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AICP PLanning Law 5

Constitutional test for AICP exam

QuestionAnswer
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.
Created by: kathie_we