Manufactured Housing Zoning: Constitutional Limitations and Recent Trends
Public Deposited- Creator
-
Torgan, Bradly S.
- Other Affiliation: Associate, Nossaman, Guthner, Knox & Elliott, LLP, Irvine and Los Angeles, CA
- Abstract
- Nearly twenty years ago Justice Brennan penned the line "if a policeman must know the Constitution, then why not a planner?" Most planners have at least a passing notion of takings law and the Fifth Amendment to the United States Constitution, which prevents the taking of private property for public use without just compensation. Constitutional limitations on zoning, though, can go far beyond the Fifth Amendment. Over the past several years two Constitutional doctrines which might seem esoteric to most non-attorneys, have been used with varying degrees of success in challenging zoning ordinances which discriminate against manufactured housing, preemption and the dormant Commerce Clause. The purpose of this article is twofold: first, to explain the two doctrines and review recent federal court cases from the last three years in which they were raised and second, to briefly divine from those cases some practical advice for planners and other local government decision makers.
- Date of publication
- 1999
- DOI
- Resource type
- Article
- Rights statement
- In Copyright
- Journal title
- Carolina Planning Journal
- Journal volume
- 24
- Journal issue
- 1
- Page start
- 19
- Page end
- 27
- Language
- English
- Digital collection
- Carolina Planning Journal
Relations
- Parents:
- In Collection:
Items
| Thumbnail | Title | Date Uploaded | Visibility | Actions |
|---|---|---|---|---|
|
|
19manufactured.pdf | 2019-04-23 | Public | Download |