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

By James S. Burling
October 01, 2007
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....