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date: 22 January 2020

Abstract and Keywords

This article provides an overview of the economic and legal issues surrounding exclusionary land-use policies. It begins by exploring the economic means and motivation for adopting and enforcing exclusionary land-use policies. It then examines the legal context surrounding exclusionary land-use policies and explores tools for detecting and measuring the extent of exclusion perpetuated by local governments. Local governments may choose to adopt exclusionary policies for a variety of rationales, ranging from fiscal to purely discriminatory purposes. Furthermore, policies designed to affect one particular motivation for discrimination will likely not be effective and will invariably influence other motivations to exclude. Finally, the article reveals recent empirical evidence on the impacts of exclusionary land-use policies, and this is followed by a discussion of potential remedies for the exclusionary effects of such policies which could be used to identify which local governments would be required to participate in such audits.

Keywords: exclusionary land-use policies, legal context, local governments, remedies, legal issues, economic means

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