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Planning Law

PLANNING LAW

QuestionAnswer
Private Property - "Bundled Rights" Surface, Subsurface, Air, Water, Use and Enjoyment
Pre-existing brickyard declared public nuisance & no compensation or abatement - no right to maintain a nuisance Hadacheck v. Sabastian (1915) - Valid Exercise of Police Power
Police Power Power of Government to protect the public health, safety, and general welfare
Illinois adopted Regulation of grain warehouse and elevator rates - Violated 14th Amendments Munn v. Illinois (1876) -Upheld Police Power - Regulation is necessary for the Public Good
Does Federal Govt have Police Power No Fed Power is limited to those powers in the U.S. Constitution
State Government have Police Power Yes does not have to be stated in state constitution and states may preempt locals and take back power
Local Government have Police Power Depends on Dillions Rule or Home Rule
Dillions Rule? Municipal Government has not powers except those delegated by the State
Home Rule? Municipal Government has all powers unless restricted by the State
Created by: user-2044744
 

 



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