Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.
John R. Nolon & Jessica A. Bacher, Regulatory Takings: Governments Can Avoid Successful Challenges, N.Y. L.J., Aug. 20, 2003, at 5, http://digitalcommons.pace.edu/lawfaculty/695/.