LAW-2421 Land Use: Law and Practice
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 owners settled expectations, or an infringement upon the owners civil liberties. It also considers land use issues from the other side, examining the rights of those, frequently neighbors, who oppose the landowners 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.