I apologize beforehand if this is the wrong forum but I didn't believe I would get as strong an answer in the Student Lounge.
For my Land Use Law final there is a fictitious fact pattern concerning a deed restriction in a new development (built after a condemnation, urban renewal project) that allows only families with 5 of more children to buy property.
Now I understand that restrictive covenants can cover what color you're allowed to paint your house, how many pets you have, etc. etc., as long as they are not racially discriminatory in nature. That being said:
1- Who would have to place this deed restriction? The local government or the developer.
2- Is there a legal foot to stand on here? Could this be considered a taking for former residents asked to move out for the redevelopment of the site.
Thank you in advance for any help or advice