In the context of a private property system, land use planning and land use control raise interesting philosophical and political questions. This course focuses on the pragmatic (rather than theoretical) aspects of contemporary land use law and policy and explores the following: nuisance as a land use tool and foundation for modern land use law; use and abuse of the "police power" (the legal basis for land use control); zoning flexibility; vested property rights, development agreements, and takings; redevelopment; growth control; and direct democracy. Throughout the course, we explore how land use decisions affect environmental quality and how land use decision-making addresses environmental impacts. The course also focuses on balancing legal, political, economic, and public interest considerations in land use advocacy and decision-making.
Special Instructions: Student participation is essential. Roughly two-thirds of the class time will involve a combination of lecture and classroom discussion. The remaining time will engage students in case studies and simulations based on actual land use issues and disputes. This course is open to graduate students from other departments.