OPEN SPACE ZONING: VALID REGULATION OR INVALID TAKING

THE CONSTITUTIONAL GUARANTEES LIMITING OPEN SPACE REGULATIONS ARE REVIEWED. AT PRESENT, THERE ARE A NUMBER OF FACTORS AND COMPETING EQUITIES WHICH COURTS TAKE INTO ACCOUNT IN DISTINGUISHING BETWEEN VALID REGULATION AND TAKING. DRAFTING BODIES SHOULD DO LIKEWISE AND SHOULD ALSO CONSIDER THE VARIOUS SCHEMES AVAILABLE TO EASE THE BURDEN ON THE REGULATED LANDOWNER. OPEN SPACE ZONING IS SIGNIFICANTLY DIFFERENT THAN TRADITIONAL ZONING. PARTICULARLY BECAUSE COURTS ARE MORE HESITANT TO RECOGNIZE THE LEGITIMACY OF THE EXERCISE OF THE POLICE POWER TO PROMOTE AESTHETIC OBJECTIVES THAN OTHERS, AND BECAUSE GOVERNMENTAL UNITS ARE INCREASINGLY DISCRIMINATING BY PAYING SOME PROPERTY OWNERS TO ACHIEVE THESE OBJECTIVES WHILE REGULATING OTHERS. /AUTHOR/

  • Corporate Authors:

    N/A

    ,   USA 
  • Authors:
    • Kusler, J A
  • Publication Date: 1972-11

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Filing Info

  • Accession Number: 00238960
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 17 2003 12:00AM