Exam 6: The Institutional and Legal Framework of Planning and Zoning

A justifiable 'taking' under the 'public use doctrine' requires that the property literally be used by a public body.

What is the inherent power of a sovereign government to legislate for the health, welfare, and safety of a community?

Substantive due process is concerned with the fair administration of the law.

States typically develop zoning and land use controls for localities.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by

The principle of due process mandates

Which court case determined enterprise as a public use while also allowing public welfare to encompass aesthetic matters

Which amendment is at the heart of zoning issue

Zoning controls are typically adopted by the local legislative body.

The principle of due process mandates impartiality of public decision makers.

Zoning is a tool used only at which level

In Kelo v. New London, the US Supreme Court ruled that the taking of private property for the purpose of economic development did not serve a public purpose.

If an ordinance is vaguely written, it could be challenged under which constitutional basis?

At the Supreme Court level, no definition exists for

Generally, judgment of the legislative actions of a local government is the function of the political process and not the role of the courts.

The courts have clearly articulated the dividing line between legitimate exercise of the police power and a regulatory taking.

In delivering the opinion of the court in Kelo v. New London, Justice Kennedy held that economic development has long been an accepted function of government.

A majority of zoning cases are dealt with at the Supreme Court level

There is a 'presumption of validty' in the actions of a municipality to which courts give 'judicial deference'.

The Kelo v. New London decision allowed states to freely develop legislative responses to the decision