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The Constitutional Case Against Exclusionary Zoning (Texas Law Review)

3 pointsby pcaharrier7 months ago

2 comments

Kon-Peki7 months ago
There&#x27;s a bunch of case law surrounding people who have bought property for a specific use and then the city rezones it to prevent that use. The purchasers generally always win in court, because they have obviously had something taken from them.<p>But here it is not so clear. We are 100 years from this <i>Euclid</i> decision, so essentially anything you have purchased already had the rights taken from it. You knew that there was zoning when you bought it. It is some previous owner that was wronged (100 years ago!), not you. So where is your standing to file a challenge?<p>Please note that I am very much in favor of someone else using their own money to mount a challenge, and I wish them luck :)
bell-cot7 months ago
&gt; We argue that exclusionary zoning—the imposition of restrictions on the amount and types of housing that property owners are allowed to build— is unconstitutional because it violates the Takings Clause of the Fifth Amendment. ...<p>Haven&#x27;t the courts already repealed the 5th Amendment, with stuff like Civil Asset Forfeiture?
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