Is Your Tree Protection Ordinance Constitutional?

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In modern times, tree protection laws and ordinances of all different kinds are found in many jurisdictions. But if a law or ordinance conflicts with the fundamental rules of a state or federal constitution, then the law is invalid to the extent of conflict. This presentation discusses a sampling of the constitutional challenges that have tested various tree protection laws in the U.S. courts, both successfully and unsuccessfully. Topics include takings, substantive and procedural due process, equal protection, excessive fines, search and seizure, and even freedom of speech rights.

Learning Objectives:

1. Identify eight different arguments challenging the constitutionality of a tree ordinance and why each was successful or unsuccessful
2. Explain the difference between a constitutional and unconstitutional exaction
3. Explain the level of deference courts give a municipality’s ordinance under a “police power” challenge

Approved for one ISA CEU.

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