This article focuses on the under-analyzed facet of growth management efforts- their constitutional limitations. The goal is to aid policymakers by providing an analysis of successes and failures of existing state growth management plans. The author first analyzes the general structure of growth management programs in three states: Florida, Oregon, and Vermont. Then the author discusses several different constitutional topics in which he examines the best ways in which any constitutional deficiencies could be corrected while still meeting the goals of growth management. These topics include relevance of regulatory takings, unlawful delegation of power, standing, and due process. The author then concludes with suggestions for lawmakers to avoid breaching the constitutional limits upon state growth management efforts.
Soules, Michael C.
"Constitutional Limitations of State Growth Management Programs,"
Florida State University Journal of Land Use and Environmental Law: Vol. 18
, Article 4.
Available at: https://ir.law.fsu.edu/jluel/vol18/iss1/4