LAW 6601 - [Land Use]

Fall. 3 credits.

L. Underkuffler.

This course will provide a broad introduction to the theory, doctrine, and history of land use regulation. Topics will include the meaning of ownership; theories behind land use controls; the private nuisance action; zoning, including the permissible content of zoning laws, contract and conditional zoning; vested rights, development agreements, and “ballot box” zoning; and constitutional limitations on government action in land-use controls,including takings law, the First Amendment, and due process challenges. We will also consider current hot topics in land-use law, such as brownfields legislation, natural gas fracking, sprawl, conservative easements, historic preservation laws, and endangered species legislation.