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    Land Use Regulation: Cases and Materials

    ISBN-10: 1454810122
    ISBN-13: 9781454810124
    Author(s): Daniel P. Selmi, James A. Kushner, Edward H. Ziegler
    Description: This dynamic casebook focuses on the role of the lawyer in land use regulatorymatters and the factors that influence land development decisions. Itemphasizes the current practice of land use law and cutting-edge urbanplanning and sustainable  More...
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    List Price: $187.00
    Publisher: Aspen Pub
    Binding: Cloth Text 
    Pages: 1080
    Size: 7.75" wide x 10.00" long x 2.00" tall
    Weight: 4.312
    Language: English

    This dynamic casebook focuses on the role of the lawyer in land use regulatorymatters and the factors that influence land development decisions. Itemphasizes the current practice of land use law and cutting-edge urbanplanning and sustainable development legal and policy issues.The Fourth Edition introduces a wealth of new cases and materialscovering such diverse topics as the rights of religious landowners, recenttakings law, the effects of the fiscal crisis on local and municipal land useregulations, regulation of green energy projects and other environmentalland-use issues, local zoning to regulate marijuana dispensaries and thecontinuing ethical challenges in the administration of local land useregulations.Hallmark features of Land Use Regulation: Cases and Materials:• Clear, practice-based emphasis on the lawyer’s role in landdevelopment.• Highly diverse source material includes news articles, lawreview articles, essays, case profiles, and examples of pertinent documents.• Emphasis on most current material and recent cases toconvey the dynamic context of land use law.• Examines the relative contributions of law, local governmentdiscretion, and politics in the decision-making process around land usequestions.• Comprehensive treatment of third-party rights in landdevelopment as individuals or organized groups position themselves inopposition to planned development .• Exploration of ethical issues that arise in land usedecision-making.• Flexible structure allows instructors to teach the basictools of land use regulation and then choose to emphasize specificareas of modern land use law .• Comprehensive Teacher’s Manual .Thoroughly updated, the revised Fourth Edition presents:• The continuing development of the "public use" question in takingslaw after Kelo, including the legal disputes over when land issufficiently "blighted" to legally support programs by redevelopment agencies,as in the New York Goldstein and Kaur decisions, and the Supreme Court's mostrecent takings decision, Stop the Beach Renourishment.• The intersection of land use and First Amendment rights,particularly the interplay with the Free Exercise and Establishment Clauses.• The steady flow of cases interpreting the rights of religiouslandowners under the Religious Land Use and Institutionalized Persons Act.• The effects of the fiscal crisis on local government land useregulations .• The land use effects of “shrinking" cities .• Land use regulation of green energy projects, particularly thesiting of windmill farms and transmission line corridors.• Municipal land use policies that will limit greenhouse gasemissions and implement sustainable development, such as transit-orientedprojects .• The development of hybrid "public-private" communitiesthat use a combination of common law and public regulations .• The effects of using development agreements .• The continuing ethical c

    Summary of Contents
    The Regulatory Setting: Land, Ethics, and Players
    Subdivision Regulation
    Financing and Developing of Infrastructure
    Judicial Review of Land Use Decisions
    The Taking Clause: The Fifth Amendment
    The First Amendment: Free Speech and Freedom of Religion
    Regional, State, and Federal Limitations on Local Land Use Decisionmaking
    Alternative Models for Land Use Decisionmaking
    Growth Management
    Securing a Sufficient Housing Supply
    Housing and Discrimination
    Environmental Protection
    Urban Redevelopment, Economic Development, and Anti-Competitiveness
    Siting Unpopular Land Uses
    Protection of Cultural and Aesthetic Values

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