American Bar Association

 

ADOPTED BY THE HOUSE OF DELEGATES
February 1992

 

BE IT RESOLVED, That the American Bar Association recommends:

1. In site specific zoning cases, administrative and judicial processes established by law should be followed and state and territorial legislatures should not authorize, or if necessary, should prohibit initiative or referendum in such cases.
2. In states or territories which have the right of initiative and referendum, a proposal which is inconsistent with a community's land use plan should not be allowed on the ballot or the legislature should enact legislation which provides that the initiative or referendum must directly amend the plan to resolve such inconsistency and the ballot proposition must specifically state that adoption of the ballot proposition will result in an amendment to the community's land use plan.