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Spring 2021
5335 Land Use - ZALE- 28977

Professor(s): Kellen Zale (FACULTY)

Credits: 3

Course Areas: Energy, Natural Resources and Environmental Law 
Real Property, Trusts and Estates

Time: 2:30p-4:00p  MW  Location:  

Course Outline: This course examines land use law and policy. Land is one of the most fundamental and valuable resources to individuals and communities, and a wide array of public regulation as well as private controls shape the use and development of land. Specific topics that will be covered in the course include planning, zoning, subdivision regulation, aesthetic and historic preservation, regulatory takings, inclusionary housing, environmental review, private covenants, and the role of markets. Throughout our study of these issues, we will consider competing ideas about how, when, and why land use should be regulated and the comparative advantages and disadvantages of various land uses controls. The objectives of this course are to: (1) gain a foundation in the substantive law of the subject matter; (2) apply critical legal thinking to identify and understand constitutional, statutory, and regulatory constraints applicable to the subject matter; (3) recognize the policy implications and ethical questions related to the subject matter; and (4) integrate the doctrinal study of the subject matter with the analytical and practical skills necessary to the practice of law. Classes will be a combination of lecture and interactive discussion.

Course Syllabus: Syllabus

Course Notes: DistanceEd  The instructor for this course has expressed a preference to operate the course as distance education. This means no physical classroom is assigned for this course. This also most likely means synchronous internet videoconferencing class sessions during the day(s) and time(s) when the course is scheduled to meet. However, other, more flexible modalities are possible, such as not using some of the scheduled class sessions to meet but instead supplementing with asynchronous distance education techniques. More details should be made available from the instructor via their syllabus or via other means as the start of the semester nears.


First Day Assignments: Casebook, pgs. 1-21; 707-709

Final Exam Schedule: Take home exam      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA:

Pass-Fail Student Election: Available

Course Materials

Book(s) Required

Course Materials: Sterk, Peñalever, Bronin, Land Use Regulation (West, 3rd ed. 2020)

Students are permitted to have any format of the specific editions of these 2 casebooks, whether e-book or hard copy or some hybrid.