Please ensure Javascript is enabled for purposes of website accessibility

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

4 days ago

Trump Says He’s Willing to Let Migrant Farm Laborers Stay in US

4 days ago

US Electric Vehicle Tax Breaks Will Expire on Sept. 30

4 days ago

Eyeing Arctic Dominance, Trump Bill Earmarks $8.6 Billion for US Coast Guard Icebreakers

5 days ago

Trump’s Sweeping Tax-Cut and Spending Bill Wins Congressional Approval

5 days ago

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

5 days ago

US Supreme Court to Decide Legality of Transgender School Sports Bans

5 days ago

Nvidia Set to Become the World’s Most Valuable Company in History

5 days ago

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

5 days ago
Will US Supreme Court End Inclusionary Zoning?
GV-Wire-1
By gvwire
Published 6 years ago on
October 8, 2019

Share

In a story that largely has flown under the radar, a major case involving inclusionary zoning in California could be heard by the U.S. Supreme Court.
A tip of the hat to City Lab’s Kriston Capps for his story about a fight over inclusionary zoning in Marin County that began in 2000.


Listen to this article:
 


Back in 2000, two Marin County property owners, Dartmond and Esther Cherk, looked to split their undeveloped land into two single-family-zoned lots. As developers, they were liable to preserve some part of the property for affordable housing or pay into a low-income housing production fund. The fee was nearly $40,000; the Cherks sued.” — City Lab reporter Kriston Capps

What Is Inclusionary Zoning?

Inclusionary zoning is the umbrella term for local policies that create affordable housing for lower-income families.
For example, an inclusionary housing program might require developers to sell or rent 10% to 30% of new residential units to lower-income residents at discounted rates.
According to inclusionaryhousing.org, “many, but not all, programs partially offset the cost of providing affordable units by offering developers one or more incentives such as tax abatements, parking reductions, or the right to build at higher densities. … In some cases, developers can choose among alternatives, such as payment of an in-lieu fee or provision of affordable off-site units in another project.”

The Marin County Case

Capps offers this synopsis of the case that reportedly has the interest of the nation’s highest court:
“Back in 2000, two Marin County property owners, Dartmond and Esther Cherk, looked to split their undeveloped land into two single-family-zoned lots. As developers, they were liable to preserve some part of the property for affordable housing or pay into a low-income housing production fund. The fee was nearly $40,000; the Cherks sued.”

Photo of Dartmond and Esther Cherk sitting on a bench
Dartmond and Esther Cherk (Pacific Legal Foundation)
Many years later, the case potentially could cripple efforts in California and elsewhere to increase the supply of affordable housing.
The case potentially could cripple efforts in California and elsewhere to increase the supply of affordable housing.
Writes Capps: “The court has expressed an interest in the case, which the justices may wind up using as a wedge to reshape property rights. It’s possible the inclusionary zoning ordinances — and local regulations more broadly construed — will not stand under the court’s scrutiny.
“Although there’s no guarantee that the Supreme Court will add this case to its decision docket, the justices have signaled their willingness to wade into the divisive zoning debates that punctuate the affordable housing crisis.”
The Pacific Legal Foundation, a nonprofit dedicated to defending property rights, is assisting the Cherks with their case.
You can read Capps’ entire story at this link.

Inclusionary Zoning in the United States

Researchers Emily Thaden and Ruoniu Wang identified 886 jurisdictions with inclusionary housing programs in 25 states and the District of Columbia through 2016. Most were in New Jersey (45%), Massachusetts (27%), and California (17%).
The researchers write: “Although comprehensive data on impact and program characteristics was not available for the majority of programs, the study did find that 373 jurisdictions reported a total of $1.7 billion in impact or in-lieu fees for the creation of affordable housing. Jurisdictions also reported creating a total of 173,707 units of affordable housing, which predominantly excludes additional units
created with the $1.7 billion in fees.”



DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

US Veterans Affairs Will Cut Nearly 30,000 Jobs, Far Fewer Than Planned

DON'T MISS

Houston Astros Donate $1M to Help Recovery From Texas Floods

DON'T MISS

Tucker Carlson Aired Interview With President of Iran

DON'T MISS

California Fails to Stop 23andMe Founder From Re-Acquiring Company

DON'T MISS

Madera County Multi-Agency Effort Leads to Arrest of Felony Suspect in Atwater

DON'T MISS

Fresno Police Arrest DUI Driver During Crackdown on Illegal Street Racing and Sideshows

DON'T MISS

July 4 Weekend Was No Picnic for Fresno-Area Firefighters. How Bad Did It Get?

DON'T MISS

Tulare County Seizes 300 Pounds of Illegal Fireworks Over Fourth of July

DON'T MISS

US Proposes Rules That Could Boost Oil, Gas Output in US West

DON'T MISS

Trump Administration Acknowledges Lack of Evidence From Epstein Documents

UP NEXT

California Fails to Stop 23andMe Founder From Re-Acquiring Company

UP NEXT

US Proposes Rules That Could Boost Oil, Gas Output in US West

UP NEXT

Man Dead After Firing at US Border Patrol Station in Texas

UP NEXT

San Luis Obispo’s Madre Fire Injures 1 Firefighter, Burns Over 80,000 Acres

UP NEXT

Texas Girls’ Camp Mourning Dozens Dead in Floods as Search Teams Face More Rain

UP NEXT

Death Toll From Texas Floods Reaches 78, Trump Plans Visit

UP NEXT

San Luis Obispo’s Madre Fire Grows to Nearly 80,000 Acres, 30% Contained

UP NEXT

Death Toll From Texas Floods Reaches 59, Including 21 Children

UP NEXT

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

UP NEXT

Fresno Crash Involving Unlicensed Teen Driver Sends Woman to Hospital

US Threatens California With Legal Action Over Transgender Sports Law

9 hours ago

US Veterans Affairs Will Cut Nearly 30,000 Jobs, Far Fewer Than Planned

10 hours ago

Houston Astros Donate $1M to Help Recovery From Texas Floods

10 hours ago

Tucker Carlson Aired Interview With President of Iran

10 hours ago

California Fails to Stop 23andMe Founder From Re-Acquiring Company

10 hours ago

Madera County Multi-Agency Effort Leads to Arrest of Felony Suspect in Atwater

10 hours ago

Fresno Police Arrest DUI Driver During Crackdown on Illegal Street Racing and Sideshows

10 hours ago

July 4 Weekend Was No Picnic for Fresno-Area Firefighters. How Bad Did It Get?

11 hours ago

Tulare County Seizes 300 Pounds of Illegal Fireworks Over Fourth of July

12 hours ago

US Proposes Rules That Could Boost Oil, Gas Output in US West

12 hours ago

Netanyahu Nominates Trump for Nobel Peace Prize

WASHINGTON – Israeli Prime Minister Benjamin Netanyahu on Monday told President Donald Trump he had nominated him for the Nobel Peace ...

8 hours ago

Israeli Prime Minister Benjamin Netanyahu looks on during a bilateral dinner with U.S. President Donald Trump (not pictured), at the White House in Washington, D.C., U.S., July 7, 2025. (Reuters/Kevin Lamarque)
8 hours ago

Netanyahu Nominates Trump for Nobel Peace Prize

U.S. President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at the White House in Washington, D.C., U.S., July 7, 2025. (Reuters/Kevin Lamarque)
8 hours ago

Netanyahu Meets Trump at White House as Israel, Hamas Discuss Ceasefire

A wind farm is shown in Movave, California, U.S., November 8, 2019. (Reuter File)
9 hours ago

Trump Executive Order Seeks End to Wind and Solar Energy Subsidies

U.S. Secretary of Education Linda McMahon testifies before a Senate Appropriations hearing on U.S. President Donald Trump's budget request for the Department of Education, on Capitol Hill in Washington, D.C., U.S., June 3, 2025. (Reuters File)
9 hours ago

US Threatens California With Legal Action Over Transgender Sports Law

United States Department of Veterans Affairs logo and U.S. flag are seen in this illustration taken April 23, 2025. (Reuters File)
10 hours ago

US Veterans Affairs Will Cut Nearly 30,000 Jobs, Far Fewer Than Planned

A group of search and rescue workers paddle a boat in the Guadalupe River in the aftermath of deadly flooding in Kerr County, Texas, U.S., July 7, 2025. (Reuters/Sergio Flores)
10 hours ago

Houston Astros Donate $1M to Help Recovery From Texas Floods

10 hours ago

Tucker Carlson Aired Interview With President of Iran

Attendees visit the 23andMe booth at the RootsTech annual genealogical event in Salt Lake City, Utah, U.S., February 28, 2019. (Reuters File)
10 hours ago

California Fails to Stop 23andMe Founder From Re-Acquiring Company

Help continue the work that gets you the news that matters most.

Search

Send this to a friend