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Spring 2022
5297 Land Use - ZALE- 24793

Professor(s): Kellen Zale (FACULTY)

Credits: 2

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

Time: 2:30p-4:30p  T  Location: 113  BLB

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: (Synchronous Online)  The UH registration system instruction mode for this course is listed in parenthesis. After student registration in November, there may be instruction mode changes to this course up through Jan. 5th, 2022, but notice of such changes will be sent to then- registered students. Contrary to the UH information, some student materials may not be available online, such as an assigned casebook. A physical classroom may be assigned for this course to give students a location in the Law Center to join the virtual class sessions. If the course has a final examination, the final and any other assessment for the course, such as a mid-term exam, will be conducted without the need to physically come to the Law Center, such as, for example, via the EBB portal as a take home exam or under remote proctoring.



First Day Assignments: Casebook: pages 1-31; and pages 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: Prearranged

Pass-Fail Student Election: Available

Course Materials

Book(s) Required

Course Materials: Sterk, Pen~alever, Bronin, LAND USE REGULATION (West, 3rd ed. 2020) ISBN: 9781684672486

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