The Euclid Proviso

Authors

Ezra Rosser, American University Washington College of Law

Document Type

Article

Publication Date

2021

Journal

Washington Law Review

Journal ISSN

0190-8782

Volume

96

Issue

3

First Page

811

Last Page

880

Abstract

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and economic status quo, it is time for scholars and policymakers to move away from traditional zoning and towards more permissive regional or state approaches to housing development

Recommended Citation

Ezra Rosser, The Euclid Proviso, 96 Washington Law Review 811 (2021).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1990