Cases and Materials on Land Use (American Casebook Series)

This casebook covers the entire range of land use law and related constitutional and environmental issues. The 8th edition has been thoroughly updated to reflect new caselaw as well as legislative and regulatory trends at the federal, state, and local levels. The 8th edition reflects modern land use policy goals, which include, among others, promoting sustainable development and addressing the extensive impact that land use segregation has had on the distribution of wealth in this country. Chapter One, which sets the stage for the rest of the book, includes nuisance law, restrictive covenants, with new cases on racial covenants and common interest communities, and the development and legal underpinnings of legislative zoning and comprehensive planning. Chapter Two covers the basics of zoning and the classic approach to zoning changes, flexible modern techniques, such as conditional zoning, floating zones, and planned unit developments, the process through which zoning changes are made, and the complexities of non-conforming uses, vested rights, and development agreements. Chapter Three examines federal constitutional issues in land use law, including challenges arising under the Takings Clause, the Due Process and Equal Protection Clauses, and the First Amendment. This Chapter includes the Supreme Court’s decision in Knick v. Township of Scott and reflects the major jurisdictional impacts on ripeness, finality, and the exhaustion of remedies. Chapter Four offers concise coverage of subdivision regulation and infrastructure financing. Chapter Five focuses on housing and has been updated to reflect approaches to homelessness and its impact on local communities. Chapter Six explores strategies to revitalize the urban core, including the controversial use of eminent domain to clear land for redevelopment, as well as tax incentives, business improvement districts, public-private partnerships, land banking, and flexible housing codes. Chapter Seven examines growth management strategies, including land use moratoria and population caps that limit growth, as well as policies designed to prevent sprawl and preserve agricultural lands. Chapter Eight, which has been combined with Chapter Nine from the prior edition, addresses the impact of land use regulation on environmental resilience and sustainability and the move towards sustainable development.