Land Use Law Reform: A Judicial and Practical Imperative
New York State Bar Journal, Vol. 65, p. 18, December 1993
5 Pages Posted: 13 Nov 2009
Date Written: December 1, 1993
The practical lesson learned from a review of New York case law on land use planning is straightforward. Judges will seldom overturn land use regulations when it is obvious, in the structure of the regulatory program, that considerable and comprehensive planning is involved. When judges sustain land use regulations, they routinely find in the regulatory scheme a valid local planning objective that saves the regulation from falling under a property owner's attack. The bases for this judicial reasoning lie the statutory requirement that zoning provisions must be adopted "in accordance with a "comprehensive plan" and the constitutional requirement that land use regulations substantially advance a legitimate public purpose.
Keywords: new york, land use
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