Exclusionary Zoning

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Essay Exclusionary Zoning

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The legal and historical analysis of the purposes and constititional effects of zoning practices since the early 20th century. Includes examples, definitions, property rights, individual vs. state power, police aspects, housing and more.

Exclusionary Zoning
This law review article discusses the constitutional law aspects and effects of exclusionary zoning during the period leading up to and including the Supreme Court’s decision in Village of Euclid, Ohio v. Ambler Realty Co. 272 U.S. 365 (1926) and subsequently. Although from their inception, an important purpose and effect of the zoning involved in Euclid and other pre-World War II city and suburban zoning ordinances and regulations was economic or de facto segregation along class, ethnic and racial lines, federal and case law decisions were not based on a segregation rationale; rather, they followed an elaborate common law and later welfare state jurisprudence which were rooted in balancing private property rights and the police powers of local government in the federal system. However, while…

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