Land Use Controls (7850)


Course Memo

In this course, students examine basic land use regulations generally, and not solely South Carolina-specific laws. The course goals and objectives are to teach basic methods of legal analysis required for the students to learn the four pillars of land use controls: nuisance, servitudes, zoning, and takings (all four of which are bar-tested topics). Students will learn the rights and obligations that arise from these land-use, property laws. For example, the content of nuisance law is set down, essentially but not entirely, by common law courts. Servitudes are defined primarily by private law arrangements. Zoning is largely legislative, requiring a good understanding of politics and statutory analysis. And, takings law, including eminent domain and inverse condemnation, requires constitutional analysis. All of these methods of land use controls are alive and well, and are bar-tested, as such this course will provide a useful survey of several substantive, doctrinal, and lawyering skills that students should master, and serve as a capstone course prior to graduation and in prep for the bar exam.  Prerequisites: Property I & Property II.