AICP Certification Case Law and Legal Basis for Planning
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| show | 1922 - Takings Case - Restrictions on Use - Justice Holmes wrote in opinion "The general rule...is, that while property maybe regulated to a certain extent, if regulation goes too far it will be recognized as a taking"
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| show | 1926 - Takings - Restrictions on Use -This case upheld zoning as constitutional under the United States Constitution, as being within the police power of the state. If zoning classifications were reasonable, then they would be upheld
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| show | 1978 - Takings - Restriction on Use - Upheld that the restrictions imposed (by the Landmarks Law) are substantially related to the general welfare and not only permit reasonable use but also afford appellants opportunities to further enhance the property.
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| show | 1979 - Takings - Restriction on Use - Two prong test - 1 "does not substantially advance legitimate state interests" or 2 "denies an owner economically viable use of his land"
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| show | 1987 - Takings - Affirmed Agins Test #1 - Stated that some states interest are more "legitimate than others" The more defensible the states interest the more likely it will be upheld.
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| Nollan v. California Coastal Commission | show 🗑
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| Dolan v. City of Tigard | show 🗑
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| Lucas v. South Carolina Coastal Council | show 🗑
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| show | 1877 - A landmark decision that paved the way for future governmental intervention in private development.
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| Welch v. Swasey | show 🗑
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| show | 1912 - Setback legislation declared constitutional.
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| show | 1915 - Provided that the restriction of future profitable uses was not a taking of property without just compensation.
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| show | 1920 - Made land subdivision regulations possible by holding that dedication of streets as a prerequisite to platting was possible.
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| show | An owner may not be denied economically valuable use of his or her land.
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| First Prong of the Agins Test | show 🗑
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| Nexus | show 🗑
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| Metromedia v. City of San Diego | show 🗑
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| show | 1976 - Communities can zone locations of adult entertainment establishments without violating the 1st Amendment.
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| Renton v. Playtime Theaters | show 🗑
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| show | An assurance that all parties to the proceeding are treated fairly and equally.
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| show | Payment by government of just compensation to property owners when property is condemned or dimished by government action.
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| show | 1974 - Upheld power to prohibit more than two unrelated individuals from residing together as a family.
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| S. Burlington County NAACP v. Mount Laurel | show 🗑
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| show | Communities can restrict the number of building permits granted each year if reasonable.
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| show | Upheld conditional development on the provision of services.
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| show | Upheld redevelopment programs that took property in eminent domian and resold the property to private developers for redevelopment.
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| show | Cities cannot define family so that the definition prevents closely related individuals from living with each other.
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| Associated Home Builders v. City of Livermore | show 🗑
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| show | Court rejected concept that sole remedy for taking is payment of full value of property. City could either buy property outright or revoke ordinance and pay church for losses at time of trial.
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