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| 1922 Takings Rule written by Justice Holmes
Pennsylvania Coal Company v Mahon |
A land regulation was that diminished the economic viability land constitutes a taking under the Fifth Amendment |
| 1978 - Takings Ruling - Penn Central Transportation Company v. City of New York |
Found that a NYC Preservation Law was not a "taking" 1)Land use & economic viability remained and 2) Historic preservation is in the public's general welfare |
| Village of Belle Terre v. Boraas - 1974 |
Communities may restict unrelated individuals from living together in a single dwelling unit |
| Young v. American Mini Theatres - 1976 |
Zoning of adult entertainment facilities is not a violation of the 1st Amendment |
| 5th Ammendment |
Protects agains a taking without just compensation |
| Takings Definition |
A restriction of the use of privately owned land, or the actual taking of the land through eminent domain by governmental entities, without fair payment and/or without any benefit to the public. Protected against by the 5th Amendment |
| 1977 Moore v East Cleveland |
The Court found an ordnance that prevented a grandmother and a grandson from living together violated the Due Process Law of the 14th Ammendment |
| Why was East Cleveland's "non-family" definition overturned by the courts & Belle Terra's uphelp? |
E Cleveland -- The parties were RELATED though not parent/child. Belle Terra's -- The parties were UNRELATED individuals. |
| Metromedia v. San Diego - 1981 |
Sign ordinanced which allows commercial signs in places noncommercial signs are not allowed is unconstitution because 1) noncommercial speech has higher 1st Amendment protection than commercial speech and 2) regulations may not be based on message content |
| What does the POLICE POWER of Planning refer to? |
The regulation of personal property to prevent a use of the property that is detrimental to the public interest or general welfare. |
| AGINS V. TIBURON (1980) -- What is the Takings Test that resulted from this ruling? |
The AGINS test asks whether the regulation advances some legitimate government purpose and whether the property owner has any economic use left over after the regulation is applied. If the answer to either part is no, a taking may be found |
| Berman v. Parker - 1954 |
Upheld urban renewal practices, in which governments sought to revitalize urban areas by removing slums and eliminating blight - even those where government took the land from one pricate land owner & gave it to another private land owner |
| What is significant about the taking ruling in Berman v Parker - 1954 |
It changed the test for eminent domain as the Court transformed the words 'public use' to mean 'public purpose'. |
| What must every government action do to be lawful? Test against a Takings. |
All land use and zoning regulations must advance a legitimate public interest. |
| village of euclid v ambler realty -- 1926 |
The six-to-three decision in Village of Euclid v. Ambler Realty Co. legitimized zoning as a way of controlling land uses. |
| What does the term "euclidean zoning" refer to? |
The act of segragating land uses from one another in order to ensure that incompatible uses do not locate in close proximity to one another. Upheld in the 1926 Landmark Planning Law Case Village of Euclid v Ambler Realty. |
| What are the 3 tests of a Taking Case |
1) Essential Nexus 2) Rough Proportionality 3) Physical Invasion |
| What 2 conditions are necessary for special exceptions, conditional use, or special use laws to be lawful? |
1) Enactment of the law (must be rational) 2) Application of law (must be fairly applied through established criteria in ordinances) |
| What are the 2 elements of due process |
1) Procedural (the way in which a law operates) 2) Substantive (what is restictions are imposed in the law) |
| What 2 Constitutional Amendments address due process issues |
1) Fifth Amemendment & 2) 14th Amendment (Specifically addresses States) |
| What are the 2 legal tests for eminiment domain? |
A community must prove that 1) Public Purpose 2) Necessity |
| What 2 amendments deal with eminent domain |
1) 5th Amendment (taking without compensation 2) Fourteenth (comdementation without due process) |
| Explain Eminent Domain & what historical law it orginates from |
Eminent domain is the fundamental soverign power to take private property for public use that originates from the Magna Carta |
| What Landmark Case established the right to zone or redevelop land for aesthetic / master planning purposes? |
Berman v Parker 1954 |
| What are the 2 types of nuisance ordinances? What do they involved |
1) Private Nuisance (Property owners right to uses that promote enjoyment of their land) 2) Public Nuisance (Common right to health, safety, morals,and comfort) |
| What are the 3 tests for evaluating variances? |
1) Enactments (rational) 2) Application (unnecessary hardship & practical dificulties) 3) Hardship creation (self imposed or external) |
IVC Lesson 11
