due process

Due process clause comes from the Fifth Amendment that “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The first clause is called due process clause, and the second taking clause. The Fourteenth Amendment essentially repeats the same clause, but applies to the states and their creatures -- local governments.

According to Land Use Planning and Development Regulation Law by Julian Conrad Juergensmeyer and Thomas E. Roberts, there are two types of due process: substantive due process and procedural duo process. “Substantive due process limits the exercise of the police power by requiring that a land use regulation promote the health, safety, morals, or general welfare by a rational means. It protects against arbitrary or capricious actions.” However, compared to substantive due process which deals with “why a deprivation occurred,” procedural due process “asks how the deprivation came to be.” Procedural due process attaches to administrative and quasi-judicial decisionmaking, rather than legislation which substantive due process attached to. An example of procedural due process is a proper notice on public hearing during the rezoning process.