Constitutional Land Use Law

Zoning is thought of as the quintessential local power. Yet, in the past eighty years (and, especially in the last few decades), federal Constitutional Law has come to play a critical role in land use regulation. This seminar will explore the Constitutional Law of Land Use as developed by the courts. Most prominently, the course examines the various approaches used by the courts to examine land use issues under the Takings Clause, including the various tests for Regulatory Takings and available remedies. In addition, the seminar will look at the zoning law created by jurisprudence of the Equal Protection Clause, the First Amendment's Religion Clauses (and the federal Religious Land Use and Institutionalized Persons Act), and the Fifth and Fourteenth Amendment's Due Process Clauses. Finally, the seminar will consider several underdeveloped areas of Constitutional Land Use Law, including the effects of the First Amendment's right to Free Speech and the Dormant Commerce Clause.
Credits: 2

Type: SEM