Thursday, November 19, 2015
Tim Iglesias (San Francisco) has posted California Supreme Court Unanimously Upholds Inclusionary Zoning as Land Use Regulation and Not an Exaction (California Real Property Law Reporter) on SSRN. Here's the abstract:
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find the unconstitutional conditions doctrine applies to the target ordinance because it does not constitute an "exaction." The article also identifies existing issues left open following the decision and considers what effect it will have on cities interested in enacting inclusionary zoning ordinances in the future.