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Real Estate Law, 8th Ed.
by Marianne M. Jennings
Chapter 19
Constitutional Issues
in Real Estate
1 of 5
Eminent Domain: Takings
 Proper purpose: public purpose
 Taking or regulating
 Just compensation
2 of 8
Fair Housing Act
 Categories protected by the statute:
 A handicap is a mental or physical
impairment that limits one or more major
life activities.
 Impairments in sight, mobility, and hearing
 Mental illness, heart disease, cancer,
cerebral palsy, multiple sclerosis, diabetes,
AIDS, HIV, and treatment for substance
 Not covered: smokers and current drug
3 of 8
Fair Housing Act
 Exemptions
 Owner
 Religious organizations
 Senior citizen age restrictions
4 of 8
Fair Housing Act
Prohibited Activities
 Steering
 Blockbusting
 Redlining (applies to lending,
appraisal, and insurance as well)
5 of 8