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2009_0330_ Packet
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2009_0330_ Packet
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relationship to the public health, safety, morals, or general welfare. Euclid settled the <br />constitutionality of comprehensive zoning. Since Euclid, zoning ordinances bear the <br />presumption of validity. When they are subj ect to challenge, it is only under the rational basis <br />standard. In the aftermath of Euclid, legislated land use via zoning quickly became the norm in <br />United States towns and cities. <br />While zoning was not meant to supplant private land use arrangements, in many instances <br />it did just that, offering broad, legislatively created standards which were often used in lieu of <br />and not in addition to private land use arrangements. It was ostensibly a collectivist approach to <br />the system of land use planning whereby some of the "sticks," or parts of the sticks, in the famed <br />"bundle of sticks" metaphor of property rights are transferred to a municipal entity for <br />reallocation to the entire community.s' However, zoning represents contradictory norms and <br />impulses, as it may be viewed at once as elitist and embracing a communitarian ethic. This is <br />because zoning's preference for separation of uses, particularly dividing residential from <br />commercial or industrial, and low density residential uses from high density uses made it a <br />versatile tool for enshrining race-based privilege and perpetuating disadvantage.sg <br />Indeed, in the earliest days of zoning, communities often implemented blatantly racist <br />zoning schemes, the first of which was seen in Baltimore, Maryland in 1910 in an ordinance <br />57 One observer describes zoning's effect on the common law bundle of sticks as being akin to a <br />set of quivers that constrain the sticks. John G. Francis & Chuck Easttom, Land Wars: The <br />Politics of Property and Community 113 (2003). Yet another commentator conceived of the <br />bundle as consisting of green sticks and red sticks as part of a traffic signal metaphor, with green <br />sticks representing rights or "go", and red sticks signifying "stop" or duties. Rutherford H. Platt, <br />Land Use and Society: Geography, Law, and Public Policy 93-100 (1996). <br />58 Jane M. Jacobs & Ruth Fincher, Cities of Difference 52 (1998). <br />17 <br />
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