992 court actually rulled that the gov. purpose was sufficient but that it deprived the property owner of ALL value of land. Thus = taking unless it was a nuisance by law principle. |
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| Dolan v. Trigard - More Nexus |
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Definition
1994 A developer wanted to remove and replace a plumbing and electric supply store. In order to allow the expansion, the city asked for an easement for bike lanes citing added runoff nad need for green space. SC said...no free ride.
Apply nexus test and ask what connection b/w upgrade store and green space?
SC said nexus was key b/w taking and reasonable limit of use. |
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| Political Power v. Eminent Domain |
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Definition
| when gov. overstep regulatory limits = need to compensate |
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Definition
2005 an integrated development plan to revitalize an ailing econ. required the condemnation of private homes.
Development to b undertaken by a private developer (but owned by city) and would profit private interests.
The court held that "the city's proposed disposition of this property aqualifies as a 'piblic use' within the meaning of the takings clause of the fith amendment"
significant fallout; towns (and developers) feel emboldened by the support of the SC; individuals feel threatened; election issue? |
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| 4 traditional tools of municipal planning process |
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Definition
| 1. master plan 2, zoning 3. subdivision regulations 3. capital improvements |
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| master plan of municipality and county |
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Definition
| must b prepared and adopted 2 meet statewide standards |
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| Mater plans = reviewed and updated every... |
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| Zoning and low- / moderate-income housing |
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| each municipality must show that it has provided for its "fair share" of the satisfaction of regional low- and moderate-income housing |
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Munn. v. Illinois (1877)
Mugler v. Kansas (1887)
Eubank v. City of Richmond (1912) |
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| NYC passes 1st comprehensive zoning code / Cincinnati passes 1st officially adopted comprehensive plan |
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| Lucas v. South Carolina Coastal |
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Concept of Land and Ownership
Bundle of rights --- Ownership very complicated
Interests: Ownership, zoning, right of way & easements, political jurisdictions, taxation
Nature and extent: 1. possession 2. control 3. enjoyment 4. disposition |
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Term
| Publim Lim. & control on Ownership |
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Definition
| Common Law restrictions; law of nuisance; police power; regulate the use of land through zoning and subdivision ordinances; create local building codes or standards; seek to lim. pollution X envi. controls license professionals operation the real estate industry |
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| Public Lim. & controls on Ownership |
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| Eminent Domain; Condemnation; Property tax |
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| encourages homogeneous land uses |
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| Deed Restrictions and Covenants |
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| lim. on ownership of land; lim. of prop. rigths; previously negotiated |
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Term
| Innovative Alternative (Plan Design and Implementation) |
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| Performance zoning; not as concerned with land use as performance standards; criteria that are est. and must b met b4 a certain use will b permitted. Criteria (standards) may b set of econ., envi., or soc. factors or any combo. |
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| Admin (Plan & Design Implementation) |
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| Planning Commissions, Boards, Staffs; Budget; Envi. Impact Assessments; Envi. Impact Statements. |
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