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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA)

§ 7.06.04
Key point 7-06.04. 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.

The federal Religious Land Use and Institutionalized Persons Act ("RLUIPA" or "the Act") was enacted by Congress in 2000. The Act, which had been enacted by unanimous consent of both the Senate and House of Representatives, addressed two areas where religious freedom had been threatened: (1) land use regulation, and (2) persons in prisons, mental hospitals, nursing homes and similar institutions.

The Act provides that if a government action substantially burdens the exercise of religion ...

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