scholarly journals Ultra Vires Land Use Regulations: A Special Case in Substantive Due Process

2013 ◽  
Author(s):  
Daniel A. Himebaugh
Keyword(s):  
Land Use ◽  
Due Process ◽  
Land Use Regulations ◽  
Substantive Due Process ◽  
Special Case

Constitutional Limitations

2018 ◽  
Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday
Keyword(s):  
Public Health ◽  
Supreme Court ◽  
Due Process ◽  
Reproductive Rights ◽  
Court Cases ◽  
Health It ◽  
State Action ◽  
Substantive Due Process ◽  
State Action Doctrine ◽  
Due Process Rights

This chapter describes “due process,” a Constitutional restriction on governmental actions that impact individuals, in the context of public health. It outlines the doctrines of procedural and substantive due process, including the legal tests that courts apply to decide whether individuals’ due process rights have been violated. It uses examples from Supreme Court cases that have defined due process in the context of public health, including those that struggle to define the scope of reproductive rights. It also examines two cases where public health principles were raised as a justification for governmental action: one about involuntary sterilization and one about Ebola. The chapter concludes with a brief discussion of the “state action doctrine” that defines which public health actors may be challenged on due process grounds.

Do Higher Land Costs for New Single-Family Housing Inhibit Economic Activity in U.S. Metropolitan Areas?

2021 ◽  
pp. 089124242110061
Author(s):  
Robert W. Wassmer
Keyword(s):  
Land Use ◽  
Economic Activity ◽  
Metropolitan Areas ◽  
Single Family ◽  
Best Interest ◽  
Residential Land ◽  
Land Use Regulations ◽  
Panel Data Regression ◽  
Data Regression ◽  
Residential Land Use

The price of a new home is greater if the land to put it on costs more. In many U.S. metropolitan areas, this generates the widely acknowledged equity concern that low- to moderate-income households spend disproportionately on housing. But high residential land prices translating into high single-family home prices may also generate the efficiency concern of discouraging new workers’ entry into such areas or encouraging existing workers’ exit. The result could be a decrease in economic activity. This research offers panel-data regression evidence in support of the existence of this adverse outcome. Perhaps these findings can raise the saliency of the needed state or federal government intervention to curtail the stringency of local residential land-use regulations. NIMBYs see these land-use regulations as in their jurisdiction’s best interest, but as demonstrated here, such restrictions impose additional metro-wide economic concerns.

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