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Name of Article:
An Ounce Of Preemption Is Worth a Pound of Cure: State Preemption of Local Siting Authority as a Means For Achieving Environmental Equity 
Title of Book/Journal:
Virginia Environmental Law Journal 
Type:
Article 
English Translation:
 
Publication Date:
2002     
Author(s):
Santiago, Tessa Meyer
 Editor(s):
 
Volume:
21 
Issue:
Pages: 71    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
LAND USE
LAW
LOCAL GOVERNMENT
SITING
TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968
Comments:
 
 
 
 
    
 
Annotation:
The author proposes that the remedy for discriminatory siting practices should start with the local land use board. Title VIII might be implicated if a community can support its claim that rezoning allowing inappropriate uses in residential communities is closely related to the "provision of services or facilities" for sale or rental of housing. The author notes that requiring the defendant or applicant to bear the burden of proof in these kinds of cases is consistent with land use law, and the permit applicant would be challenged to meet the burden of proof associated with the normal land use devices that allow non-conforming uses.
 
 
       
 
 
 

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Last updated on Monday, December 2nd, 2002
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