| Question |
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| Answer |
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| Explain the "Per Se" test for takings |
That there is a loss of all economically viable use of the land |
| What was the Standard State Zoning Enabling Act? |
1926 legislation that established the right for comprehensive planning. |
| What act was a model for early zoning & enabling legislation |
Standard State Zoning Enabling Act of 1926 |
| What gives governments the right to establish land use laws |
Police Powers to protect the heath, safety, and welfare of the community |
| What is a "Physical Envasion" takings? |
An act of government whereby they encroach or invade private property rights (ie: easement without compensation). |
| Explain the "Essential Nexus" test. |
A takings legal test that considers if there is an evident linkage between the effect of the regulations & the governments stated interest or intent. Legislative Intent = Legitimate Government Authority. |
| Explain the "Rough Proportionality" test |
A takings test that considers if the results of a legislation/ action is directly related both in nature & extent to the impact of the law. Government Actions = Outcomes. |
| What is the legal purpose of zoning? |
To protect the public's health, safety, and welfare while minimizing conflicts between compatible uses. |
| Explain the "Rational Basis" test |
That the government action is based in a reasonable government interest. Action = Legitimate exercise of Police Power. |
| Explain the "Fairly Debatable" test |
That a reviewer if given the same conditions and measures, would come to a similar conclusion as the one in question. |
HHS Shrek
