Inclusionary Zoning Devices as Takings: The Legacy of the Mount Laurel Cases

Authors

Lawrence Berger, University of Nebraska College of LawFollow

Abstract

I. Introduction

II. Mount Laurel I

III. Oakwood at Madison

IV. Mount Laurel II

V. Political and Legislative Reaction to Mount Laurel II ... A. The Fair Housing Act of 1985 ... B. Preliminary Results under the Fair Housing Act

VI. Analysis of the Mandatory Set-Aside and Density Bonus ... A. Takings Analysis—Nollan and the Means-Ends Review ... B. Subdivision Exactions—Nexus between the Proposed Activity and the Public Need ... C. Density Bonuses as Compensation

VII. An Overall View

Recommended Citation

Lawrence Berger, Inclusionary Zoning Devices as Takings: The Legacy of the Mount Laurel Cases, 70 Neb. L. Rev. (1991)
Available at: https://digitalcommons.unl.edu/nlr/vol70/iss2/3