1st Edition

Land Use and the Constitution Principles for Planning Practice

Edited By Brian W. Blaesser, Alan C. Weinstein Copyright 1989
    316 Pages
    by Routledge

    291 Pages
    by Routledge

    This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.

    Foreword , Introduction , Purpose , Focus , Organization and Special Features of Book , Overview of Legal Terms in Relation to Constitutional Principles , Constitutional Principles , Principle 1: Delegation of Power , Principle 2: Void for Vagueness , Principle 3: Procedural Due Process , Principle 4: Substantive Due Process , Principle 5: Equal Protection , Principle 6: Just Compensation (The Taking Clause) , Principle 7: Freedom of Speech , Principle 8: Freedom of Religion , Planner Problem Solving Areas , Discretionary Permitting , Downzoning , Specific Parcel Rezoning , Special Exception , Negotiated (Rezoning) Approvals , Development Exactions , Prohibition of Use(s) , Growth Phasing , Interim Land Use Controls (Moratoria) , Resource Protection , Regulation for Aesthetic Purposes , Amortization of Nonconforming Use(s) , Constitutional Analysis Tree , Purpose , Constitutional Analysis Tree , Synopsis of U.S. Supreme Court Cases , Introduction , Supreme Court Cases


    Brian W Blaesser, Alan C Weinstein