Inclusionary Takings Legislation

Abstract

This Article proposes an alternative post-Kelo legislative reform effort called “inclusionary takings.” Like inclusionary zoning legislation, inclusionary takings legislation would trigger remedial affordable housing action to mitigate the phenomenon of exclusionary condemnations in dense urban areas and declining suburban localities. An inclusionary takings statute would also mandate that local municipalities and private developers provide affordable housing in new developments benefiting from eminent domain takings. Such a statute may ameliorate the phenomenon of exclusionary condemnations in dense urban areas that displaces low-income families from urban neighborhoods. An inclusionary taking, like inclusionary zoning, in other words, requires affordable housing contributions from developers as a means of dealing with perennial problems associated with housing shortages in urban and suburban localities.

Keywords: constitutional law, constitutional property, land use, property, inclusionary zoning, inclusionary taking, Fifth Amendment Takings

JEL Classification: K11, O18, R31, R52