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Property owners argue that a new law protecting wildlife corridors amounts to an unconstitutional taking of property.
The U.S. Supreme Court could take on another case that could have rippling effects on local zoning and land use regulations. As Habib Sabet explains in The Other Paper, “The dispute stems from land use regulations passed by the city council in February 2022 that limits development in newly designated ‘habitat blocks,’ or wildlife corridors.”
Owners of a 113.8-acre parcel in South Burlington say the regulations amount to an unconstitutional seizure of their property, preventing them from developing on roughly a third of the land. “In his dismissal of the initial lawsuit, Judge Geoffrey Crawford of the U.S. District Court of Vermont wrote that, ‘in absence of a concrete plan, submitted to the DRB (Development Review Board) and a final decision from the DRB, it is not possible to tell how far the regulations encroach on the Plaintiff’s right to develop it’s [sic] property.’”
Sabet points out that even if the Supreme Court takes the case and rules in the developers’ favor, more litigation — likely years — would follow.
FULL STORY: U.S. Supreme Court to consider South Burlington land use case
New Takings Case Argued Before the Supreme Court
William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.
Opinion: Why Environmentalists Should Support NYC ‘City of Yes’ Zoning Reform
The housing-oriented component of Mayor Eric Adams’ City of Yes proposal could serve the double purpose of making housing more affordable and reducing GHG emissions and car dependency.
U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.
New Florida Law Curbs HOA Power
The legislation seeks to cut down on ‘absurd’ citations for low-level violations.
New Tennessee Law Allows No-Cost Incentives for Affordable Housing
Local governments in the Volunteer State can now offer developers incentives like increased density, lower parking requirements, and priority permitting for affordable housing projects.
Planners’ Complicity in Excessive Traffic Deaths
Professor Wes Marshall’s provocatively-titled new book, "Killed by a Traffic Engineer," has stimulated fierce debates. Are his criticisms justified? Let’s examine the degree that traffic engineers contribute to avoidable traffic deaths.
Study: Housing Crisis is About Affordability, not Supply
New research shows that there is no overall shortage of housing units, but all U.S. metropolitan areas face a severe lack of affordable units for low-income renters.
Are Race-Based Lawsuits Affecting Community Lenders?
Shelterforce spoke with community lending leaders and experts about the current mood across the sector. What, if anything, are organizations doing to avoid becoming the next target of conservative activists?
New Park Promotes Community and Connectivity in Lewisville, Texas
The city of Lewisville just celebrated the opening of Glory Park/Parque la Gloria, helping to improve park access and the quality of life for residents.
City of Madera
City of Santa Clarita
Borough of Carlisle
HUD's Office of Policy Development and Research
Chaddick Institute at DePaul University
HUD's Office of Policy Development and Research
Colorado Energy Office
Pima County Community College District
City of Piedmont, CA
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
