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Part II Landmark Law

AICP: Landmark Laws After 1950

QuestionAnswer
Berman v. Parker (1954) U.S. Supreme Court upholds right of Washington, D.C. Redevelopment Land Agency to condemn properties that are unsightly, though non-deteriorated; if required to meet objectives of duly established area redevelopment plan.
U.S. Supreme Court upholds right of Washington, D.C. Redevelopment Land Agency to condemn properties that are unsightly, though non-deteriorated; if required to meet objectives of duly established area redevelopment plan. United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional; The decision overturned the Plessy v. Ferguson decision of 1896
Housing Act of 1954 Stressed slum prevention over clearance; and urban renewal over redevelopment as in the 1949 act
Section 701 of the Housing Act of 1954 stimulated general planning for cities under 25,000 people by providing funds under Section 701 of the act; "701 funding" later expanded to foster statewide, interstate, and substate regional planning
Federal Aid Highway Act of 1956 Passed by Congress; Created interstate highway state, linking all state capitals and most cities with 50K more residnets
Advisory Commission on Intergovernmental Relations (ACIR) est. 1959 Commission established by Congress but ended in 1996; Comprised by members from various gov't branches; Purpose: study and consider the federal government's intergovernmental relationships; successor to Commission on Intergovernmental Relations
First State with state-wide zoning Hawaii, 1961
Civil Rights Act of 1964 outlaws discrimination based on race, creed, and national origin in places of public accommodation
Housing and Urban Development est. 1965 Preceded by the Housing and Home Finance Agency; Secretary Robert Weaver
Robert Weaver HUD's first Secretary and nation's first African-American cabinet member
Intergovernmental Relations Act of 1968 and Circular A-95 To implement Intergovernmental Relations Act of 1968 the Office of Management and Budget issues Circular A-95; requires state/substate regional clearinghouses to review federally assisted projects to facilitate intergovernmental coordination
National Environmental Policy Act of 1969 requires an "environmental impact statement" for every federal or federally aided state or local major action that might significantly harm the environment.
Environment Protection Agency est. and Clean Air Act (both 1970) Federal Environment Protection Agency established to administer main provisions of the Clean Air Act (1970)
Coastal Zone Management Act 1972 Purpose is to develop a national program for the management, beneficial use, protection, and development of the land and water resources of the Nation's coastal zones
U.S. State and Local Fiscal Assistance Act of 1972 established general revenue sharing In place until Reagan Under this policy, Congress gave an annual amount of federal tax revenue to the states and their cities, counties and townships. replaced with block grants in smaller amounts
Golden v. Planning Board of Ramapo (1972) New York high court allows the use of performance criteria as a means of slowing community growth; growth management; key: planned residential development must match public infrastructure
Endangered Species Act of 1973 Authorized Federal assistance to state and local jurisdictions to establish conservation programs for endangers plant and animal species
The Housing and Community Development Act of 1974 Replaces the categorical grant with the block grant as the principal form of federal aid for local community development
Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978) U.S. Supreme Court upholds NYC Landmark Preservation Law as applied to Grand Central Terminal; Key: barring some development of air rights was not a taking when the interior of the property could be put to lucrative use
Superfund Bill (1980) passed by Congress (Comprehensive Response, Compensation and Liability Act) Creates liability for dumping hazardous waste into the environment; Taxes entities who polute to establish a trust fund for cleanup of sites where not clear who populted
Mt. Laurel, New Jersey 1983 In a case focusing on Mt. Laurel, New Jersey, the New Jersey Supreme Court rules that all 567 municipalities in the state must build their "fair share" of affordable housing; A precedent-setting blow against racial segregation
First English Evangelical Lutheran Church v. County of Los Angeles of 1987 U.S. Supreme Court finds that even a temporary taking requires compensation.
Nollan v. California Coastal Commission (1987) Supreme Court finds that land-use restrictions, to be valid, must be tied directly to a specific public purpose.
ISTEA 1981 Surface Transportation Efficiency Act; Includes provisions for a National Scenic Byways Program and for transportation enhancements, each of which includes a historic preservation component.
Lucas v. South Carolina Coastal Council (1992) the U.S. Supreme Court limits local and state governments' ability to restrict private property without compensation
Dolan v. City of Tigard (1994) U.S. Supreme Court rules that a jurisdiction must show that there is a "rough proportionality" between the adverse impacts of a proposed development and the exactions it wishes to impose on the developer
NAFTA (1994) North American Free Trade Agreement; Signed by US, Canada, Mexico; Purpose: foster trade by removing/lowering non-tariff and tariff barriers
First Prong of the Agins Test Test for determining if a gov't taking or not Takings require compensation Does the taking substantially advance a legitimate government goal? If yes, it's not a taking Agins v. City of Tiburon
Agins v. City of Tiburon Source of two-pronged Agins test 1. Agins (dev) wanted to build residential development. 2. City of Tiburon changed zoning law to alter the density allowed there 3. Agins sued claiming City changed zoning for no substantial reason 4. Agins lost
Second Prong of the Agins test Does it deny an owner economically viable use of the land? If yes, it's a taking If owner is asked to sacrifice all economic beneficial value in name of common good to leave property economically idle, YES it is a taking In Agins, Supreme Court it w
Taking is same as Exaction
Created by: lhilde