Zoning and Eminent Domain under the New Minimum Scrutiny


John H. Ryskamp


Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.


Administrative Law | Constitutional Law | Economics | Evidence | Health Law and Policy | Housing Law | Human Rights Law | Intellectual Property Law | Land Use Law | Law and Economics | Law and Society | Legislation | Natural Resources Law | Public Law and Legal Theory | Social Welfare Law | State and Local Government Law | Water Law

Date of this Version

May 2006