Legal Principles and Statutory Basis on Planning

Question 1

Amendment related to…
1. Freedeom of speech (adult uses and signs)

2. Freedom of religion (religious facilities)
3. Freedom of association (group homes)

Answer 1

First Amendment

Question 2

Amendment related to just compensation for takings.

Requires just compensation for takings. Relates to takings and eminent domain.

Often a 14th amendment violation (alleged) too

Answer 2

Fifth Amendment

Question 3

Amendment related to…
1. Due process (takings, eminent domain, and exactions which is a condition for development imposed on a parcel of land).

2. Substantive due process (validity of the rule itself. Ex. aesthetics issues.
3. Procedural due process (were the rules applied fairly? Was an ordinance applies correctly?
4. Equal protection (ex. exclusionary zoning)

Answer 3

Fourteenth Amendment