LAW-2247 Land Use
This course provides a broad introduction to the theory, history, doctrine, and practical implementation of land use regulations. It begins by discussing why and when government regulation, rather than private market ordering, might be necessary to control land use patterns. It then explores in detail specific topics, including, but not limited to, zoning, homeowners' associations, nuisance, suburban sprawl, exactions, eminent domain and regulatory takings. The course examines the rights that an owner of land has if a particular land use regulation is inefficient, unfairly burdensome, unfairly disruptive of the owner's settled expectations, or an infringement upon the owner's civil liberties. It also considers land use issues from the other side, examining the rights of those, frequently neighbors, who oppose the landowner's plans (these project opponents are often neighbors). Readings will be drawn from the leading cases in the field, relevant legislative and administrative materials, as well as commentary by scholars in the fields of law, architecture, and planning.