This text explores the laws governing the use of land. Sometimes narrowly focused, often intensely local, land use regulation may give the impression of a highly specialized field with small stakes. The text is divided into three parts: First, we will survey the ordinary, local administrative scheme of land use regulation. The cases in this section are intended to establish what that system is and what it's standards are. In the second part of the course, we will turn our attention to cases illustrating litigation attacks on the ordinary administrative scheme. The purpose here is not, as it was in the first part, to understand better the standards the administrators should apply, but to understand the constraints imposed on the contents of local laws, the procedures of enactment and permitting, and the composition of local lawmaking bodies. In the third part, we focus on the distributive concerns raised by land use regulation. The regulatory takings doctrine has gone from, literally, nothing, to wrestling to disentangle distributive concerns from substantive ones, to trying to craft either rules or standards to identify regulations that go “too far” and should be considered “takings” within the meaning of the Fifth Amendment. We will consider what the doctrine's purposes are, how it should be governed, and how it should be invoked as a procedural matter.
Introduction to the Law of Property, Estate Planning and Insurance is an up-to-date textbook that covers legal issues that students must understand relating to real estate (an especially important business asset), as well as estate planning and insurance. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Introduction to the Law of Property, Estate Planning and Insurance provides students with context and essential legal concepts relating to property rights and duties, estate planning, insurance, secured transactions, mortgages, and related topics. The text provides the vocabulary and legal savvy they will need when working with these concepts, which are critical to business planning and success.