Constitutional test for AICP exam
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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. |
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Created by:
kathie_we
on 2006-01-23