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Charlesinrichmond t1_iub21ir wrote

Reply to comment by iaalaughlin in Rising mortgage rates will exacerbate the housing situation in RVA by BumbleBeeVomit

Not only would that be insanely complicated it's pretty clearly unconstitutional

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iaalaughlin t1_iub33c5 wrote

How is it unconstitutional?

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Charlesinrichmond t1_iudaxk0 wrote

5th amendment. Takings clause. That's a huge thing to push through the zoning restriction cases which were a bit shakey to begin with

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iaalaughlin t1_iudb0dp wrote

It wouldn’t be taking though. It’s no more a taking than a zoning code.

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Charlesinrichmond t1_iudqso5 wrote

It is more like an extreme zoning. Which is a taking. See the relevant jurisprudence.

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