The author addresses the role of "downzoning" in smart growth efforts. Initially, the article summarizes the six major potential legal challenges against downzoning to protect farmland and how each of these legal causes of action attempts to address "fairness." The causes of action include: direct challenges of the act, spot zoning, takings, substantive due process, equal protection, and 42 U.S.C. 1983. Then, the article describes and refutes the major arguments posited by those supporting the fairness of downzoning without compensation to landowners. The author concludes that the awkward intervention of the court into these matters results from inherent unfairness of downzoning without compensation along with the lack of an ideal legal cause of action to address fairness issues.
Richardson,, Jesse J. Jr.
"Downzoning, Fairness and Farmland Protection,"
Florida State University Journal of Land Use and Environmental Law: Vol. 19
, Article 3.
Available at: https://ir.law.fsu.edu/jluel/vol19/iss1/3