Land Use Law

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illustration by Paul Hoffman

An understanding of basic land use law principles is essential to the job of the planner — and planning commissioner.

Bright Ideas

New Online Resource: RLUIPA-Defense Blog

from PlannersWeb Editor Wayne Senville

We were excited to learn that one of the top land use lawyers in America, Dwight Merriam, and his colleague, Evan Seeman, have just started a blog dealing with RLUIPA, the Religious Land Use and Institutionalized Persons Act. As Seeman describes it: “It’s all about how municipalities may defend against claims taken under RLUIPA.” If your community faces RLUIPA issues, we’re sure this will be a valuable resource.

PCJ Articles

No Certification, No Money: The Revival of Civil Rights Obligations in HUD Funding Programs

by Michael Allen, Esq.

Recent legal developments have again put a spotlight on exclusionary zoning practices.

PCJ Articles

I is for Inclusionary

by Laurence C. Gerckens, FAICP

By the early 20th century, newly adopted land use zoning controls not only physically separated industrial, commercial, and residential zones, but also by distinguished between single-family and multi-family residential zones. It was not until 1970s that the movement toward inclusionary housing began to emerge.

PCJ Articles

J is for Justice

by Laurence C. Gerckens, FAICP

The Supreme Court decision of the 20th century that had the greatest impact on planned community development was the 1926 Euclid v. Ambler ruling. It opened the door for communities across the country to engage in zoning and use it as the primary tool for plan implementation.

PCJ Articles

T is for Takings

by Laurence C. Gerckens, FAICP

Planning historian Laurence C. Gerckens, FAICP, provides a short overview of key American “takings” law cases.

PCJ Articles

Z is for Zoning

by Laurence C. Gerckens, FAICP

Planning historian Laurence Gerckens provides an overview of the origins of zoning in America.

PCJ Articles

McMansions & the Geometry of Zoning

by Timothy D. Bates, Esq.

An overview of some of the regulatory approaches to dealing with McMansions, including a look at the design review process implemented in Stonington, Connecticut.

PCJ Articles

A Question of Balance

by Greg Dale

Planner and PCJ columnist Greg Dale explores the question of how to balance community needs and individual property rights.

PCJ Articles

Taking Aim at Takings Claims

by Dwight Merriam

Takings claims can create enormous potential liability for local governments. Respected land use lawyer and planner Dwight Merriam provides an overview of basic takings principles, and addresses questions planning commissioners often have.

PCJ Articles

The Supreme Court’s Kelo Decision: Good News or Bad News for Downtowns?

by Kennedy Lawson Smith

Can local government take private property away from its citizens and develop it for something that will generate more tax revenue? On June 23, 2005, the U.S. Supreme Court said “yes.”

Bright Ideas

Overlay Zoning to Protect Surface Waters

by Joel Russell

Regulating land use practices near streams can significantly reduce the run-off of sediment and other pollutants. How a system of “overlay zones” can help protect stream corridors, lakeshores, and watersheds.

PCJ Articles

How Far is Too Far

by John Ronayne, Esq.

Attorney John Ronayne provides a primer on how courts approach “takings” cases.

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