Amicus Brief: California Building Industry Ass’n vs. City of San Jose
BY BRADEN H. BOUCEK, Beacon Center, October 19, 2015 - We joined this brief in
support of the California Building Industry Association’s request for
the Supreme Court to accept review of the California Supreme Court’s
decision. There, the California Supreme Court upheld the City of San
Jose’s Inclusionary Zoning ordinance that required home builders to sell
a certain percentage of their newly-built homes at below market value.
Our shared position is that this is an unconstitutional exaction,
prohibited under the Constitution’s Takings Clause.
We believe that this issue has great relevance in Nashville and
throughout the state with the growing emphasis on “affordable housing,” a
major issue in the Nashville mayoral race. Nashville is expected to add
1 million people over the next twenty years. The cost of housing has
skyrocketed in many neighborhoods. The City Council voted to draft
mandatory inclusion zoning proposal, currently in the works, that, like
the San Jose law, would require a certain percentage of newly built
homes be priced as affordable. Unconstitutional inclusionary zoning laws
are sure to be an issue in the very near future for all Tennesseans,
and the Beacon Center intends on insisting that any municipalities stay
within constitutional parameters and respect the property rights of
Tennesseans.
Top Stories
Posts
No comments:
Post a Comment