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Exclusionary Zoning Case

as violating the maxim of sic utere tuo ut alienum non laedas --i.e. was using his property to harm that of his neighbor's and invoke the power of the state to curb the nuisance. The only other limitations, which had their origins in the Magna Charta and English constitutional law, are contained in the Takings Clause of the 5th Amendment and the Due Process and Equal Protection Clauses of the 14th Amendment, which provide, respectively, as follows:

"nor shall private property be taken for public use, without just compensation."

"nor shall any State deprive any person of . . . property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The 5th Amendment has been held to apply to the states through the 14th Amendment. Chicago, Burlington & Quincy Railroad v. City of Chicago 166 U.S. 226 (1897).

By the turn of the century, some cities (such as Boston) had enacted ordinances limiting building heights. Los Angeles in 1909 had restricted businesses to 25 industrial districts. In 1916 New York passed a comprehensive zoning ordinance, which governed the height, bulk and use of every building in the city. Lees says that thereafter zoning became very popular in the United States: "Whereas eight cities had enacted zoning ordinances at the end of 1916, by the time Euclid was decided in 1926, 76 municipalities had passed such ordinances, and 1,322 cities were zoned by 1936." Municipal zoning ordinances were authorized in most states by statutes modeled on the Standard State Zoning Enabling Act (SZEA) promulgated in 1926 by an advisory committee within the federal Commerce Department.

Inasmuch as zoning ordinances clearly interfered with the projected commercial use of real property and in many cases affected its value, developers and others had recourse to federal and state courts to contest their validity. Lees says that between 1916 and 1926 "there was great disa...

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Exclusionary Zoning Case. (1969, December 31). In LotsofEssays.com. Retrieved 10:18, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1691116.html