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This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.
Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.