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AICP November 2010

Exam Questions for the AICP Test November 2010

Munn v. Illinois 1876 The Court found that a state law regulating pricing did not constitute a taking. The Court established the principle of public regulation of private businesses in the public interest.
United States v. Gettysburg Electric Railway Company 1896 The Court ruled that the acquisition of the national battlefield at Gettysburg served a valid public purpose. This was the first significant legal case dealing with historic preservation.
Welch v. Swasey 1909 The Court established the right of municipalities to regulate building height.
Eubank v. City of Richmond 1912 The Court first approved the use of setback regulations, although it overturned the setbacks in this case.
Hadacheck v. Sebastian 1915 Court first approved the regulation of land uses. The brickyard was prohibited because it was causing adverse health effects in LA. “There must be progress, and if in its march private interests are in the way they must yield to the good of the community.
Pennsylvania Coal Co. v. Mahon 1922 The Court found that if a regulation goes too far it will be recognized as a taking. This was the first takings ruling and defined a taking under the 5th Amendment.
Village of Euclid v. Ambler Realty Co. 1926 Court found that the exclusion of business, trade, apartment buildings from residential districts was legitimate as a police power. First supreme court case to deal with zoning and validate police power as a way to initiate it.
Nectow v. City of Cambridge 1928 The Court used a rational basis test to strike down a zoning ordinance because it had no valid public purpose (e.g., to promote the health, safety, morals, or welfare of the public).
Berman v. Parker 1954 The Court held that aesthetics is a valid public purpose. The court found that urban renewal was a valid public purpose.
Spur Industries v. Del Webb Development (DWD) 1972 Feedlot was determined to be a public nuisance. For a business to be a public nuisance there must be a populous in which people are injured.A business must also be protected from the knowing encroachment of others.
Golden v. Planning Board of the Town of Ramapo 1972 The Court upheld a growth management system that awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access, and firehouses.
Village of Belle Terre v. Boraas 1974 The Court found that a community has the power to control lifestyle and values. The court upheld a regulation that prohibited more than two unrelated individuals from living together as a single family.
Southern Burlington County NAACP v. Township of Mount Laurel 1975 Mt Laurel had a zoning ord setting the min lot size to .5 acres for remaining undeveloped land and had exclusionary zoning that prohibited multifamily,mobile home,or low/moderate income housing. court req inclusionary zoning to produce affordable housing.
Construction Industry of Sonoma County v. City of Petaluma 1975 The Court upheld quotas on the annual number of building permits issued.
Associated Home Builders of Greater East Bay v. City of Livermore 1976 The Court upheld temporary moratoriums on building permits.
Young v. American Mini Theaters, Inc. 1976 The Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit.
Village of Arlington Heights v. Metropolitan Housing Development Corporation 1977 Court reviewed zoning case that denied a rezoning of a property from single-family to multi-family.SC found there was insufficient evidence to prove the Village acted in a racially discriminatory manner and overturned the findings of previous two courts.
Penn Central Transportation Co. v. The City of New York 1978 The Court found that a taking is based on the extent of the diminution of value, interference with investment backed expectations, and the character of the government action. Court found the NYC Landmark Preservation Law did not constitute a taking.
State v. Baker 1979 The court determined that a municipality cannot utilize criteria based on biological or legal relationships in able to limit the types of groups that may live within its borders.
Agins v. City of Tiburon 1980 Court upheld city’s right to zone property at low-density and zoning was not a taking. Agins acquired 5 acres of land for residential development. City adopted zoning ord that placed property in a one-family dwellings zone with density restrictions.
Agins v. City of Tiburon 1980 #2 Without having approval for dev of tract under the ord, they brought sued city alleging the city had taken their property w/out compensation in violation of the 5 and 14 Amends, and seeking a declaration that the zoning ord were facially unconstitutional.
Loretto v. Teleprompter Manhattan CATV Corporation 1982 Court found that where there is a physical occupation, there is a taking. The cable TV company installed cables on a building to serve the tenants of the building and to serve other buildings.
Members of City Council v. Taxpayers for Vincent 1984 Court found that the regulation of signs was valid for aesthetic reasons as long as the ordinance does not regulate the content of the sign. If the regulation is based on sign content, it must be justified by a compelling governmental interest.
City of Renton v. Playtime Theaters, Inc. 1986 Court found that placing restrictions on the time,place,and manner of adult entertainment is acceptable. The Court found that the city does not have to guarantee that there is land available, at a reasonable price, for this use.
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles 1987 Court found if a property is unusable for a period of time, then not only can the ordinance be set aside, but the property owner can subject the government to pay for damages.
Keystone Bituminous Coal Association v. DeBenedictis 1987 The Court found that the enactment of regulations did not constitute a taking. The Act requires that 50 percent of the coal beneath four protected structures be kept in place to provide surface support. Coal Assoc alleged this constituted a taking.
FCC v. Florida Power Corporation 1987 Court found a taking had not occurred. The public utilities challenged a federal statute that authorized the Federal Communications Commission to regulate rents charged by utilities to cable TV operators for the use of utility poles.
Nollan v. California Coastal Commission 1987 Court found that regulations must serve a substantial public purpose and exactions are valid as long as the exaction and the project are reasonably related. The court also found that the CCC req to dedicate an easement for public beach was not reasonable.
Lucas v. South Carolina Coastal Council 1992 Court found there is a taking if there is a total reduction in value after the regulation is in place. The court found that Lucas purchased the land prior to the development regulations being put in place and so constituted a taking.
Dolan v. Tigard 1994 Court found there must be a rational nexus between the exaction requirement and the development. Rough proportionality test was created case.Court overturned an exaction that req dedication of a portion of floodplain for business that wanted to expand
Dolan v. Tigard 1994 #2 court found that conditions that require the deeding of portions of a property to the government can be justified where there is a relationship between the nature and extent of the proposed development.
City of Boerne v. Flores 1997 This Case challenged the Religious Freedom Restoration Act. The Supreme Court ruled that the act is an unconstitutional exercise of congressional powers that exceeded the enforcement powers of the fourteenth amendment.
City of Monterey v. Del Monte Dunes at Monterey Ltd. 1999 SC upheld award in favor of developmer after city's repeated denials of a development permit for a 190-unit residential complex on ocean front property.Court found repeated denials of permits deprived the owner of all economically viable use of land
Palazzolo v. Rhode Island 2001 inverse condemnation. Owner was denied permit to fill wetlands for a beach club and was an unlawful taking. SC found that acquisition of title after the effective date of regulations does not bar regulatory taking claims. The case was remanded.
Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al. 2002 Court found moratoria did not constitute a taking requiring compensation.
Lingle v. Chevron USA, Inc. 2005 Court overturned portion of the Agins precedent declaring regulation of property effects a taking if it does not substantially advance legitimate state interests.Court found this prong of formula imprecise and not appropriate for determining a taking
City of Rancho Palos Verdes v. Abrams 2005 The Court ruled that a licensed radio operator that was denied conditional use permit for an antenna cannot seek damages because it would distort the congressional intent of the Telecommunications Act of 1996.
Kelo v. City of New London 2005 The Supreme Court ruled that a economic development is a valid use of eminent domain. The court found that it is not in a position to determine the amount or character of land needed for a particular public project.
Massachusetts v. EPA, Inc. 2006 The Court held that the EPA must provide a reasonable justification for why they would not regulate greenhouse gases.
Rapanos v. United States 2006 The Court found that the Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway.
SD Warren v. Maine Board of Environmental Protection 2006 The Court found that hydroelectric dams are subject to Section 401 of the Clean Water Act.
Metromedia, Inc. v. City of San Diego 1981 The Court found that commercial and non-commercial speech cannot be treated differently. The court overruled an ordinance that banned all off-premises signs because it effectively banned non-commercial signs.
Homestead Act 1892 The act permitted settlers to claim 160-acre parcels of public land on the condition that they reside on the land for five consecutive years. 1.6m homesteads were granted and 270m acres were privatized between 1862 and 1986-10% of all lands in the US.
New York State Tenement House Act 1901 Reformed earlier laws regarding tenement housing a required improved lighting, ventilation and toilets and running water in each unit. It outlawed the dumbbell design. Lawrence Veiller helped draft the act.
US Reclamation Act 1902 Set aside money from sales of semi-arid public lands for the construction of irrigation projects. Led to the eventual damming of nearly every major western river.
Antiquities Act 1906 first law to provide federal protection for archeological and historical sites. The aim is to protect all historic and prehistoric sites on US federal lands and to prohibit excavation or destruction of these antiquities.
Standard State Zoning Enabling Act (SZEA) 1924 Confirmed New York State’s authority to delegate police power to municipalities to enact local zoning ordinances. Drafted and approved under Secretary of Commerce Herbert Hoover.
Standard City Planning Enabling Act 1928 The Act, outlined the powers of municipal planning commissions and required the adoption of a master plan by local governing bodies.
Federal Home Loan Bank Act 1932 Established twelve regional banks under the system. Created the Home Owners Loan Corporation (HOLC) to refinance mortgages of economically distressed homeowners, which legally expired after discriminatory practice.
Taylor Grazing Act 1934 established the US Grazing Service to manage the public rangelands, which was later merged with the General Land Office in 1946 to form the Bureau of Land Management.
National Housing Act 1934 established the Federal Savings and Loan Insurance Corporation and created the Federal Housing Administration to insure private mortgages. It was designed to stop the tide of bank foreclosures on family homes.
Indian Reorganization Act 1934 Enacted to conserve and develop Indian lands and resources, granted certain rights of home rule and provided for vocational education.
Historic Sites, Buildings and Antiquities Act 1935 Predecessor of the National Historic Preservation Act and it declared for the first time “…that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance”
US Resettlement Administration 1935 Rexford Tugwell headed this new deal program which relocated struggling urban and rural families to communities planned by the federal government.
Wagner-Steagall Housing Act 1937 Housing Act 1937, provided for subsidies to be paid from the U.S. gov to local public housing agencies to improve living conditions for low-income families.Created the Housing Authority-became the Public Housing Admin and funded Local Housing Authorities
Housing Act of 1949 This was the first comprehensive housing bill. It initiated urban renewal, focusing on slum clearance, urban renewal and new housing construction.
National Interstate and Defense Highway Act 1956 The bill appropriated $25b for the construction of 41k miles of interstate hwys over 20 yrs. Funding came through the creation of the Highway Trust Fund-gathers money from excise taxes on new vehicles and sales tax on gasoline.
Urban Mass Transportation Act 1964 provided grant money for public transit systems in the form of matching funds to cities and states. Typically, the federal government pays up to 80% of capital costs and up to 50% of operating costs for local transit systems.
Wilderness Act 1964 created the legal definition of Wilderness in the United States and established a National Wilderness Preservation System of federally owned land. Prohibits all forms of mechanized transport within the wilderness boundaries.
Demonstration Cities and Metropolitan Development Act 1966 Centerpiece of Lyndon Johnson’s Great Society program (elimination of poverty and of racial injustice) and created the Model Cities Program which addressed urban blight and poverty by focusing on community participation rather than top down planning.
National Historic Preservation Act 1966 established the National Register of Historic Places and created the National Advisory Council on Historic Preservation. It requires Federal agencies to evaluate the impact of all Federally funded or permitted projects on historic properties
National Flood Insurance Act 1968 Created the National Flood Insurance Program, currently administered by the Federal Emergency Management Agency (FEMA).
Civil Rights Act 1968 This act was also known as the Fair Housing Act and was the first federal law prohibiting discrimination between sex, race, national origin, religion and familial status.
NEPA 1970 NEPA requires EIS for federally funded actions that have the potential to significantly impact the environment. It acknowledged the importance of an open and public decision-making process.
Clean Air Act 1970 Implemented to protect public health and welfare by limiting air pollution emissions and exposure to ambient air pollutants.
Coastal Zone Management Act 1972 Created a voluntary Coastal Management Program to meet established federal standards.
Clean Water Act 1972 Regulated water quality of lakes and rivers with a permit process. It set wastewater standards for industry and water quality standards for surface water contamination. It introduced a permit system for regulating point sources of pollution.
Endangered Species Act 1973 Established a federal list of endangered and threatened species-required planning projects in areas with these species to consult with the FWS. Designed to protect critically imperiled species from extinction
Oregon Land Use Act 1973 Created statewide planning system and required identification of urban growth boundaries separating urban from rural areas.
Safe Drinking Water Act (SDWA) 1974 Covers all water used for drinking, whether above or below ground, and sets standards.
Housing and Community Development Act 1974 Instituted CDBG program.Larger cities and urban counties-“entitlement communities,” required to prepare and submit “Consolidated Plan” that establishes goals for use of funds.Grantees required to hold public meetings to solicit input from community.
Energy Policy Conservation Act 1975 Established Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger cars. Manufacturers can earn credits for exceeding standards.
Emergency Housing Act 1975 authorized HUD to provide short-term assistance to help defray mortgage payments for persons temporarily unemployed or underemployed as the result of poor economic conditions.
Resource Conservation and Recovery Act 1976 to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. Cradle to grave legislation for hazardous waste material, regulated by the EPA.
Toxic Substances Control Act 1976 prohibits the manufacture or importation of chemicals that are not on the TSCA Inventory (or subject to one of many exemptions).
Community Reinvestment Act (CRA) 1977 seeks to address discrimination in loans made to individuals and businesses. It was put in place to stop widespread practice of redlining of urban, low income minority neighborhoods.
Urban Park and Recreation Program Recovery Act 1978 The act authorized matching grants to renovate and improve parks and other recreational facilities in low-income communities.
CERCLA (Superfund) 1980 Created to protect people, families, communities and others from heavily contaminated toxic waste sites that have been abandoned. Created liability for persons discharging hazardous waste, taxed polluting industries to establish trust fund for the cleanup
Farmland Protection Policy Act 1981 Enacted to minimize federal program contribution to loss of farmlands, it developed standards for identifying the effects of such programs on the loss of farmland.
Land Evaluation and Site Assessment (LESA) 1981 LESA is a rating system developed by NRCS and USDA to assess the suitability of parcels for continued agricultural use. It includes environmental, economic, social and geographic features.
Coastal Barrier Resources Act 1982 Designates various undeveloped coastal barrier islands for inclusion in the Coastal Barrier Resources System, which are ineligible for direct or indirect federal assistance that might support development except for emergency life-saving activities.
Resource Conservation and Recovery Act (RCRA) 1984 Required EPA to develop a regulatory program for the storage of hazardous substances and requires owners of tanks to prevent, detect and clean up an releases.
Low Income Housing Tax Credit 1986 Tax credit created under the Tax Reform Act of 1986 gives incentives for the utilization of private equity in development of affordable housing. Enabled nonprofit organizations to raise construction funds by selling tax credits
Community Right to Know Act 1986 Supports emergency planning efforts to provide the public and local governments with information concerning potential chemical hazards present in their communities. Required industries to report the amount and type of toxic substances they generate.
Cranston-Gonzalez National Affordable Housing Act (NAHA) 1990 Established the Home Ownership Made Easy program-provided matching federal funds to local government expenditures for low-income housing needs. Jurisdictions must prepare a Comprehensive Housing Affordability Strategy (CHAS) to qualify to receive funds.
Americans with Disabilities Act (ADA) 1990 The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. The act required that mass transit systems be accessible to those with physical disabilities
Americans with Disabilities Act 1991 The ADA is a wide-ranging civil rights law that requires businesses and governments to provide people with disabilities equal access to jobs, transportation and public facilities.
Intermodal Surface Transportation Efficiency Act (ISTEA) 1991 Req coordination between states and metro areas for air quality standards. Created Transportation Enhancements program to deal with impacts of transportation,earmarked funds for scenic byways and historic pres,bike and ped paths,expired in 1997
HOPE VI 1992 HUD plan meant to revitalize public housing projects into mixed-income developments. established to replace the many large-scale, low quality public housing projects with smaller, higher quality mixed income projects.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 1996 Provided federal control of pesticide distribution, sale and use. The Act required all users of pesticides to pass a certification exam in order to apply pesticide.
Wetlands Reserve Program 1996 The program offers financial incentives for landowners to protect, restore, and enhance wetlands on their property. The USDA Natural Resources Conservation Service (NRCS) administers the program with funding from the Commodity Credit Corporation.
Telecommunications Act 1996 purpose was to increase competition in the communications business and to streamline the installation of cell phone towers. The act gave telecom companies pre-emption powers over local regulations as well as eminent domain powers over private property.
Housing Opportunity Extension Act 1996 The act was designated public housing units for elderly or disabled and families, provided funding for Habitat for Humanity and evicted individuals with drug or alcohol abuse or criminal records.
Transportation Equity Act (TEA-21) 1998 successor to ISTEA.TEA-21 improved safety, protection of environment and promoted more efficient and flexible transportation systems. provided enhancement grants for improvements to scenic quality,ped and bike paths,pres of historical hwy facilities
Religious Land Use and Institutionalized Persons Act 2000 prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as making it easier for churches and other religious institutions to avoid state restrictions on their property use through zoning laws.
Disaster Mitigation Act of 2000 The act reinforces the importance of planning to lessen the potential effects of a natural hazard. States and local governments are required to prepare plans that identify likely risks.
Manufactured Housing Improvement Act 2000 The act established installation and building standards for manufactured homes.
First Model Tenement 1855 In 1855, the first model tenement was built in New York City.
Zion Cooperative Mercantile Institution 1868 The Zion’s Cooperative Mercantile Institution was founded by Bringham Young as a way to decrease dependence on outside goods.
Riverside, IL 1868 First planned suburban community stressing rural as opposed to urban amenities. Designed by Frederich Law Olmsted, Sr. and Calvert Vaux as a garden suburb, giving primacy to parks and greenways. Residents could commute by rail to Chicago.
Yellowstone National Park 1872 Yellowstone was the first national park, and is known for its wildlife and its many geothermal features. Grizzlies, wolves, and free-ranging herds of bison and elk live in the park.
First Skyscraper 1885 The availability of steel and the construction of the first safety elevator in NY, the high-rise building in Chicago was made feasible.
First Subway 1897 The Boston Common was the first subway line in the United States, in 1897. The subway was built to eliminate trolley congestion on downtown streets.
Letchworth, England 1903 First English Garden City.
Pelican Island 1903 Established by an executive order of President Theodore Roosevelt on March 14, 1903 to protect the Brown Pelican, Pelican Island was the first national wildlife refuge in the United States.
First National Conference on City Planning 1909 The conference, held in Washington DC in 1909, brought together the leaders of the housing and city planning movements.
Wacker’s Manual if the Plan of Chicago 1912 In 1912, Walter Moody published Wacker’s Manual of the Plan of Chicago, adopted as an eighth-grade textbook by the Chicago Board of Education. This is the first known formal instruction in city planning below the college level.
New York City Zoning Resolution 1916 The first zoning ordinance in the US was enacted in New York primarily to stop massive buildings such as the Equitable Building from preventing light and air from reaching the streets below. The ordinance covered the entire city and controlled land use, b
First Full Time Planner 1916 Harland Bartholomew was the first full time planner employed by an American City, St. Louis. He developed many of the early comprehensive plans.
First President of the AIP 1917 Frederick Law Olmsted, Jr. was the first president of the AIP, which was the forerunner of the AICP.
French Quarter (Vieux Carre) 1921 Designated the first historic preservation commission in 1921 with the purpose of preserving the commercial tourism value of the area.
First Regional Planning Commission 1922 Established in LA, the 1922 regional planning commission was the first in the US.
First Off-Street Parking Requirements 1923 The first off-street parking requirements were developed in Columbus Ohio in 1923.
First Issue of City Planning 1925 In 1925, the American City Planning Institute and the National Conference on City Planning published the first issue of City Planning, the predecessor to the current Journal of the American Planning Association.
Cincinnati Plan 1925 Under the direction of Alfred Bettman and Ladislas Segoe, was the first to be officially adopted by a major American City. It was broader than previous plans, including information about housing, recreation, garbage, schools and financing.
First Limited Access Highway 1926 Designed by Robert Moses, and constructed in 1926, the Bronx River Parkway in Westchester County, NY was the first limited access highway.
Charleston, SC 1931 First city to enact a Historic Preservation Ordinance, which can protect landmarks, entire historic districts or both and typically regulate the design of new construction as well as changes to existing structures.
TVA (Tennessee Valley Authority) 1933 The TVA is a political entity, created to provide for unified and multipurpose rehabilitation and redevelopment of the Tennessee Valley, America’s most famous experiment in river-basin planning.
Public Works Administration 1933 Used the construction of public works projects to prove employment, stabile purchasing power and improve public welfare. The PWA provided 85% of the cost of housing projects. The PWA was abolished in 1941 during WWII.
Park Forest, IL 1947 Park Forest was the first privately financed, completely planned community ever built in the US. It was a post WWII planned suburb with a range of housing types.
Atlanta Metropolitan Council 1949 The Council was the first regional planning agency.
Kentucky Urban Growth Boundary 1958 Lexington and Fayette County enacted the first urban growth boundary in 1958.
The Urban General Plan 1964 This was the first comprehensive planning textbook, written by T.J. Kent, Jr.
AIP Code of Ethics In 1971, AIP adopted a Code of Ethics for professional planners.
First AICP Exam In 1977 , the first exam for AIP membership was administered.
Stewart B. McKinney Act 1987 The act established a federal definition of homelessness and provided assistance to homeless people. It was the first legislative response to homelessness and established the continuum of care.
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