Land Use Regulation: Cases & Materals, Second Edition

Overview

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 modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, is equally well suited for courses in land use and land development.

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Overview

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 modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, is equally well suited for courses in land use and land development.

When you examine this concise casebook, be sure to notice its:

  • Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters.
  • Plentiful materials — news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field.
  • Emphasis on the most current material and recent cases to convey the dynamic context of land use law.
  • Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions.
  • Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates.
  • Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society.
  • Clear and practical explanations of the lawyer's role.
  • Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide

For the Second Edition, the authors have refined and improved their casebook by incorporating:

  • deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) and the academic debate over the origins and reach of takings law.
  • New cases of First Amendment protections: City of Los Angeles v. Alameda Books, the Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions.
  • New information on the economics of land use.
  • A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction to the field.
  • A completely updated section on smart growth, sprawl, and sustainable development.
  • Expanded coverage of private law instruments, such as development agreements.
  • New materials on annexations and redevelopment law.
  • Cases chosen for their teaching value.

Land Use Regulation: Cases and Materials, Second Edition, is an excellent vehicle for giving students a realistic look at the modern practice of land use law.

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Product Details

  • ISBN-13: 9780735527164
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/28/2004
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 783
  • Product dimensions: 7.10 (w) x 10.00 (h) x 1.30 (d)

Table of Contents

Preface
Acknowledgments
Pt. 1 Introduction to Land Use Controls 1
Ch. 1 The Regulatory Setting: Land, Ethics, And Players 3
Pt. 2 The Land Use Regulatory Tools 41
Ch. 2 Zoning 43
Ch. 3 Subdivision Regulation 113
Ch. 4 Financing and Development of Infrastructure 161
Ch. 5 Planning 209
Pt. 3 The Limits of Current Land Use Regulation 251
Ch. 6 Judicial Review of Land Use Decisions 253
Ch. 7 The Takings Clause: The Fifth Amendment 315
Ch. 8 The First Amendment: Free Speech and Freedom of Religion 365
Ch. 9 Regional, State, and Federal Limitations on Local Land Use Decisionmaking 405
Ch. 10 Alternative Methods for Land Use Decisionmaking 457
Pt. 4 Balancing Growth Management and the Need for Housing 515
Ch. 11 Growth Management 517
Ch. 12 Securing a Sufficient Housing Supply 571
Pt. 5 The Use of Land Use Controls to Effectuate Governmental Policy Objectives 613
Ch. 13 Housing and Discrimination 615
Ch. 14 Environmental Protection 653
Ch. 15 Urban Redevelopment, Economic Development, and Anticompetitiveness 705
Ch. 16 Siting Unpopular Land Uses 755
Ch. 17 Protection of Cultural and Aesthetic Values 797
Table of Cases 831
Index 845
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