Land Use Regulation Prof. Daniel P. Selmi (213) Room 405, Burns Building

CASEBOOK THE CASEBOOK 2D ED. DEALING WITH NEW CASES WHAT THE CASEBOOK INTENDS TO ACCOMPLISH DIFFICULTY OF MATERIAL EXCITING AREA

CLASS LOGISTICS ATTENDANCE: MANDATORY MISSED CLASSES: 5 MAXIMUM PARTICIPATION: 3 POINTS UP OR DOWN FINAL EXAMINATION: OPEN BOOK, OPEN NOTE

GOALS FOR THE CLASS 1. Familiarity with basic land use tools. 2. Familiarity with issues that arise. 3. Understanding of how lawyers operate in the land use process. 4. Ability to make judgments about the land use system.

ORGANIZATION OF CASEBOOK THE FOUR PARTS OF THE BOOK: 1.TOOLS 2. CONSTRAINTS 3. THE GROWTH-HOUSING TRADEOFF 4. USING LAND USE TO ACHIEVE OTHER POLICY OBJECTIVES

SUBDIVISION

ZONING MAP

WETLANDS

HUNTINGTON BEACH GENERAL PLAN

APPROVAL PROCESS

LAKE TAHOE

SUSETTE KELO

RAINBOW ROOM

CITIZEN GROUPS

NIMBYS, LULUS, AND SITING

CITY COUNCIL (DANVILLE, CA)

PLANNING COMMISSION

THE DEVELOPER

THE CITY ATTORNEY (LONG BEACH, CA)

URBAN GROWTH BOUNDARIES

PETALUMA, CALIFORNIA

Town of Ramapo, NY

ALTERNATIVE SYSTEMS

The CC&Rs CC&Rs All Mt. Olympus properties are governed by covenants, conditions, restrictions and reservations ( CC&Rs) contained in a twelve-article legal document entitled Declaration of Establishment of Restrictions. The entity is charged with enforcement of the CC&RS for Mt. Olympus property owners is called the Declarant. The Declarant is the Mt. Olympus property Owners Association (MOPOA). The articles of Declaration discuss the property regulations, defines the uses of property, character and size of buildings, fences and trees, sign, plan approvals, damage or destruction of improvements, setback and location of buildings, maintenance of property, duration, scope and construction of Declaration, and enforcement of conditions.

THEMES OF LAND USE REGULATION 1. BENEFITS AND DANGERS OF DISCRETION 2. RAPIDLY CHANGING NATURE OF LAND USE REGULATION 3. ETHICS (VIEWPOINTS) 4. ROLE OF THIRD PARTIES 5. ROLE OF GROWTH

THEMES OF LAND USE REGULATION (CONT.) 6. LEVEL OF GOVERNMENT 7. EVALUATION AND REFORM

LAWYERING SKILLS WHAT ARE THE SKILLS OF A “GOOD LAWYER” WHAT DOES IT MEAN TO “THINK LIKE A LAWYER”?

“THINKING LIKE A LAWYER” UNDERSTAND THE LAW—RESEARCH UNDERSTAND THE PROCESS UNDERSTAND GOALS OF CLIENT ACHIEVE THOSE GOALS: PERSUADE EXERCISING JUDGMENT UNDERSTANDING YOUR AUDIENCE

PLAYERS IN THE LAND USE SYSTEM: THE GOVERNMENT LOCAL GOVERNMENT THE CITY COUNCIL THE PLANNING COMMISSION THE ZONING ADMINISTRATOR THE PLANNING DIRECTOR THE PLANNING STAFF THE CITY ATTORNEY

PLAYERS IN THE LAND USE SYSTEM: DEVELOPMENT SIDE THE DEVELOPMENT TEAM THE DEVELOPER THE ARCHITECT THE LAWYER LENDING INSTITUTION

PLAYERS IN THE LAND USE SYSTEM: THIRD PARTIES NEIGHBORS NEIGHBORHOOD GROUPS BUSINESS GROUPS LABOR GROUPS ENVIRONMENTAL GROUPS HOUSING ADVOCATES CIVIL RIGHTS ADVOCATES

LAND IN AMERICA SEE CHART ON P. 6 OF CASEBOOK 2% Indian Tribes 6% State and Local Governments 34% Federal Ownership 58% Private Ownership

LAND USE AS AN ETHICAL DECISION Ethic: A system of thought that relates to ideas of right and wrong. (p. 11) Role that land should play in society. Land use is intimately connected with social order.

FOUR LAND ETHICS 1. LAND AS ORDER (MEDIEVAL ENGLAND) 2. LAND AS VEHICLE FOR REFORM (19 TH CENTURY ENGLAND) 3. LAND AS REPRESENTING RESPONSIBILITY (JOHN MUIR) 4. LAND AS REPRESENTING OPPORTUNITY (SCALIA)

RELATIONSHIP OF LAND ETHIC TO LAND USE LAW THE CONSEQUENCES OF LAND ETHIC 1. GEOGRAPHICAL ISSUES: WHAT EFFECTS SHOULD BE CONSIDERED? 2. TEMPORAL ISSUES: OVER WHAT TIME PERIOD? 3. INTEREST ISSUES: TAKE NON-HUMAN INTERESTS INTO ACCOUNT?

IMPLEMENTING THE ETHICAL DECISION 1. GEOGRAPHY REGIONAL GOVERNMENT? STATE LAND USE PLANNING? 2. TEMPORAL OVERCOMING POLITICAL CHOICES 3. INTERESTS ENDANGERED SPECIES ACT

MORE IMPLEMENTATION OF THE ETHICAL DECISION EFFECTS OF THE CHOICE ON: 1. “BUNDLE OF STICKS” THAT CONSTITUTE A PROPERTY RIGHT SCALIA’S VIEW OF TAKINGS LAW 2.PROCESS: PUBLIC DECISIONMAKING 3.PLANNING: ECOLOGICAL PLANS

THE PLAYA VISTA DEVELOPMENT: THE PLAYERS CITY COUNCIL COUNTY STATE INDIAN TRIBES LOCAL ENVIRONMENTALISTS COASTAL COMMISSION U.S. ARMY CORPS OF ENGINEERS STATE DEPARTMENT OF TRANSPORTATION SCHOOL DISTRICT

MORE PLAYA VISTA PLAYERS DEVELOPERS: SUMMA, MCGUIRE-TOMAS NEIGHBORS ENVIRONMENTAL GROUPS PRIVATE INDUSTRY (SPIELBERG)

PLAYA VISTA: THE ISSUES TRAFFIC AIR POLLUTION WETLANDS ENDANGERED SPECIES ECONOMIC BENEFITS

PLAYA VISTA: THE DECISIONS GENERAL PLAN REZONING WETLANDS PERMIT ENDANGERED SPECIES CITY/STATE INCENTIVES