Before buying and developing land, a religious organization should look at the zoning of land to determine if the use is permitted. If challenged by a City, consider the application of the Religious Land Use and Institutionalized Persons Act.
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Consideration of the Religious Land Use act and Zoning
Before buying, leasing or renting space, a property development team for a religious institution needs to be aware of the “zoning” land use designation of the land it seeks to use for worship. Zoning is the legal authority granted to local governments from a state through its constitution and enabling legislation that gives the community the ability to regulate the use of land within its boundaries. Communities have the ability to designate areas of land for agricultural, residential, commercial and industrial uses in certain areas (also know as districts) that provides for the quality of life it desires. A local zoning ordinance generally consists of a map, showing how the different areas of a community are zoned for different use districts or zones, and rules that explain the zoning rules that apply in each zoning district.
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Applying RLUIPA
A nearly unanimous Congress leveled the playing field allowing religious uses to locate where similar assembly uses are permitted when it enacted the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) 42 USC 2000cc. Broadly speaking, RLUIPA provides that Churches and other religious assemblies cannot be discriminated against, placed on less than equal terms or totally excluded by a government. Most importantly, a Church’s religious exercise may not be substantially burdened by such an entity without a compelling governmental interest. Congress provided four separate causes of action under RLUIPA.
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