Zoning and Eminent Domain under the New Minimum Scrutiny
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.
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Date of this Version
John H. Ryskamp, "Zoning and Eminent Domain under the New Minimum Scrutiny" (May 8, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1359.