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Planning As Public Use?, Nicole Stelle Garnett Jan 2007

Planning As Public Use?, Nicole Stelle Garnett

Journal Articles

This short Essay explores the Supreme Court's suggestion in Kelo v. New London that public, participatory planning may be a constitutional safe harbor that separates impermissible private takings from presumptively valid public ones. After briefly reviewing the Court's discussion of the planning that preceded the Kelo litigation, the Essay examines how Kelo's emphasis on planning departs from standard rational basis review of economic policies and asks what such a departure means for future public-use litigants. The Essay then explores three possible practical benefits of a constitutional rule that encourages the government to engage in detailed planning before exercising the power …


Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan Jan 2007

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Journal Articles

No abstract provided.


Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett Jan 2007

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Journal Articles

Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in …