1. Dillon's Rule a rule that limits the powers of local gov't to those express- ly granted by the state or those powers closely linked to the express powers... The rule is that a substate unit of government has only those powers expressly granted to by the state, or those powers that are directly ...
1 dillons rule a rule that limits the powers of local govt to those express ly granted by the state or those powers closely linked to the express powers the rule is that a substate unit
Urban Planning and Policy Exam 2
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1. Dillon's Rule a rule that limits the powers of local gov't to
those express- ly granted by the state or those
powers closely linked to the express powers...
The rule is that a substate unit of government
has only those powers expressly granted to by
the state, or those powers that are directly and
unarguable implied by those powers expressly
granted to it by the state
2. Home rules pro- Substate governments have any power that is not
visions and forbid- den by the state and not in conflict with
home rules the state constitu- tion or state legislation...
legis- lation
province, a county, or a department, so that a
local county council, county commission, parish
council, or board of supervisors may have
jurisdiction over its unincorporated areas,
including important issues like zoning.
*obviously, a state government cannot add to a
substate government powers that it itself does not
have, but of those that it has, some will be
assigned to substate units of government
3. The Power of
em- inent The government's right to take property for a
domain public pur- pose on payment of just
compensation to the property owner.
*taking clause
ex: the building of roads generally takes
property, it must compensate the owner for the
value of what is taken
*if agreement cannot be reached between the
government power subject to limitation by the
1/
, Urban Planning and Policy Exam 2
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constitutional rights of individuals
4. -lower income areas rehomed and destroyed to
make it better (2005)
2/
, Urban Planning and Policy Exam 2
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examples of -Dallas Cowboys stadium
em- inent -Dallas --> Houston railway (take land from
domain in DFW private owners to build rail 2015)
area -Marvin Nicholas Reservoir (2014)
The eminent domain process is an example of the
5. Fourteenth and exercise of government power subject to
Fifth Amendment limitation by the constitu- tional rights of
individuals
"nor shall private property be taken for public
use, without just compensation" ---> hence the
necessity for the con- demnation award (5th)
"no person shall be deprived of life, liberty, or
property without due process of law"---> hence
the requirement for a judicial procedure should
voluntary agreement not be reached
6. Public *Consider someone who owns a building lot in a
Control over downtown area. Market forces such as the
private demand for office space and the cost of
property construction create a situation in which the most
profitable use for the site is a 12-story office
building.
If the municipality, however, limits the height of
structures on the site to six stories, the difference
in profit between the 12-structures and the six-
story building is a loss im- posed upon the owner
of the site.
In the first case the owner would take the loss
directly in the form of reduced operating profits.
In the latter two
cases the loss would be manifest as a lower
selling price or lower rental fee for the site.
Zoning limits the uses to which land can be put. If
the most profitable use is not among the permitted
3/
, Urban Planning and Policy Exam 2
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uses, a loss is
necessarily imposed
upon the owner. (no
compensation is
required)
*the community
obtains partial rights
of ownership---some
4/
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