Fall 2017 Course Schedule

Land Use Regulation (CANCELLED) (LAW-730-001)
Barlow Burke

Meets: 01:30 PM - 02:50 PM (CANCELLED) - Room Y404

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Welcome to Land Use Regulation. Today land use planning law is a “hot button” topic. First, affordable housing, financing of public facilities and infrastructure, growth control, energy conservation, historic preservation, transfer of development rights, and preservation of natural resources and the environment are some of the unresolved, interrelated, and difficult issues confronted by land use agencies at all levels of government and in the courts. Second, “takings” has emerged as a major land use issue. Many more than a dozen takings cases have been decided by the Supreme Court since 1978. This course provides you with insights into the important policy and legal issues in both these areas. Further, appearances by attorneys in land use proceedings – both administrative and judicial – have become an important component of the private practice of real estate law. The time of pro se appearances by property owners is past. This offers you both substantive and practice-oriented insights regarding its subject.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

The required casebook for Planning Law portion of the course is S. E. Sterk, E.M. Pennalver, & Sara Bronin, Land Use Regulation: Cases and Materials (Fdn. Press, 2d ed., 2016), ISBN 978-1-62810-129-4. Most (but not all) of the assigned cases are in this casebook. Also useful, but not required is J.C. Julian C. Juergensmeyer & Thomas E. Roberts, Land Use Planning and Development Regulation Law, West Publishing Co., 3d ed., 2013) and Delaney, Abrams & Schnidman, Land Use Practice and Forms: Handling The Land Use Case (two volumes on library reserve as well as an earlier, one-volume version). Supplemental practice materials and a package of supplemental assigned cases are supplied at cost.

First Class Readings

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