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Constitutional test for AICP exam

Quiz yourself by guessing what should be in each of the black rectangles below before clicking on it to display the answer.
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Flap 1
Flap 2
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.  


   

 
 
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