期刊名称:Urban Law Annual ; Journal of Urban and Contemporary Law
出版年度:1977
卷号:13
期号:1
页码:15-48
出版社:Washington University School of Law
摘要:This Article will first briefly examine legislation in several states concerning the designation and management of areas of particular concern. Attention will be focused on the North Carolina statute, which lodges much of the responsibility for critical area planning and management in a state-level administrative body. Secondly, two broad areas of legal problems-the limitations of administrative law and the constitutional restrictions of due process and equal protection as they apply to these administrative processes-will be discussed in light of the North Carolina planning scheme. A third section will discuss the troublesome taking problem and how agencies can minimize the risk that their actions will be found to be unconstitutional takings for public purposes without just compensation.