Zoning Basics
What is the standard of review courts typically apply to zoning ordinances?
Rational basis review.
What constitutional amendment houses the Takings Clause?
The Fifth Amendment.
Eminent domain allows government to take private property for what constitutional requirement?
Public use with just compensation.
What is a subdivision plat?
A map showing how land will be divided for development.
Rezoning is typically considered what type of government action—legislative or quasi‑judicial?
Legislative.
What landmark case upheld the constitutionality of comprehensive zoning?
Village of Euclid v. Ambler Realty Co.
What case established the regulatory takings test balancing economic impact, investment‑backed expectations, and character of the government action?
Penn Central Transportation Co. v. New York City.
What case held that economic development can be a valid public use?
Kelo v. City of New London.
What is an impact fee?
A fee imposed on developers to offset the public infrastructure costs of new development.
Which type of land use decision (legislative or quasi‑judicial) generally requires heightened procedural due process?
Quasi‑judicial.
A variance is typically granted when a landowner can show what type of hardship?
Unnecessary or undue hardship unique to the property.
A regulation that deprives property of all economically beneficial use is known as what type of taking?
categorical taking (Lucas taking).
"Just compensation" is generally measured by what?
Fair market value.
What is the primary purpose of subdivision regulations?
To ensure orderly growth, adequate infrastructure, and public safety.
What is the name for zoning decisions applied to a specific property based on evidence?
Special/conditional use permits or site‑specific rezoning.
What is “spot zoning”?
Rezoning a small parcel to benefit one owner in a manner inconsistent with the surrounding area.
Nollan and Dolan require what two tests for exactions?
Essential nexus and rough proportionality.
Can eminent domain be delegated to private entities?
Yes, if the ultimate purpose satisfies public use (e.g., utilities).
What is cluster zoning?
A zoning technique that groups development on part of a parcel while preserving open space on the remainder.
What is "vested rights" doctrine?
Protects developers who relied in good faith on existing rules when they invested.
What is the difference between a use variance and an area variance?
A use variance allows a non‑conforming use; an area variance modifies dimensional requirements.
What 2021 Supreme Court case held that monetary exactions must also satisfy Nollan/Dolan?
Cedar Point Nursery v. Hassid
What is a “condemnation blight” claim?
A claim for damages when government actions leading up to condemnation depress property value.
What is an exaction?
A condition requiring developers to dedicate land, improvements, or money as part of project approval.
What is a "nonconforming use"?
A use that lawfully existed before a zoning change and can often continue despite new restrictions.