Freedom of religion is one of the most protected rights in the United States. Among the laws that uphold this right are the

The Purpose of RLUIPA

Congress created RLUIPA to address the need for expanded religious protection in the area of land use. RLUIPA helps to increase the ability of religious institutions to exercise their objectives without facing restrictions when it comes to the use of their property. The lawmakers who made this law argued that religious assemblies are unable to function without a physical space adequate to their needs and religious requirements.

RLUIPA also helps to protect the right to religious exercise for institutionalized people. Because institutionalized individuals were often denied the chance to practice their religious beliefs, Congress wanted to make sure that there is a sufficient number of opportunities to do so.

The Land Use Laws of RLUIPA

RLUIPA prohibits zoning and other land use restrictions that substantially burden the religious exercise of churches as well as other religious assemblies. This prohibition applies in situation in which:

• The state or government entity imposing the burden receives financial funding
• The substantial burden affects interstate commerce
• The substantial burden rises from the state or local government’s formal or informal procedures
• The procedure applies to churches, religious schools, and other religious organizations

The Institutionalized Persons Provision of RLUIPA

RLUIPA’s institutionalized persons provisions are designed to keep officials from placing arbitrary restrictions on the practice of religious beliefs. Prisoners lose certain rights upon their imprisonment, but always maintain First Amendment rights. RLUIPA, however, prohibits regulations that impose a substantial burden on prisoners’ religious exercise. Regulations that are classified as a substantial burden are only permitted if the government is able to meet the standard that the regulations are the least restrictive way to achieve a compelling interest.

How RLUIPA is Applied by Courts

Courts review RLUIPA cases with five principles in mind:

• Religious organizations benefit the public welfare.  
• A refusal exists to second-guess legitimately held religious beliefs.
• Local ordinance boards that are responsible for implementing zoning laws must make sure to follow every effort to accommodate religious use
• Religious use of land can not be prohibited in a residential area; the prohibition of religious use of land in a commercial area is uncertain
• There are many legitimate reasons behind zoning, but taxing is not one of them

Speak with an Experienced Land Use Attorney

If you are part of a religious congregation that is subject to discriminatory zoning laws, you should not hesitate to obtain the assistance of an experienced zoning law attorney. The attorneys at Resnick Law are also prepared to help individuals whose rights have been violated under RLUIPA. Contact our law office today to schedule an initial free case evaluation.

(image courtesy of Isaac Ordaz)

While enacted by locally elected officials, did you know the state Constitution provides that citizens of municipalities in Michigan have the legal right to submit petitions challenging new zoning laws? Even before new zoning laws are enacted, state law requires that certain processes are followed and notices are given to ensure due process is followed. (Two related statutes are the Michigan Zoning Enabling Act and the Michigan Open Meetings Act.)

Generally, a new zoning ordinance or amendment goes into effect seven days after a notice of adoption is published in a newspaper of general circulation in the community. If a citizen wants to challenge a new law, as is any resident’s right, time is of the essence. The process also varies depending on the type of government enacting the restrictions.

Challenging a Township or County Zoning Ordinance

For a township or county zoning ordinance, citizens have seven days to file a notice of intent for a petition challenging the zoning law. With the notice of intent filed and the effective date of the ordinance or amendment on hold, citizens then have 30 days to submit a petition to the clerk with a specified minimum number of signatures. (The amount of signatures must be no less than 15 percent of the total vote cast for governor within the jurisdiction at the preceding general election. The clerk will generally let you know the required number of signatures needed.)

If a petition is filed within 30 days and the clerk determines it meets eligibility, the ordinance or ordinance amendment will then be placed on the ballot for voters to decide at the next regular election, or a special election called for that purpose. Should a majority of voters vote in favor of the ordinance or amendment, it then becomes law; anything less and the amendment or ordinance becomes invalid.

Challenging a City or Village Zoning Ordinance

Known as a protest petition, property owners in a city or village may challenge a new zoning amendment anytime before the municipal legislative body takes final action on the proposed change.

A protest petition must be signed by at least 20 percent of the landowners affected by the proposed change. If a protest petition is received and validated by the clerk, the legislative body can only enact the ordinance with a successful supermajority vote (usually a two-thirds majority, unless a larger vote — not to exceed three-fourths — is required) in favor of the zoning amendment for it to become law.

Not Everything is Challengeable

The one challenge that is beyond an individual citizen’s rights is to undo what has already been done. In other words, there is no statutory authority for Michigan citizens to petition for the repeal of zoning after it has been adopted and become law. What it all means for landowners — and those who demand a say in local land governance within their community — is that you have a voice. If there are proposed zoning restrictions you don’t agree with, you have the legal right to challenge them.