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6.The_Legal_Basis_of_Planning

Privateeconomic development not in michigan courts

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Private/Economic Development (not in Michigan); Courts decide the right for governments to “take” if government and property owner don’t agree on compensation.
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Constitutional Amendments Eminent domain, taking, compensation upheld by the U.S. Constitution: 5th Amendment (taking clause) states that “private property shall not be taken for public use, without just compensation..”
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Constitutional Amendments 14th amendment states that “no person shall be deprived of “life, liberty, or property without due process of law; Requires judicial involvement if a voluntary agreement cannot be reached;
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Constitutional Amendments 4th Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” Cannot take property for trivial purposes; Taking must be for the public good as a whole .
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State-Enabling Legislation All states have different state legislations that defines in the local planning function. Definition of municipal obligations and power All local municipalities have to establish a planning commission and adopt a master plan.
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The Federal Role Legal requirements Federal Grants The Model Cities Act of 1966 The Intergovernmental Cooperation Act of 1968 The Federal Financial Assistance Management Improvement Act of 1999 The Federal Financial Accountability and Transparency Act of 2006 Community Development Block Grant in
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Mandated Responsibilities The federal government should provide federal requirements and resources for local planning. Local and State planning should include the federal’s requirements. Clean Air Act of 1970 Clean Water Act of 1972
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The First Class Quiz on Wed!
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