AICP Law Set

Communities may restict unrelated individuals from living together in a single dwelling unit

1) Procedural (the way in which a law operates)  2) Substantive (what is restictions are imposed in the law)

The AGINS test asks whether the regulation advances some legitimate government purpose and whether the property owner has any economic use left over after the regulation is applied. If the answer to either part is no, a taking may be found

Eminent domain is the fundamental soverign power to take private property for public use that originates from the Magna Carta

1) Fifth Amemendment  & 2) 14th Amendment (Specifically addresses States)

Berman v Parker 1954

Protects agains a taking without just compensation

Sign ordinanced which allows commercial signs in places noncommercial signs are not allowed is unconstitution because 1) noncommercial speech has higher 1st Amendment protection than commercial speech and 2) regulations may not be based on message content

A land regulation was that diminished the economic viability land constitutes a taking under the Fifth Amendment

Zoning of adult entertainment facilities is not a violation of the 1st Amendment

It changed the test for eminent domain as the Court transformed the words 'public use' to mean 'public purpose'.

The Court found an ordnance that prevented a grandmother and a grandson from living together violated the Due Process Law of the 14th Ammendment

A community must prove that 1) Public Purpose  2) Necessity

1) Enactment of the law (must be rational)   2) Application of law (must be fairly applied through established criteria in ordinances)

The regulation of personal property to prevent a use of the property that is detrimental to the public interest or general welfare.

Upheld urban renewal practices, in which governments sought to revitalize urban areas by removing slums and eliminating blight - even those where government took the land from one pricate land owner & gave it to another private land owner

1) Enactments (rational) 2) Application (unnecessary hardship & practical dificulties) 3) Hardship creation (self imposed or external)

Found that a NYC Preservation Law was not a "taking" 1)Land use & economic viability  remained and 2) Historic preservation is in the public's general welfare

1) Private Nuisance (Property owners right to uses that promote enjoyment of their land)  2) Public Nuisance (Common right to health, safety, morals,and comfort)

A restriction of the use of privately owned land, or the actual taking of the land through eminent domain by governmental entities, without fair payment and/or without any benefit to the public. Protected against by the 5th Amendment

E Cleveland -- The parties were RELATED though not parent/child.  Belle Terra's -- The parties were UNRELATED individuals.

The six-to-three decision in Village of Euclid v. Ambler Realty Co. legitimized zoning as a way of controlling land uses.

1) Essential Nexus 2) Rough Proportionality 3) Physical Invasion

The act of segragating land uses from one another in order to ensure that incompatible uses do not locate in close proximity to one another.  Upheld in the 1926 Landmark Planning Law Case Village of Euclid v Ambler Realty.

1) 5th Amendment (taking without compensation  2) Fourteenth (comdementation without due process)

All land use and zoning regulations must advance a legitimate public interest.