Upcoming Webinar on Affordable Housing
Webcast— Housing and Takings: A Look at the U.S. Supreme
Court's Inclusive Communities Project and Horne Decisions
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Housing and Takings: A Look at the U.S. Supreme Court's Inclusive Communities Project and Horne Decisions. Date/time below:
Aug 4, 2015, Tuesday
1:00 – 2:30 pm Eastern Time (noon to 1:30 pm Central Time)
In June, the U.S. Supreme Court decided two cases which are
likely to have significance for planners. In Texas Department of Housing and
Community Affairs v. Inclusive Communities Project, Inc., the Court upheld the
use of disparate impact analysis in Fair Housing Act claims. Among other
groups, local governments will continue to have potential disparate impact
liability, particularly now that the federal Department of Housing and Urban
Development has finalized a rule requiring increased scrutiny of zoning and
other local regulatory practices as a condition of local governments' receipt
of funds through HUD grant programs. In Horne v. Department of Agriculture, the
Court found that a raisin producer was entitled to compensation for a taking of
property where the federal government fined the raisin producer for failing to
turn over raisins as required by a price control law. The Court held that the
forced turnover of raisins could be considered a physical invasion of property.
The Horne decision represents an expansion of takings law, and it could have a
ripple effect on other government regulatory programs requiring the turnover of
private property as a condition of market participation. The webinar will cover
both cases, including a description of each case's background and holding, the
likely consequences for practicing planners.
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