A practical resource for handling typical land use problems, this book brings together all applicable land use doctrines in a succinct, easy-to-use format. A useful reference for real estate specialists, general practitioners, and planning officials alike, Land Use Regulation provides a general outline of land use law for the practicing attorney and municipal official, supplying both practical and academic experience. Organized by areas encountered in a typical practice, the book features numerous examples drawn from around the country to highlight areas of importance. Clearly written and accessible, the book supplies valuable practice tips and advice for handling each aspect of the land use regulatory systems. Topics range from land use planning and zoning to constitutional restrictions on land use regulation, the local approval process and regulating specific uses. Other topics cover focused issues such as subdivision regulations, overcoming barriers to affordable housing, environmental land use regulation, and more.
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences. Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
Dick Netzer, a leading public finance economist specializing in state and local issues and urban government, brings together in this comprehensive volume essays by top scholars connecting the property tax with land use.
This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.
This comprehensive and clearly written Understanding treatise addresses zoning, land use, and environmental regulation in a national, jurisdiction-independent manner. Understanding the Law of Zoning and Land Use Controls is divided into the following six parts: Part 1: Fundamental Concepts: The Police Power, Takings, and Zoning Part 2: The Zoning Forms of Action Part 3: Economic Discrimination and Zoning Part 4: Wetlands and Beaches Part 5: Regulating the User, Not the Use Part 6: Halting an Owner's Further Regulation The book also includes a glossary of Land Use Terms.
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger. In addition to chapters by editor Cary Coglianese, and a foreword by Jim Ellis, president and chief executive officer of the Alberta Energy Regulator, contributors include Robert Baldwin (London School of Economics and Political Science), John Braithwaite (Australian National University), Angus Corbett (University of Pennsylvania), Daniel Esty (Yale University), Adam Finkel (University of Pennsylvania and University of Michigan), Ted Gayer (Brookings Institution), John Graham (Indiana University), Neil Gunningham (Australian National University), Kathryn Harrison (University of British Columbia), Bridget Hutter (London School of Economics and Political Science), Howard Kunreuther (Wharton School at the University of Pennsylvania), David Levi-Faur (Hebrew University of Jerusalem), Shelley H. Metzenbaum (Volcker Alliance), Donald P. Moynihan (University of Wisconsin–Madison), Paul R. Noe (American Forest and Paper Association), Gaurav Vasisht (Volcker Alliance), David Vogel (University of California–Berkeley), and Wendy Wagner (University of Texas School of Law).
A discussion of current trends in the constitutional protection of economic liberties. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention. --From publisher description.
This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.
Distinguished authorship characterizes Land Use Controls: Cases and Materials. Robert Ellickson is Professor of Law at Yale and author of several books and many law review articles dealing with land development and property. Vicki Been is Professor of Law at NYU and a highly respected scholar and authority on the takings clause, impact fees, and environmental justice. Their interdisciplinary approach weaves historical, social, and economic perspectives through broad legal coverage. Concise but comprehensive treatment of the legal issues in the private and public regulation of land development includes advanced topics such as environmental justice, building codes and subdivision regulations, and the federal role in urban development. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. Joining the team for the Fourth Edition are Roderick M. Hills (New York University) and Christopher Serkin (Vanderbilt), whose publications have appeared in many leading law reviews, including the Columbia Law Review and the Harvard Law Review. . The Fourth Edition introduces new material on sustainable development as well as a new focus on the mechanics of modern zoning regulations. Post-Kelo eminent domain reform efforts are discussed, and there are expanded comparisons with foreign law. Recent constitutional rulings are covered, including treatments of judicial takings and the Dormant Commerce Clause. Notes are thoroughly updated with recent cases, law review literature, and empirical studies. Thoroughly updated, the revised Fourth Edition presents: two new co-authors: Roderick M. Hills, Professor of Law at New York University School of Law and author of numerous law review articles, focusing on local government law and issues of federalism Christopher Serkin, Professor of Law at Vanderbilt Law School and author of numerous law review articles,focusing on local governments, eminent domain, andthe takings clause new material on sustainable development new focus on the mechanics of modern zoning regulations Post-Kelo eminent domain reform efforts expanded comparisons with foreign law updated notes, with recent cases, law review literature, and empirical studies
"well worth reading and should be of interest and value to teachers of land use and urban analysis, planning practitioners, public officials involved in land use regulation, citizen groups, and concerned individuals." Shirley F. Weiss, University of North Carolina at Chapel Hill
This work highlights the multiple, often overlooked, and frequently misunderstood connections between land use and development policies and policing practices. In order to do so the book draws upon multiple literatures as well as concrete case studies to better explore how these policy arenas intersect and conflict.