Land Use
first Edition

Land Use

by Christian Turner

Christian Turner, Land Use, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI.

This text explores the laws governing the use of land. Sometimes narrowly focused, often intensely local, land use regulation may give the impression of a highly specialized field with small stakes.

The text is divided into three parts:

(1) First, we will survey the ordinary, local administrative scheme of land use regulation. The cases in this section are intended to establish what that system is and what it’s standards are.

(2) In the second part of the course, we will turn our attention to cases illustrating litigation attacks on the ordinary administrative scheme. The purpose here is not, as it was in the first part, to understand better the standards the administrators should apply, but to understand the constraints imposed on the contents of local laws, the procedures of enactment and permitting, and the composition of local lawmaking bodies.

(3) In the third part, we focus on the distributive concerns raised by land use regulation. The regulatory takings doctrine has gone from, literally, nothing, to wrestling to disentangle distributive concerns from substantive ones, to trying to craft either rules or standards to identify regulations that go “too far” and should be considered “takings” within the meaning of the Fifth Amendment. We will consider what the doctrine’s purposes are, how it should be governed, and how it should be invoked as a procedural matter.

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Land Use
About eLangdell Press
About the Author
1. Preface
2. The Zoning System
2.1. Variances
2.2. Introduction
2.3. Comprehensive Planning
2.4. Special Use Permits
3. Judicial Review
3.1. Substantive Due Process
3.1.1. State Courts
3.1.2. Federal Courts
3.2. Adjudication and Quasi-Adjudication
3.3. Procedure
3.4. Discriminatory Zoning
3.5. Anticompetitive Zoning
3.6. Spot Zoning
3.7. Contract Zoning
3.8. Nonconforming Uses
3.9. Vested Rights
3.10. Neighbor Consent Provisions
4. Regulatory Takings
4.1. German Takings Law
4.2. Origins
4.3. Theory
4.4. Doctrine
4.4.1. Ad hoc Takings
4.4.2. Per se Takings
4.4.3. Per se vs. Ad hoc
4.5. Procedural Issues
4.6. Exactions

Christian Turner teaches courses in property, land use, legal theory, and the regulation of information. His research interests are in the public/private distinction and institutional analysis. Drawing from his mathematical training, he is interested in both the logic and illogic of the law -- and in understanding seemingly complex and diverse legal principles as consequences of basic, trans-substantive ideas. Prior to joining the faculty at the University of Georgia, Christian was a Visiting Assistant Professor at Fordham Law School, worked at Wiggin and Dana law firm in New Haven, and clerked for Judge Guido Calabresi on the Second Circuit. He is a graduate of Stanford Law School and holds a Ph.D. in mathematics from Texas A&M University.

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