Land Use Regulations (662b)

This course explores the major American legal tools for public regulation of land uses and land development. We will begin the background of nuisance law and eminent domain, and then turn to one of the fundamental devices for land use regulation, zoning, along with some variations on zoning (variances, special use permits, planned unit developments, etc.). We will take up the kinds of challenges that neighbors and developers make to zoning, including claims of special hardships, vested rights, property takings, "spot zoning," etc. Then we will turn to more advanced topics: Various forms of aesthetic regulation, along with their First Amendment implications; subdivision regulation and its use for financing urban infrastructure; reform proposals for better planning and for the management of regional social needs. Finally, time permitting, the influence of environmental regulation on land use controls in such areas as smart growth, impact analysis, and special regulation for environmentally sensitive areas.