Abstract: As these quotations indicate, great minds differ over the appropriate balance between private property rights on one side and the public interest on the other. The success of zoning and other public regulations of land use in balancing these competing interests ultimately rests in the hands of the courts that must rule in individual challenges whether a particular measure is "constitutional." That task has yielded hundreds of reported decisions by higher courts reviewing individual challenges to land use regulations "in tedious and minute detail" (as the Supreme Court predicted in Euclid). And as land use law has evolved beyond Euclidean zoning to embrace such topics as environmental regulations, floodplains, wetlands, historic preservation, and metropolitan housing needs, the courts have been called upon to consider the validity of these measures as well. In the process, some judges have displayed a genuine interest in understanding the science, economics, and geography that underlie virtually all land use legal issues. Others have applied boiler plate rubrics like "reasonableness" as a litmus test of constitutionality. Either way, state and federal courts have issued myriad opinions that make up the judicial corpus of land use law in the United States.KeywordsPublic HousingPrivate PropertyUrban RenewalFederal CourtTrial CourtThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
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