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The Federal Religious Land Use and
Institutionalized Persons Act was signed into law on September 22, 2000. This
law states that:
No government shall impose or
implement a land use regulation in a manner that imposes a substantial burden on
the religious exercise of a person, including a religious assembly or
institution, unless the government demonstrates that imposition of the burden on
that person, assembly, or institution
(A) is in furtherance of a
compelling governmental interest; and
(B) is the least restrictive
means of furthering that compelling governmental interest.
This law
ensures that all land use laws further a legitimate municipal purpose and does
so in the least restrictive way. This provides municipalities the ability to
properly zone for these land uses but requires a carefully crafted zoning
ordinance. The law also ensures that religious facilities can exist with the
least restricted governmental regulations imposed, or municipalities may be
brought to court. Kasler Associates, PA has represented five religious
facilities in northern New Jersey in the recent years.
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