Re:High housing costs may be California's biggest problem
by dragonwriter on Tuesday May 14, 2024 @12:39AM
(#40351658)
> The thing that would really do the trick is overturning Euclid v. Ambler, and really only SCOTUS or Congress can do that.
Congress really can’t (the existing federal judiciary would be more likely to find any federal legislative attempt to limit local zoning a violation of the 10th Amendment than to give it effect); SCOTUS could, either directly or collaterally, but it seems unlikely (for one thing, to even make it to the merits you’d probably need someone who took ownership when the property wasn’t subject to zoning restrictions and where a claim wouldn’t be time-barred given the length of time since the zoning rule was enacted; its not 1922 anymore, and the problem isn’t new zoning.)
Congress could propose an amendment to overturn it – or to more directly limit zoning – but it would take a supermajority of states to sign on to give it effect, and if you had that, well, you’d probably have a supermajority of states limiting zoning without federal intervention, too.
Congress really can’t (the existing federal judiciary would be more likely to find any federal legislative attempt to limit local zoning a violation of the 10th Amendment than to give it effect); SCOTUS could, either directly or collaterally, but it seems unlikely (for one thing, to even make it to the merits you’d probably need someone who took ownership when the property wasn’t subject to zoning restrictions and where a claim wouldn’t be time-barred given the length of time since the zoning rule was enacted; its not 1922 anymore, and the problem isn’t new zoning.)
Congress could propose an amendment to overturn it – or to more directly limit zoning – but it would take a supermajority of states to sign on to give it effect, and if you had that, well, you’d probably have a supermajority of states limiting zoning without federal intervention, too.