Abstract

http://ssrn.com/abstract=2065329
 
 

Footnotes (24)



 


 



The Constitutionality of Design Standards in Planned Community Regulations


Daniel R. Mandelker


Washington University in Saint Louis - School of Law

May 23, 2012

Designing Planned Communities (2010)
Washington University in St. Louis Legal Studies Research Paper No. 12-05-07

Abstract:     
This is the fifth chapter in a book, Designing Planned Communities (2010), that reviews the concepts and ideas that go into the design of planned communities, and explores how local governments can encourage and provide for their good design through land-use regulation. Design standards in planned community regulations can raise constitutional problems because a court can hold them unconstitutionally vague or an unconstitutional delegation of legislative power. This problem occurs especially with planned community regulations that contain indeterminate design standards, such as equirements that a planned community’s design be “creative” or “harmonious.” The judicial record on the constitutional issues is mixed. Some courts have struck down stand-alone design standards that are not part of a comprehensive program for regulating planned communities, but some have not. Courts have upheld design standards when they are one element in a program of planned community regulation. Even when the courts have struck down design standards, they have provided drafting guidelines that can avoid constitutional problems. The entire book can be downloaded by going to the author's profile on Washington University Law School's website.

Number of Pages in PDF File: 18

Keywords: planned communities, design, land use, zoning, local government, constitutional vagueness, delagation of legislative power

Accepted Paper Series


Download This Paper

Date posted: May 24, 2012  

Suggested Citation

Mandelker, Daniel R., The Constitutionality of Design Standards in Planned Community Regulations (May 23, 2012). Designing Planned Communities (2010); Washington University in St. Louis Legal Studies Research Paper No. 12-05-07. Available at SSRN: http://ssrn.com/abstract=2065329

Contact Information

Daniel R. Mandelker (Contact Author)
Washington University in Saint Louis - School of Law ( email )
Campus Box 1120
St. Louis, MO 63130
United States
Feedback to SSRN


Paper statistics
Abstract Views: 192
Downloads: 19
Footnotes:  24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds