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Application of Legal
Application of Legal Questions
Questions | Answer |
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What case states "if the regulation is note based on a public nuisance stature, and it casues the property to lose all economic value, then it is taking. | Lucas v. South Carolina Coastal Council 1992 |
If a regulations goes to far it is taking? | Penn coal Co vs. Mahon 1922 |
Decided that aesthetics were a valid public purpose for an eminent domain action. | Burman v. Parker 1954 |
the city use of eminent domain for comprehensive redevelopment was a "public use". | Kelo v. City of New London 2005 |
First case to approve setback regulations? | Eubanks v. City of Richmond 1912 |
First approved instance of regulatons the location of land uses? | Hadacheck v. Sebastian 1915 |
What first legal case dealt with growth managemetn system that was approved? | Golden v. Planning Board of the town of Ramapo NY 1972 |
This legal case upheld that quotas on the annual number of building permits were upheld? | Sonoam v. Petaluma 1975 |
sought a permit to expand a retail store and paved parking lot. Because the expansion would increase flood risks and traffic congestion, | dolan v. tigard |
On April 23, 2002, the US Supreme Court said that a government should NOT be required to compensate property owners for every development moratorium, regardless of its purpose, duration, or potential impact on property values. | Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) |
The court held that the communities can restrict the number of building permits granted each year if resonable in which landmark case? | Construction Industry Association of Sonoma County v. City of Peteluma 1975 |
The Supreme Court ruled that to survive scrutiny under the Takings Clause, the dedication must be "roughly proportional" to the expected impact of the proposed development in what case? | Dolan v. City of Tigard, 512 U.S. 374 (1994). Dolan sought a permit to expand a retail store and paved parking lot. The city conditioned the permit on a dedication of land for use as a public greenway to minimize flooding and as a bike and walking path to |
What case was not heard before the US supreme court. | Golden v. Planning Board of the Town of Ramapo (1972). |
This Supreme Court case upheld a zoning ordinance against allegations that the government took property in violation of the Due Process Clause where the ordinance reduced the value of the claimant's land. | Village of Euclid v. Amber Realty |
Berman v. Parker, 348 U.S. 26 (1954) dealt with which of the following issues? | Eminent Domain |
This Supreme Court case upheld a zoning ordinance against allegations that the government took property in violation of the Due Process Clause where the ordinance reduced the value of the claimant's land. | Village of Euclid v. Ambler Realty Co. |
What 1992 US Supreme Court case, said that a taking occurs in two circumstances? | Lucas v. South Carolina Coastal Council |
What was the 1965 Pennsylvania case NATIONAL LAND AND INVESTMENT CO. KOHN? | a four acre minimum lot size was exclusionary. |
Nollan v. California Coastal Commission used what test to determin wheter the access condition advanced a legitimate state interest? | Essential Nexus. |
This 1995 supreme court case dealt with group homes and the definition of family | Edmonds v. Washington State Building Code Council |
court rejected the concept that the sole remedy for a taking is payment of full value of property in which of the following cases? | First English Evangelical Lutheran Church v. County of LA. |
needs a reasonable explanation for why greenhouse gases would not be regulated. | Commonwealth of Massachusetts v US EPA Correct |
What US Supreme Court cases was responsible for putting forth the "severity of the burden" rather than the "substantially advances" test for takings cases | Lingle v. Chevron the Court found that the takings clause should be based on the severity of the burden that the regulation imposes upon property rights and not whether the effect of the regulation is to “substantially advance” governmental interest. |
The substantially advances clause came from | Agins v. Tiburon. |
The Court rejected the takings challenge to zoning ordinances that allowed the claimants to build between one and five homes on their five-acre parcel of land. | Agins v. City of Tiburon, 447 U.S. 255 (1980) |
The Court held that there was no facial taking because the ordinances did not deny the landowners all of thier economically viable use of the land and substantially advanced the state's legitimate interest in preserving open space. | Agins v. City of Tiburon, 447 U.S. 255 (1980) |
The Court held that the EPA must provide a reasonable justification for why they would not regulate greenhouse gases. | Massachusetts v. EPA, Inc.; U.S. Supreme Court (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. | Rapanos v. United States; U.S. Supreme Court (2006) |
The Court found that hydroelectric dams are subject to Section 401 of the Clean Water Act. | SD Warren v. Maine Board of Environmental Protection; U.S. Supreme Court (2006) |
This case established a two part test. deprives property of all economically viable use and fails to advance a legitimate governmental interest | Agins v. Tuburon |
Marks: 0/1 In this 2002 case, property owners charged they should be compensated in the case of a development moratorium regardless of its purpose. What was the name of the case? | Suitum v. Tahoe Regional Planning Agency |
The Supreme Court upheld the right of a city to time the phasing of development, contingent on performance standards being met, in which case? | Construction Industry Association of Sonoma County v. City of Petaluma |
Tahoe Sierra Preservation Council v. TRPA involved what type of constitutional right? | Taking |