Statutory Basis of Planning

Question 1

Which amendment delegates rights and powers “not delegated to the United States” to the states?

States can regualte behavior, enforce laws that will sustain health, safety, morals and general welfare (police powers).

State governments, in turn, then grant police powers to local governments (varies by state).

Uphelf ny Mugler v. Kansas (1887) - state has the right to regulate a brewery

Answer 1

Tenth Amendment

Question 2

______ Rule applies in states where therights of cities are only those that have been specificially authorized by the state.

39 states apply to all municipalities.

8 states apply to certain types of municipalities

Answer 2

Dillon’s Rule

Question 3

_____ Rule states are those in which cities have the right to develop their own regulations, except where the state has specifically stated otherwise.

Answer 3

Home Rule