Land Use & Zoning
Inclusionary zoning that mandates affordable housing is generally considered:
AUnconstitutional as a taking
BA valid exercise of police power when crafted to avoid being an uncompensated taking✓ Correct
CIllegal under federal law
DOnly permitted in cities with populations over 50,000
Explanation
Inclusionary zoning requirements for affordable housing have generally been upheld as valid exercises of police power when there is a reasonable nexus between the requirement and a legitimate public interest, and when they include offsets (density bonuses) to prevent uncompensated takings.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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