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<br />JUD~CIAL REACTION <br /> <br />OfJ231P, <br />-39 <br /> <br />5-310 <br /> <br />€~ <br /> <br />CHAPTER III <br /> <br />JUDICIAL REACTION TO SELBCTED ISSUES IN SUBDIVISION <br /> <br />CONTROL OF FLOOD HAZARD AREAS <br /> <br />310. GENERAL LEGAL REQUlRE~lliNTS <br /> <br />Subdivision regulations must conform to general legal re- <br /> <br />nuirementswhich are di, scussed in Volume One Parts II and III of this <br />... , ' ) . <br />report. Some of the principal requirements are: (1) the <br /> <br />regulations must be authorized by an appropriate enabling <br /> <br />statute.l This requirement is discussed in Part II. (2) The' <br /> <br />regulations must be adopted to serve valid police power <br /> <br />2 <br />objectives. See Volume One/Part III, Chapter 2. <br /> <br /> <br />(3) The regulations must ha~e some <br /> <br />. reasonable tendency to. aid in the accomplishment. of the regu- <br /> <br />latory goals.3 See Part III, Chapter 3. <br /> <br />( 4) . The regulations <br /> <br />must not discriminate between similarly situated individuals.4 <br /> <br />."'",-.". <br />t.~~~:?~:~~ <br /> <br />(5) The regulations must not "take" private property without <br />payment of just compensation;5 See Part III, Chapter 4, <br />The basic enabling statutes and ordinanceS6enjoy a <br />strong presumption of constitutionality. Discretionary action <br />of municipal planning boards or administrative agencies also <br />enjoys a presumption of correotness and determinations wiIl be <br />overturned only if they exceed., delegated powers, deny consti- <br />tutional rights, or are without basis in fact.7 A landowner <br />must, show that regulations are unreasonable as to speCific <br />, property. 8 <br /> <br />!!'he follOl'1ing discussion highlights and Sitlw1ements: pre- <br />