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Land Development law Assignment

   

Added on  2021-05-31

4 Pages767 Words69 Views
Running head: LAND DEVELOPMENT LAWLand Development LawName of the StudentName of the UniversityAuthor Note
Land Development law Assignment_1
1LAND DEVELOPMENT LAWAnswer to Q1In the case of Village of Euclid v Ambler Realty Co, the court analyzed the legality of thezoning ordinance and observed that the ordinance should be justified in the light of police power.In this case the court tried to analyze if the zoning exclusions were lawful. The significance ofthe case lies in being the first judgment dealing with zoning ordinances which aimed to bolsterzoning practices in the Unites States (Mail, Mynk & Planner, 2015). The question was whetherthe zoning ordinance violated Amber Realty’s right to property clause under the FourteenthAmendment. The Court held that the zoning ordinance was valid and well within the authority ofthe village’s police power it was observed by the court that the company’s accusation of theordinance not being in line with due process was not well founded. The Courts have held thatzoning is permissible if it is not arbitrary and there is a valid justification and the zoning is withinthe police power. Zoning comes with a few restrictions like it should be done keeping in mindthe welfare of the people and a valid rationale behind doing itAnswer to Q2In the case of Berman v Parker 348 U.S. 26, 33 (1954) where it was held that it is withinthe authority of the legislature to ensure that a community looks beautiful and any step takentowards maximizing that aim does not violate the Fifth Amendment. In Reitman v Mulkey, 3387U.S. 369 (1967) by a California Constitutional amendment, it was held that it was invalidatedbecause permitting private persons to sell their property to whoever they wanted to gave rise tostate action. It was the Court’s right to preserve civil liberties (Chemerinsky, 2015). Thefourteenth amendment was held to be in violation of economic rights and that it constituted
Land Development law Assignment_2

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