Recent decisions by the U.S. Supreme Court, particularly its rulings on eminent domain and takings, require real estate and land use attorneys to have a thorough understanding of applicable federal law.
Local governments must now take into account rights protected by the First, Fifth, and Fourteenth Amendments when considering regulation of private property. Federal Land Use Law & Litigation is the first in-depth work to analyze the complexities of this evolving practice area.
This edition continues to highlight the pivotal federal constitutional and statutory limits affecting local land use and development controls. Features and benefits include:
- Covers the Takings Clause, including regulatory takings, physical invasion, judicial takings, and eminent domain.
- Examines First Amendment limitations on land use controls involving freedom of speech and religion, with emphasis on the Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Provides expanded coverage of federal environmental laws affecting land use regulation.
- Discusses litigation strategies and remedial issues, with examples of federal remedies and attorney fees, availability of damages, and government liability/immunity issues.
The volume allows fast, easy, and on-point research and includes a table of contents, a detailed index, and a table of cases.