E personality interest i focusing on ribe probably

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e. Personality interest: i. Focusing on RIBE probably severs any personality interest in the land from consideration. ii. RIBE might also exclude gifts and inherited property What Do I Get for All My Takings Trouble? – Remedies for Takings: First English : temporary moratoria do not effect a taking. First English limited temporary takings to invalidated permanent restrictions lasting for a temporary period of time – specifically, that once a taking has been found, the period between the time of the taking and the eventual invalidation and rescission of the offending regulation would be a temporary taking. Tahoe-Sierra : Sanctioned the use of moratoria and reaffirmed the parcel-as-a-whole rule for takings review. Moratoria on development are not per se takings under the Fifth Amendment, but should be analyzed under the multi-factor Penn Central test. Growth Management Issues: Infrastructure limitations - traffic, schools, etc Environmental impacts Character / aesthetics Blight Fiscal effects - debt, delays Regulatory effects - limiting, restrictive effect; may undercut planning Sprawl - inefficient land use Ecological footprint in context Shift in economic distribution and quality of life (class, race distinctions) Local government options in controlling growth: Short-term moratorium Freeze on construction 7
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Interim zoning restrictions Tempo Controls - set a pace of growth by limiting permits Revise policies Fiscal changes - exactions Concurrency requirements - Ensure adequate infrastructure Urban growth boundaries Policy analysis : rationality, efficiency, fairness Arguments against : Market controls growth patterns based on public welfare, not government Private property rights - alienation, efficiency, fairness Traditional regulatory controls don't necessarily apply to growth: height, density, type of use are not really the primary issues--traditional subdivision and zoning regulation do not account for pace of development Legal challenges : Ultra vires SDP EPC Regulatory Takings Conflicts of laws Judicial review issue : local deference v. discretionary authority v. state involvement GUEST SPEAKER, Barbara Kautz, USF ’03, Goldfarb & Lipman, LLC Anti-NIMBY Statute in CA : Housing Accountability Act. If developer includes minimum required affordable housing in plan, BoP shifts to local government to justify why plan was rejected FFHA : protects against housing discrimination Disparate impact: content neutral on its face but affects protected class as applied ► shifts BoP Disparate treatment: member of quasi/unprotected class does not have to prove intent—just pretext Dealing with Housing Discrimination Mount Laurel II : Created the model fair housing remedy for exclusionary zoning. Affirmed and refined the state's constitutional requirement that municipalities must provide their fair share of low- and moderate- income housing in their regions Established a remedy to accomplish this objective by creating a judiciary panel to rule specifically on exclusionary zoning cases.
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  • Fall '18
  • Robert Strouse
  • developer, Zoning

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