Mandatory Inclusionary Zoning Violates The 5th Amendment...

Tiffany Mason December 7, 2016 BUS 201 – Brown The Unconstitutionality of Inclusionary Zoning Mandatory inclusionary zoning violates the 5th and 14th Amendments. Lack of affordable housing across the country is an issue that has gained national attention, and some areas in the country have resorted to zoning strategies to address the problem. For example, builders in Seattle who take advantage of the Incentive Zoning program will receive additional floor area in exchange for including affordable housing units in their developments (Director’s Rule, 2015). In contrast, mandatory inclusionary zoning is the unconstitutional practice of requiring private developers to include a specified percentage of affordable housing in their projects (Lerman, 2006). Mandatory inclusionary zoning violates the Takings Clause of the 5th Amendment. It also violates the life, liberty and property interest protections of Due Process as well as the equal protection provisions under the 14th Amendment. Mandatory inclusionary zoning violates the Takings Clause of the 5th Amendment. The Takings Clause of the 5th Amendment allows for the government to exercise eminent domain. Simply put, the government exercise police power to â€Å"take† property from a private owner for a public use to meet a public need, provided that the private owner is properly compensated (Cross Miller, 2012). Successful arguments against a â€Å"taking† would focus on whether there was a legitimate purpose for the taking,