Urban Law Annual ; Journal of Urban and Contemporary Law Volume 39 January 1991 Zoning for Dollars: New Rules for an Old Game? Comments on the Municipal Art Society and Nollan Cases Jerold S. Kayden Follow this and additional works at: https://openscholarship.wustl.edu/law_urbanlaw Part of the Law Commons Recommended Citation Jerold S. Kayden, Zoning for Dollars: New Rules for an Old Game? Comments on the Municipal Art Society and Nollan Cases, 39 Wash. U. J. Urb. & Contemp. L. 3 (1991) Available at: https://openscholarship.wustl.edu/law_urbanlaw/vol39/iss1/2 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Urban Law Annual ; Journal of Urban and Contemporary Law by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. ZONING FOR DOLLARS: NEW RULES FOR AN OLD GAME? COMMENTS ON THE MUNICIPAL AR T SOCIETY AND NOLLAN CASES Jerold S. Kayden * Faced with mounting social needs and continuing fiscal constraints, more and more cities "mint" money through their zoning codes to fi- nance a wide array of public amenities. Through the land use regula- tory technique formally known as "incentive zoning," cities grant private real estate developers the legal right to disregard zoning restric- tions in return for their voluntary agreement to provide urban design features such as plazas, atriums, and parks, and social facilities and services such as affordable housing, day care centers, and job training. Since its inception some thirty years ago,' incentive zoning has enjoyed broad support from developers and their attorneys, avoiding the legal challenges commonly brought against land use regulations requiring * A.B.