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Selmi on Contractual Regulation of Land Use

By Lawrence Solum

Daniel P. Selmi (Loyola Law School (Los Angeles)) has posted Land Use Regulation by Contract on SSRN. Here is the abstract:

In recent years the use of contracts, known as development agreements, to establish land use regulations has grown rapidly. Both municipalities and development interests have found it in their interests to support the increased use of these agreements. This article, however, suggests that the use of contract as a means of making land use decisions marks a key turning point in the evolution of land use regulation. The article examines the effects of such contracts on four sets of norms that underlie the current land use system. The article concludes that contracts have important effects on whether local governments comply with these norms in making land use decisions.

Full post as published by Legal Theory Blog on December 17, 2009 (boomark / email).