General/Miscellaneous planning law questions for AICP Exam Prep
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| show | A land regulation was that diminished the economic viability land constitutes a taking under the Fifth Amendment
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| show | 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
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| show | Communities may restict unrelated individuals from living together in a single dwelling unit
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| show | Zoning of adult entertainment facilities is not a violation of the 1st Amendment
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| 5th Ammendment | show 🗑
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| show | 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
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| show | The Court found an ordnance that prevented a grandmother and a grandson from living together violated the Due Process Law of the 14th Ammendment
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| show | E Cleveland -- The parties were RELATED though not parent/child. Belle Terra's -- The parties were UNRELATED individuals.
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| Metromedia v. San Diego - 1981 | show 🗑
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| show | The regulation of personal property to prevent a use of the property that is detrimental to the public interest or general welfare.
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| AGINS V. TIBURON (1980) -- What is the Takings Test that resulted from this ruling? | show 🗑
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| show | 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
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| What is significant about the taking ruling in Berman v Parker - 1954 | show 🗑
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| show | All land use and zoning regulations must advance a legitimate public interest.
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| show | The six-to-three decision in Village of Euclid v. Ambler Realty Co. legitimized zoning as a way of controlling land uses.
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| show | 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.
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| show | 1) Essential Nexus 2) Rough Proportionality 3) Physical Invasion
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| show | 1) Enactment of the law (must be rational) 2) Application of law (must be fairly applied through established criteria in ordinances)
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| What are the 2 elements of due process | show 🗑
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| show | 1) Fifth Amemendment & 2) 14th Amendment (Specifically addresses States)
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| What are the 2 legal tests for eminiment domain? | show 🗑
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| What 2 amendments deal with eminent domain | show 🗑
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| show | Eminent domain is the fundamental soverign power to take private property for public use that originates from the Magna Carta
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| show | Berman v Parker 1954
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| What are the 2 types of nuisance ordinances? What do they involved | show 🗑
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| What are the 3 tests for evaluating variances? | show 🗑
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