Orange County NC Website
Browse       Search
r gEpnppmmimmimrq,. <br /> (� J <br /> ., <br /> (�5 ukSQ' 4 �hYl ro/`✓V-(4 Lail �Ltek <br /> r - <br /> [310] . <br /> of a new C. Exclusionary Zoning and Inclusionary Techniques <br /> .ocal gov- ' <br /> ublic and <br /> tide will <br /> The sug- GOVERNMENT. MANIPULATION OF LAND <br /> 1p in the VALUES TO BUILD AFFORDABLE <br /> undone <br /> HOUSING: THE ISSUE OF <br /> atives in COMPENSATING BENEFITSt <br /> ti&cation <br /> .tuts any <br /> also fair HENRY A. HILL• <br /> industry <br /> range of <br /> se to.us I The notion that builders should be forced to provide a certain <br /> and de- percentage of their developments for housing to serve lower- <br /> mprove- income households has generated a good deal of interest, and in <br /> tat Jane several jurisdictions has been mandated by government as a <br /> one can cure for "exclusionary zoning." This article examines the think- <br /> , ing behind the concept of "exclusionary zoning" and explores <br /> the problem of who actually bears the cost for such housing. <br /> n that we <br /> with the Introduction <br /> 41.1, Crrx. <br /> e'solved' <br /> uary,,the The notion that government, which controls the use of all <br /> ven make land; should condition such use on the construction and sale of . <br /> low- and moderate-income housing, was first pioneered on a <br /> npanytng I major scale in California.2 Recently it has emerged as a judicially <br /> ,lems ex- <br /> 'tions for <br /> ,pared to t Com-right © 1984 by.Brener,Wallack& Hill,Princeton, New Jersey. Reprinted <br /> .hux by permission from 13 Real Estate Law Journal 3 (1984). <br /> Partner in the law firm of Brener. Wallack& Hill. Princeton. New Jersey. <br /> '�' Mr. Hill was assisted in the preparation of this article by Thomas J. Hall of <br /> Brener. Wallack & Hill. <br /> ire- ' Land uses have been regulated by governments since antiquity. See. e.g., <br /> des Buescher. Wright & Gitelman. Land Use 1-3 (2d ed. 1976) (discussing the <br /> Twelve Tables of Roman Law or the Statute of Winchester. 13 Edw. I.Stat. 2 <br /> (12851). <br /> ich <br /> zed 2 California has experimented with several forms of state and local encour- <br /> ire agement of low- and moderate-income housing. For a recent review of these <br /> w programs. see Schwartz&Johnson. "Inclusionary Housing Programs," 1983 <br /> )ur .1, Am. Plan. Assoc. 3-21. An earlier attempt to include low- and moderate- i <br /> income housing as part of a zoning process was struck down in Virginia. See <br /> Board of Supervisors v. DeGroff Enterprises. Inc..214 Va.235. 198 S.E 2d 600 <br /> (19731. <br /> 147 I <br /> • k <br />