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Course Listing

Legislation and Policy: Land Use Planning and Zoning Law (3 cr)
LAW 610
The course on Land Use Planning and Zoning Law involves the study of the public regulation of private market land transactions. The focus is on regulating the use of land rather than who owns it or the form in which it is owned. Regulation of use is critical as it has direct implications for the value of property in the marketplace. For this reason land use regulation can become controversial as zoning and planning requirements shift value between properties, and thus, impact the value of a property owner’s investment. From a market perspective, one can understand land use planning and zoning as the domain of regulating and controlling externalities; that is, controlling for spillover effects that private parties are generally not able to coordinate on their own using private market mechanisms. In exploring the limits of private coordination of land uses, land use law establishes the legal foundation for permitting the government to tell individuals what they can and cannot do with their property. Moreover, land use regulations can have implications for free speech, religion, the rights of association, affordable housing, the Americans with Disabilities Act, the clean water act, the clean air act, and a variety of other important legal considerations. .

Course coverage includes examination of basic land use and zoning law. This includes basic zoning, density controls, variances, exceptions, special uses, exactions, inclusionary and exclusionary zoning, and takings law issues. Zoning is an administrative process and the course will cover the requirements for understanding an administrative proceeding in the specific practice area of zoning, and the standards applicable to the review of local government regulation when appealed to a court. The course serves as an applied course in administrative law and covers topics that every lawyer doing local government law, property development, real estate transactions, and zoning and planning will need to know.

Taught By:
Robin Paul Malloy