Question | Answer |
Origin of Zoning | 1916. NYC passed first zoning ord to combat the following problems:
- street congestion
- close proximity of buildings = no sunlight
- use conflicts
- noise, odor, dust
- accessibility problems
- encroachment of haz nonresidential activities |
Origin of Zoning (cont). | The zoning ord was drafted by attorney Edward Bassets and rooted in the notion that land uses were incompatible. Regulated land use, building height, setbacks. Divided city into 4 zones: residential, commercial, unrestricted and undetermined. |
Regulatory Taking | Must not eliminate productivity or profit of land. Reg taking occurs when it
-removes landowner's right to possess his property or a fundamental aspect of his property.
- prevents landowner from using land in any type of economic or productive manner |
Regulatory Taking (cont). 1 | - violates the Fifth Amendment or the Fourteenth Amendment (due process clause) to the US Constitution.
If a landowner sues the gov over a land use reg, courts will determine whether or not a reg taking has occurred either by subjecting the reg to a |
Regulatory Taking (cont). 2 | series of tests (economic impact, investment impact, and character of regulation) or by examining state statues for compliance. If the gov is determined to be guilty of a reg taking, must pay just compensation. |
Eminent Domain | Right of gov to obtain private property from a landowner for a public use, as long as gov provides just compensation (fair market value). Many times land is declare condemned. |
Eminent Domain (cont). | In order to overturn a declaration of ED, a landowner must prove one of the following:
- the compensation was not just
- the proposed land use is not a public use |
Ripeness Doctrine | 1985. Williamson County Regional Planning Commission v. Hamilton Bank. Claim re: a land reg can only be submitted to judicial review after the landowner has exhausted every other possible avenue for relief, such as variance or condemnation procedures. |