PLANNING COMMISSION'S UNCONDITIONAL DISAPPROVAL OF SUBDIVISION PLATS ON ECOLOGICAL GROUNDS AMOUNT- ING TO UNCONSTITUTIONAL CONFISCATION OF PROPERTY WITHOUT COMPENSATION

This case involves the increasingly frequent attempts by zoning, planning and similar authorities to obtain free open space--a form of park--under the guise of ecological necessity to prohibit any development of the land. Thus, if no judicial remedy were available, the owner would have to continue p...

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Bibliographic Details
Published inAmerican business law journal Vol. 11; no. 2; p. 194
Main Author Gaitanis, Louis A
Format Journal Article
LanguageEnglish
Published Oxford, Ohio Academy of Legal Studies in Business 01.10.1973
Subjects
Compensation
Drainage
Landowners
Planning
Pollutants
Regulation
Sewage disposal
Stormwater
Zoning ordinances
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Summary:This case involves the increasingly frequent attempts by zoning, planning and similar authorities to obtain free open space--a form of park--under the guise of ecological necessity to prohibit any development of the land. Thus, if no judicial remedy were available, the owner would have to continue paying taxes on this "free park" or lose his land. The case illustrates again the wisdom in the division of powers and in the checks and balances found in the legal framework of our country.
ISSN:0002-7766
1744-1714