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Land Use Attorneys
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Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

Understanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses

  • March 1, 2010
  • by Daniel P. Dalton

The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]

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Understanding RLUIPA – the Non-Discrimination Clause

  • February 21, 2010
  • by Daniel P. Dalton

The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation

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Understanding RLUIPA – the Equal Terms Provision

  • February 18, 2010
  • by Daniel P. Dalton

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal […]

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Defining “Substantial Burden” within RLUIPA

  • February 14, 2010
  • by Daniel P. Dalton

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from […]

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What is the Religious Land Use and Institutionalized Persons Act (“RLUIPA”)?

  • February 11, 2010
  • by Daniel P. Dalton

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. Churches traditionally located in residential areas and the model […]

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