The Federalist Society

Do Inclusionary Zoning Laws Violate Nollan, Dolan, and the Doctrine of Unconstitutional Conditions?

October 1, 2007

James S. Burling

In most parts of the country, there is a shortage of low-income housing. Local governments realize that more must be made available. And, for some reason, it must be new. The problem with alleviating a shortage of new low-income housing is that someone has to build it. But since government does not have a legacy of success in building public housing, taxpayers are reluctant to give more money for the construction of government housing projects. Hence, government planners have turned to inclusionary zoning....

Do Inclusionary Zoning Laws Violate Nollan, Dolan, and the Doctrine of Unconstitutional Conditions?  


The Federalist Society