Syllabus for Land Use Planning Law, URP 6131 On campus Instructor: Joel Black

Transcription

1 Syllabus for Land Use Planning Law, URP 6131 On campus Instructor: Joel Black Course description Land use law is a balance between two interests. On one hand, states and local governments desire to make their communities better places to live by regulating how land is used and developed. On the other hand, all people have rights to use their property. This course uses major planning cases to explore this conflict between the government s regulation of property and the individuals desire to use their property as they see fit. Over the course of the semester we will read academic articles, legal opinions, and book manuscripts that help to bring us inside crucial moments that shaped planning law. We will use these materials to ask vital questions to probe the city. Why plan? What is land use? What impact do social values have on planning? Together, we will use law and planning to broach larger questions about law s impact, about the ways we build and occupy cities and neighborhoods, and about the consequences of those constructions. Course objectives: Describe the planning process and the regulatory tools used to implement it. Discuss the role of planners and the power of diverse stakeholders in creating, implementing, and challenging land use regulations. Examine the legal doctrines that empower local governments to regulate land use activities. Review and analyze seminal land use law cases. Apply the fundamental principles of land use law to real world planning issues. Communicate ideas persuasively and effectively, both orally and in writing. Student learning objectives Topic: Private nuisance Identify facts which could constitute private nuisance Recall the general rule on private nuisance Recall the reasonable man doctrine constitute private nuisance Topic: Local government land use powers Identify police powers Identify facts which could constitute a local government exercising powers it does not possess Recall Dillon s Rule constitute a local government exercising powers it does not possess

2 Recall that a home rule jurisdiction is one in which the state has explicitly granted broad home rule powers to its local governments Recall the meaning of the term "model acts" as that term applies to the SCPEA and SZEA Recall that the SZEA and SCPEA are "enabling acts" which delegate police powers to local governments for the purpose of regulating the use of land Identify that one lasting legacy of the SCPEA and SZEA is the "two-tiered" character of land use regulation Topic: Legislative decision making Recall the difference between the 5th Amendment and 14th Amendment due process clauses Identify facts which could constitute violations of property owners' due process rights Recall the Fairly Debatable Standard Evaluate hypothetical facts against the standard and conclude whether they Topic: Quasi-judicial decision making Recall respective definitions of legislative and quasi-judicial decisions Identify facts which could Recall the respective definitions of legislative and quasi-judicial decisions Recall the strict scrutiny standard of review and/or the Fairly Debatable Standard Recall that decisions whether to approve comprehensive plans are always legislative Recall the requirements for quasi-judicial hearings Topic: Procedure required in quasi-judicial hearings Identify facts which could Recall the requirements for quasi-judicial hearings Topic: Special Exceptions, Variances, Spot Zoning Recall the distinction between variances and special exceptions Identify facts which constitute a request for a variance Recall the rule on variances are eligible for a variance Identify facts which could constitute spot zoning Recall the rule on spot zoning constitute spot zoning

3 Topic: Eminent domain Identify facts which could violate the public use requirement Recall the public use requirement Evaluate hypothetical facts against the requirement and conclude whether they constitute an impermissible exercise of eminent domain Topic: Bright line regulatory takings rules Identify facts which could constitute a regulatory taking Recall the rule regarding regulations that require a physical invasion Recall the rules regarding regulations which take all value constitute a regulatory taking Topic: The Penn Central regulatory takings test Identify facts which could constitute a regulatory taking constitute a regulatory taking Topic: Exactions Identify facts which could constitute an unconstitutional exaction Recall the rule from Nollan and Dolan constitute an unconstitutional exaction Topic: Impact Fees Identify facts which could constitute an unlawful impact fee Recall the dual rational nexus test Evaluate hypothetical facts against the dual rational nexus test and conclude whether they constitute an unlawful impact fee Topic: Tax increment financing Recognize that tax increment financing is available under the Florida constitution to local governments desiring to construct infrastructure to serve existing development Topic: Community development districts Recognize that community development districts allow private developers to create new taxes and fees which pay for publicly owned infrastructure that serves private development Topic: Concurrency Recognize that concurrency is a method for local governments to adequately provide public services to new development products Topic: Equal Protection Identify facts which could constitute class-based discrimination

4 Identify facts which could constitute class-based discrimination against a class of one Recall the rule for identifying class membership and applying the correct standard of review Recall the rule on the class of one Evaluate hypothetical facts against the correct standard of review and conclude whether they constitute class-based discrimination Evaluate hypothetical facts against the rule on the class of one and conclude whether they constitute unconstitutional discrimination against a class of one Topic: Substantive Due Process--Free speech Identify facts which could constitute a free speech violation Recall the rules on free speech in a land use context Evaluate hypothetical facts against the rules and conclude whether they constitute a violation of the right to free speech Topic: Substantive Due Process--Free exercise of religion Identify facts which could constitute a free exercise violation Recall the rules on free exercise in a land use context Evaluate hypothetical facts against the rules and conclude whether they constitute a violation of the right to free exercise of religion Office hours. <Instructor discretion--joel and Thomas will provide different information> Assessment. Information on UF grading policies can be found online at I will assess your performance in the course as provided in Canvas. Course schedule. The weekly course schedule is outlined on Canvas. Course text. <Instructor discretion--joel and Thomas will provide different information> Class attendance, make-up exams and other work. Requirements for class attendance and make-up exams, assignments, and other work in this course are consistent with university policies that can be found at: Accommodations for students with disabilities. Students with disabilities requesting accommodations should first register with the Disability Resource Center ( , by providing appropriate documentation. Once registered, students will receive an accommodation letter which must be presented to the instructor when requesting accommodation. Students with disabilities should follow this procedure as early as possible in the semester. Online course evaluation process. Students are expected to provide feedback on the quality of instruction in this course by completing online evaluations at Evaluations are typically open during the last two or three weeks of the semester, but students will be given specific times when they are open.

5 Summary results of these assessments are available to students at Academic honesty. University of Florida students are bound by The Honor Pledge which states, We, the members of the University of Florida community, pledge to hold ourselves and our peers to the highest standards of honor and integrity by abiding by the Honor Code. On all work submitted for credit by students at the University of Florida, the following pledge is either required or implied: On my honor, I have neither given nor received unauthorized aid in doing this assignment. The Honor Code ( code/) specifies a number of behaviors that are in violation of this code and the possible sanctions. Furthermore, you are obligated to report any condition that facilitates academic misconduct to appropriate personnel. If you have any questions or concerns, please contact me or Urban and Regional Planning program administration.