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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| Village of Belle Terre v. Boraas - 1974 | show 🗑
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| Young v. American Mini Theatres - 1976 | show 🗑
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| 5th Ammendment | show 🗑
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| Takings Definition | show 🗑
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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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| show | 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
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| What does the POLICE POWER of Planning refer to? | show 🗑
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| AGINS V. TIBURON (1980) -- What is the Takings Test that resulted from this ruling? | show 🗑
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| Berman v. Parker - 1954 | show 🗑
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| What is significant about the taking ruling in Berman v Parker - 1954 | show 🗑
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| What must every government action do to be lawful? Test against a Takings. | show 🗑
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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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| What does the term "euclidean zoning" refer to? | show 🗑
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| What are the 3 tests of a Taking Case | show 🗑
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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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| What 2 Constitutional Amendments address due process issues | show 🗑
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| show | A community must prove that 1) Public Purpose 2) Necessity
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| What 2 amendments deal with eminent domain | show 🗑
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| Explain Eminent Domain & what historical law it orginates from | show 🗑
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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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| show | 1) Enactments (rational) 2) Application (unnecessary hardship & practical dificulties) 3) Hardship creation (self imposed or external)
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kathie_we
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