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Fall 2023

5335 Land Use - ZALE- 18418

Professor(s): Kellen Zale (FACULTY)

Credits: 3

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

Time: CANCELLED    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: (Hybrid)  The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. Hybrid means that some of the weekly class sessions are virtual, and some are face-to-face. By definition, the hybrid instruction mode only applies to a course that meets two or more times a week. The instructor’s syllabus should indicate which regular days are virtual and which are face-to-face. A physical classroom may be assigned for the virtual class sessions to give students a location in the Law Center to join them. If the course has a final examination, it will be conducted in a classroom in face-to-face mode requiring your physical presence. Other assessment, such as a mid term exam, may also be in a classroom.


First Day Assignments:

Final Exam Schedule: 12/11/20239am-12pm      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA: Yes

Pass-Fail Student Election: Available

Course Materials

Book(s) Required

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