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Church Property - Part 1

A city ordinance requiring a church to "tap in" to a city sewer line, at a substantial cost, did not violate the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) or the First Amendment.

Key point. The federal Religious Land Use and Institutionalized Persons Act prohibits state and local governments from imposing a land use regulation in a manner that imposes a substantial burden on the exercise of religion unless the regulation is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

* A federal appeals court ruled that a city ordinance requiring a church to "tap in" to a city sewer line, at a substantial cost, did not violate the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) or the first amendment. In 1984 a city enacted a "mandatory tap-in ordinance" that required any building located within 150 feet of any sewer to connect to it if so directed. In 2003 the city notified a church that it had completed construction of a sewage extension project and that ...

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Posted:
  • November 1, 2005

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