Traditionally, the only legal constraint on the buck private development and exploitation of privately owned real plaza was the integrity of nuisance under which an aggrieved party could go into butterfly and claim that his neighbor was violating the maxim of sic utere tuo ut alienum non laedas --i.e. was using his prop to harm that of his neighbor's and invoke the power of the bring up to nurse the nuisance. The only other limitations, which had their origins in the Magna Charta and English constitutional law, are contained in the Takings Clause of the 5th Amendment and the Due summons and Equal Protection Clauses of the 14th Amendment, which provide, respectively, as follows:
"nor shall private property be taken for public use, without just compensation."
"nor shall any kingdom deprive any person of . . . property, without due process of law; nor deny to any person within its jurisdiction the refer protection of the laws."
The 5th Amendment has been held to apply to the states through the 14th Amendment. Chicago, Burlington & Quincy railroad line v. urban center of Chicago 166 U.S. 226 (1897).
By the turn of the century, some cities ( much(prenominal) as Boston) had reenacted ordinances limiting building he
arbitrator Sutherland had indicated in Euclid that local zoning was always subject to repugn if it could be shown that it was arbitrary unreasonable or unrelated to the worldwide benefit. The concept of a broad general welfare was corporate into the model SZEA, art. 1 of which empowered municipalities and incorporated village to enact zoning laws "for the purpose of promoting health, safety, morals, or the general welfare of the community." States such as New Hampshire and Georgia which have general welfare clauses in their constitutions have advanced the theory that local zoning laws which run contrary to the general welfare are extremist vires. See Britton v. Town of Chester, 595 A.2d 492 (N.H. 1991).
in the 1980s, the United States experienced a decline in homeownership and homeownership opportunities, a growing shortage of low-priced rental housing, and an increase in the chassis of low income households competing for the declining number of affordable rental units. The Federal National Mortgage crosstie has determined that twenty percent of Americans are in urgency of affordable housing. Exclusionary zoning aggravates those disparities by raising
The Court upheld in City of Eastlake v. Forest City Enterprises, Inc., 41 Ohio St.2d 187, 324 N.E.2d 740 (1975) (concurring opinion), rev'd, 426 U.S. 668 (1976), the constitutionality of a city lead amendment which required that 55 percent of the voters approve in a referendum any change in zoning, thus in core removing the Court from any function in reviewing such changes. In his dissenting opinion, Justice John Stevens said that at 692 "the everyday vote is not an acceptable method for adjudicating the rights of individual litigants."
clauses of state and federal constitutions. By the 1940s, that argument had been won. In the first nerve that came before the Supreme Court on land use issues, Berman v. Parker, 348 U.S. 26 (1954) the Court unanimously upheld a District of capital of South Carolina slum clearance condemnat
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