美国财产法Chapter 10 Land use regulation.docxVIP

Chapter 10 Land Use RegulationBasics of zoningIntroduction:Government had the inherent police power to protect the public health, safety, morals, and welfare through zoning laws.Zoning enabling act: Every state has a zoning enabling act thatdelegates power to municipalities to pass landuse regulations - such regulations are lawful tothe extent that they fall within the scope of thedelegated powers.A comprehensive plan: zoning enabling acts mandate that zoninglaws must be made in accordance with, orconsistent with, a comprehensive plan -customary now for most municipalities tohave a planning commission which preparesboth the comprehensive plan (plans ofteninclude maps showing general divisions of themunicipality, descriptions of the plansobjectives, as well as standards guiding realestate development in the jurisdiction) andthe zoning law.Constitutionality of zoning Constitutional provisions:First Amendment -- e.g., some propertyowners have argued that some zoningordinances are unconstitutional because theyviolate First Amendment protections on freespeech, the Supreme Court held that a town could notprohibit the posting of for sale or soldsigns even though the towns motive was tostem the flight of white owners from a newlyracially integrated community.Fourteenth Amendment (Due ProcessClause) -- the clause on due process prohibitsa state from depriving owners of propertywithout due process of law -- some courtshave interpreted the due process clause toimpose substantive limits on whatgovernments can constitutionally do – theSupreme Court has held that property ownershave a right to be free from arbitrary orirrational zoning actions.Fourteenth Amendment (Equal ProtectionClause) -- the equal protection clauserequires, at a minimum, that governmentclassifications be rationally related to alegitimate government interest, the Supreme Court shot down anordinance that required a special permit tolocate a home for retarded persons but didnot require such a permit for other gr