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Divergence in Land Use Regulations and Property Rights

dc.contributor.authorSerkin, Christopher
dc.identifier.citation92 Southern California Law Review 1055 (2019)en_US
dc.descriptionarticle published in a law reviewen_US
dc.description.abstractFor the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American jurisdiction share a deep family resemblance borne from their common origin in the Standard Zoning Enabling Act ("SZEA"). Zoning for much of the twentieth century therefore converged around a core goal of separating incompatible uses of land as a kind of ex ante nuisance prevention. Of course, zoning went much farther than the common law of nuisance, but its animating justification was to minimize the externalized impacts of certain kinds of intensive development.en_US
dc.format.extent1 PDF (46 pages)en_US
dc.publisherSouthern California Law Reviewen_US
dc.subjectland use lawen_US
dc.subjectproperty rightsen_US
dc.subjectStandard Zoning Enabling Acten_US
dc.subject.lcshland use lawen_US
dc.titleDivergence in Land Use Regulations and Property Rightsen_US

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