The Legal Basis of Planning (Ch. 5) Flashcards
What is Dillon’s Rule?
Substate governments derive all their power from the state. These local governments only have power designated to them by the state.
What is Home Rule legislation?
Local governments have any power not granted to the state or any power that is not forbidden.
What is eminent domain and what are the three main components to legally exercising eminent domain?
The power of the state to acquire private land for public gain for just (market price) compensation. The three components are public use/benefit, just compensation, and due process.
What parts of the constitution apply to private property ownership?
The 14th and 5th amendment
What constitutional law concept allows for the use of zoning?
“Police power”
What major conclusion can we draw from the case of Amber Realty vs Village of Euclid?
Zoning is not “taking” and therefore no just compensation is required for money lost from zoning or rezoning.
According to Jane Jacobs, what are the four main components for a successful city?
Districts should have more than 2 uses, blocks should be short, the district must mingle buildings of various conditions and there should be a sufficient density of people for whatever purpose they are there.
