Property is not a fundamental right entitling those alleging
state deprivation to heightened scrutiny under the due process clause. Village
of Belle Terre v.
Boraas, 416 U.S. 1, 7-8 (1974) (declining to apply hightened scrutiny in challenge
to zoning orginance because property is not a fundamental right).
The large collection of judicial opinions evaluating zoning and other restrictions
on property use, consistently applying a rational-relationship test, rather than
heightened scrutiny, reinforce this conclusion.