830 Land Use - §001, Fall 2010

Categories: Real Estate, Land Use, and Community Law

Instructor(s) Larson, Jane

            This Land Use course employs an
analytical framework that focuses on institutional choice and comparative
institutional analysis.  Put simply, the
central issue of all law, including land use law, is who decides.  The term “institutional” reflects the reality
that the decision of who decides is really a decision of what decides. The
alternative decision-makers are complex processes, such as the political
process, the market, and the courts, in which the interaction of many
participants shape performance. This analytical framework provides the tools to
look at the full range of land use including common law nuisance, private land
use planning, and public action such as subdivision regulation, zoning, and
urban redevelopment.  In effect, land use
law includes features of tort, contract and constitutional law and they can be
tied together using comparative institutional analysis.  The materials for this course will be lightly
edited cases and a book on comparative institutional analysis of land use law
called “Law’s Limits.”


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