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Article: Most unlikely to succeed: substantive due process claims against local governments applying land use restrictions.
- Article from:
- Florida Bar Journal
- Article date:
- April 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The due process provisions found in the Fifth and 14th amendments provide that the government shall not take a person's life, liberty, or property without due process of law. Because the 14th Amendment applies to the states, and state law is relevant in local government land use restrictions, this article will focus primarily on the 14th Amendment due process clause. The clear language of the 14th Amendment means that a state must use sufficiently fair and just legal procedures whenever it is going to take a person's life, liberty, or property. (1) However, while the language of the due process clause literally imposes only procedural obligations upon the government, it is ...