AICP Land Use Law and Regulations 4

Question 1

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?

Accepted Answer

Lucas v. South Carolina Coastal Council

Answer

Lucas v. South Carolina Coastal Council (1992) established the categorical taking rule when regulation eliminates all economic value of property.

Question 2

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?

Accepted Answer

The Nollan/Dolan rough proportionality test

Answer

The Nollan/Dolan test requires an essential nexus and rough proportionality between the exaction and the project's impact.

Question 3

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?

Accepted Answer

Upon receiving a building permit and making substantial good-faith expenditures

Answer

Vested rights generally attach when a developer obtains a valid permit and makes substantial expenditures in good-faith reliance on it.

Question 4

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?

Accepted Answer

Conditional use permit

Answer

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.

Question 5

The Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits local governments from imposing land use regulations that:

Accepted Answer

Place a substantial burden on religious exercise without a compelling governmental interest

Answer

RLUIPA bars regulations that substantially burden religious exercise unless the government demonstrates a compelling interest pursued by the least restrictive means.

AICP - American Institute of Certified Planners Practice Test

AICP - American Institute of Certified Planners Practice Test

AICP Land Use Law and Regulations 4