What is RLUIPA Substantial Burden on a Church, Anyway?

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When a governmental land use regulation imposes a substantial burden on churches, RLUIPA requires that the government show that it has a compelling interest and is meeting that interest in the least restrictive way. So initially it's important to know how to define "substantial burden." A recent Fourth Circuit case that held in favor of the church has some interesting discussion on what standards to apply.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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