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Incentive Zoning

Incentive zoning allows landowners to essentially buy their way out from a land-use regulation for a pre-set price.  This is distinguised from illegal contract zoning by the pre-set price (if the governing board has not pre-set the price, a landowner buying their way out will be illegal contract zoning).

For example, a city may offer that if a new office building will have a public parking garage on the first two levels, that building may reach three stories above the zoned height.

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Endangered Species Act (ESA)

Endangered Species Act (7 U.S.C. § 136, 16 U.S.C. § 1531 et seq.)

Overview
The Endangered Species Act (ESA) is designed to protect species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation."  This act is designed to protect both the species and “the ecosystems on  which endangered species and threatened species depend.”

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Definition

The Supreme Court case that reaffirmed the aspect of Roe v. Wade (1973) that prohibited states from disallowing abortion prior to viability. However, the Court overruled two aspects of the Roe decision: (1) the trimester distinction and (2) the use of strict scrutiny for judicial review of government regulation of abortions.

Overview

 

Roe v. Wade (1973)

Definition

The Supreme Court case that held that the Constitution protected a woman’s right to an abortion prior to the viability of the fetus; thus, government regulation of abortions must meet strict scrutiny in judicial review.

Overview

Plessy v. Ferguson (1896)

Definition:

The Supreme Court case, since overturned by Brown v. Board of Education (1954), which upheld the constitutionality of “separate, but equal facilities” based on race.

Overview:

Louisiana had adopted a law in 1890 that required railroad companies to provide racially segregated accommodations. In 1892, the state of Louisiana prosecuted Plessy, a man who was 7/8 Caucasian and 1/8 Black, for refusing to leave a passenger car designated for whites.

 

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Sherman Antitrust Act

Definition

A federal anti-monopoly and anti-trust statute, passed in 1890 as 15 U.S.C. §§ 1-7 and amended by the Clayton Act in 1914 (15 U.S.C. § 12-27), which prohibits activities that restrict interstate commerce and competition in the marketplace.

Overview

 

real estate agent

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller, or both) before placing too much trust in the agent's opinion.

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