Land Use Law and Regulations Flashcards
7 cards from real AICP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Land Use Law and Regulations flashcards as text
Which U.S. Supreme Court case established that a regulation goes 'too far' and becomes a taking when it denies an owner all economically beneficial use of land?
Answer: Lucas v. South Carolina Coastal Council
Lucas v. South Carolina Coastal Council (1992) established the categorical taking rule when regulation eliminates all economic value of property.
A city requires a developer to dedicate 10% of a new subdivision's land as open space. What legal doctrine determines whether this condition is a valid exaction or an unconstitutional taking?
Answer: The Nollan/Dolan rough proportionality test
The Nollan/Dolan test requires an essential nexus and rough proportionality between the exaction and the project's impact.
Under the doctrine of vested rights, at what point does a developer typically acquire a right to complete a project under the regulations in effect at the time of application?
Answer: Upon receiving a building permit and making substantial good-faith expenditures
Vested rights generally attach when a developer obtains a valid permit and makes substantial expenditures in good-faith reliance on it.
Which type of zoning provision allows a use that is generally permitted in a district but only after discretionary review by a local body to ensure compatibility with the neighborhood?
Answer: Conditional use permit
A conditional use permit (also called a special use or special exception) allows discretionary approval of uses that may be compatible if specific conditions are met.
The Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits local governments from imposing land use regulations that:
Answer: Place a substantial burden on religious exercise without a compelling governmental interest
RLUIPA bars regulations that substantially burden religious exercise unless the government demonstrates a compelling interest pursued by the least restrictive means.
A property owner claims that a newly enacted historic preservation ordinance prevents any alterations to her building's facade. Which legal framework is most appropriate for analyzing whether this constitutes a regulatory taking?
Answer: The Penn Central Transportation balancing test
Penn Central's three-factor balancing test (economic impact, investment-backed expectations, character of government action) applies to partial regulatory takings like historic preservation restrictions.
A municipality enacts a moratorium on all development permits while it updates its general plan. A landowner sues, arguing the temporary freeze is a taking. Under Tahoe-Sierra, courts will most likely:
Answer: Apply Penn Central balancing and consider the temporary nature of the restriction
Tahoe-Sierra held that temporary development moratoria should be analyzed under Penn Central's ad hoc balancing, not the Lucas categorical rule.