03-10-2019, por Kriston Capps
Will the Supreme Court Strike Down Inclusionary Zoning?
(..) Back in 2000, two Marin County property owners, Dartmond and Esther Cherk, looked to split their undeveloped land into two single-family-zoned lots. As developers, they were liable to preserve some part of the property for affordable housing or pay into a low-income housing production fund. The fee was nearly $40,000; the Cherks sued.
The Marin County case may test the constitutionality of inclusionary zoning, a tool that local jurisdictions rely on to expand the supply of affordable housing, especially in tight housing markets.
(..) Housing advocates and industry associations are filing briefs on both sides of the case, which could have ramifications for hundreds of jurisdictions across more than two dozen states where local ordinances require new residential developments to include affordable housing units.
Opponents of inclusionary zoning—in this case the plaintiffs and their backers from the Pacific Legal Foundation, a nonprofit that defends property right and economic liberty—argue that these ordinances violate the takings clause, a provision of the Fifth Amendment that says that “private property [shall not] be taken for public use, without just compensation.” (Continua)