Land Use Regulation: Cases and Materals, Third Edition / Edition 3

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This dynamic casebook focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. It emphasizes the current practice of land use law and cutting-edge urban planning and sustainable development legal and policy issues.

A wealth of materials, perspectives, and insights in a concise casebook that offers:

clear and practice-based explanations of the lawyer’s role in land development
a panoply of up-to-date materials from news articles, law reviews, essays, and case profiles that track developments in the field of land use
emphasis on recent cases that convey the dynamic content of land use law
discussion of the decision-making process in land development and the relative decision-making weight of the law, local government, and politics
a thorough examination of third-party rights in land development
exploration of ethical issues that arise in land use decisionmaking
• a logical structure that allows instructors to teach the basic tools of land use regulation and then choose to emphasize specific areas of modern land use law
• a comprehensive Teacher’s Manual

New in the Third Edition:

• co-author Edward Ziegler — nationally recognized expert on zoning, urban planning law, and sustainable development
recent takings cases:

San Remo
• State takings legislation, esp., Oregon’s Measure 37 and MacPherson
Brevard County
• Continuing developments under Palazzolo
Dolan, Lucas, and Penn Central

• updated coverage of growth management and sustainable development issues

• “Smart Growth” and “New Urbanism
Growth, sprawl, green development, peak oil, and global warming issues

federal law and land use: the impact of the Religious Land Use and Institutionalized Persons Act (RLUIPA), The Federal Fair Housing Act , The Americans with Disabilities Act, and the Telecommunications Act of 1996 on local land use decisions
use of negotiated development agreements
current environmental issues:

Rapanos and the jurisdictional wetlands issue under the Clean Water Act
• Use of land use planning to protect endangered species
• The debate over the increase in conservation easements
• The interplay of water supply planning and development approvals

Land Use Regulation: Cases and Materials, Third Edition, is equally well suited for courses in land use and land development as well as planning law classes in the urban planning school curriculum.

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Product Details

  • ISBN-13: 9780735570405
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/25/2008
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 885
  • Product dimensions: 7.20 (w) x 10.20 (h) x 1.90 (d)

Table of Contents

Part I: Introduction

Chapter 1. The Regulatory Setting: Land, Ethics, and Players

Part II: The Land Use Regulatory Tools

Chapter 2. Zoning
Chapter 3. Subdivision Regulation
Chapter 4. Financing and Developing of Infrastructure
Chapter 5. Planning

Part III: The Limits of Current Land Use Regulation

Chapter 6. Judicial Review of Land Use Decisions
Chapter 7. The Taking Clause: The Fifth Amendment
Chapter 8. The First Amendment: Free Speech and Freedom of Religion
Chapter 9. Regional, State, and Federal Limitations on Local Land Use Decisionmaking
Chapter 10. Alternative Models for Land Use Decisionmaking

Part IV: Balancing Growth Management and the Need for Housing

Chapter 11. Growth Management
Chapter 12. Securing a Sufficient Housing Supply

Part V: The Use of Land Use Controls to Effectuate Specific Government Policy Objectives

Chapter 13. Housing and Discrimination
Chapter 14. Environmental Protection
Chapter 15. Urban Redevelopment, Economic Development, and Anti-Competitiveness
Chapter 16. Siting Unpopular Land Uses
Chapter 17. Protection of Cultural and Aesthetic Values

Table of Cases

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