Controversial new Utah law limits land use initiative and referenda

The Saint ReportPlanning and Zoning, saintblog0 Comments

salkin A new law signed by Utah Governor Huntsman prohibits the use of local initiatives for land use ordinances or changes in land use ordinances, and it prohibits voters from requiring that the implementation of a land use ordinance be submitted to the voters.

The new law comes as other states, like Florida, consider a constitutional amendment — such as the Florida Hometown Democracy amendment — to require local referenda if a county or city wishes to amend its comprehensive plans for land use.

Patricia Salkin, associate dean, professor of law and director of the Government Law Center of Albany Law School raises the question in The Law of the Land blog whether Utah has gone too far and whether the public has lost a voice in the planning process. more

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