1+-+F13+POLS+451+Land+Use

=Land Use= []

I found an article about the issue I referred to in class about an all Black neighborhood in Portland, Oregon being destroyed for a hospital that was built 30+ years later and pushed original residents further North.

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Another interesting article from the National Housing Institute on another gentrification issue that is going in New York. Neighborhoods are being vitalized and old residents cannot afford the markup in rent due to the attraction of the reversal of 'white flight'

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An interesting article I stumbled upon that shows a Real-Estate company suing a group of anti-gentrification advocates for $31 mil. Yikes. (Chanel West)

[] **Eminent Domain Proposal in Richmond, CA Advances ** Written by Rick Cohen This article discusses gives an inside look and an explanation about the story about the City of Richmond buying local mortgages at [] or for a breakdown of the case: http://cp205-2009.wikispaces.com/Kelo+v+NewLondon In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas.” The city purchased property and seeks to enforce eminent domain to acquire the remaining parcels from unwilling owners.
 * Eminent Domain Readings**
 * Kelo Et Al. v. City of New London Et. All 545 US 469 (2005) **

http://cp205-2009.wikispaces.com/Hernandez+v+City+of+Hanford **Hernandez v. City of Hanford Supreme Court of California (2007) ** In 1989, the City of Hanford amended its general plan to create a new commercial district, known as the Planned Commercial or PC district, intended to accommodate the location of malls, big box stores, and other retail uses. In order to protect the economic viability of Hanford’s downtown commercial district, which features regionally well-regarded furniture stores, the ordinance prohibited furniture stores and the sale of furniture in the new PC district. Hernandez had a home furnishing store outside of the downtown business district and was cited for selling furniture.

[] Hawaii Housing Authority v. Midkiff After extensive hearings in the mid-1960s, the Hawaii legislature discovered that while Federal and State governments owned nearly 49 percent of the land in Hawaii, another 47 percent was owned by only 72 private landowners. To combat this concentration of ownership, the legislature enacted the Land Reform Act of 1967. The Act adopted a method of redistribution in which title in real property could be taken from lessors and transferred to lessees. Frank E. Midkiff, a landholder, challenged the Act. -The decision And the actual court case: []

Moore v. City of Detroit

[] Legal Information Institute that lists the Bill of Rights. Focusing on the 5th and 4th Amendments. -5 th Amendment, due process amendment

Overlay Zone- overlies established use districts. Floating Zones- some land use districts are purposely not zoned so that they float until an “appropriate” development for such zoning comes along. Home Rule Amendment- grants cities and towns “independent municipal powers which they didn’t previously possess” to adopt, amend, or repeal local ordinances or bylaws “for protection of public health, safety, and general welfare.” <span style="font-family: Calibri,sans-serif; font-size: 11pt; vertical-align: baseline;">Mixed used planned developments are mixed units on a parcel of land. <span style="font-family: Calibri,sans-serif; font-size: 11pt; vertical-align: baseline;">*I came across these topics and thought that these would maybe help somewhere in research in our selected topic areas.

<span style="font-family: Calibri,sans-serif; font-size: 11pt; vertical-align: baseline;">**REGULATORY TAKINGS** <span style="font-family: Calibri,sans-serif; font-size: 11pt; vertical-align: baseline;">Here is a //summary// on **Lucas v. South Carolina**: @http://www.oyez.org/cases/1990-1999/1991/1991_91_453 (don't cite this, just use it to see whether or not you want to use this case). Here is the **//full text// USSC decision in Lucas v. South Carolina:**

This case has to do with New York's rent control policy. The landlords of an apartment building argue that rent control policies are an illegal regulatory taking. The case was denied cert and the rent control policy remains in place.
 * Harmon v. Kimmel:** @http://www.scotusblog.com/case-files/cases/harmon-v-kimmel/

**Yee v. City of Escondido, California:** for text click here USSC case where mobile home park owners sued because of a California law which limited a park owner's ability to terminate tenancy (only in cases of not paying rent, or when the park owner wants to change the way his land is being used). Escondido has a rent control ordinance for mobile homes that prevents price increases without approval from the city council.

A more recent case is **Koontz v. St. Johns River Water Management District (2013)** Click here for the article // Click here for SCOTUS Blog information]. Koontz was denied a permit by Florida to improve his land (the land was near the highway, public works projects, and there are wetlands on his property). The USSC ruled in favor of Koontz. Click here for a summary of the case.

Basic information on what a regulatory taking is: @http://www.mrsc.org/subjects/legal/takings.aspx

Pacific Legal Foundation's property rights cases: @http://www.pacificlegal.org/cases/property-rights This website has good examples of property rights cases, particularly of regulatory takings cases.

Information on **eminent domain AND regulatory takings** @http://www.propertyrightsalliance.org/eminent-domain-regulatory-takings-a2909