LAW 651 - Municipal and Planning Law

3 units (fi 6)(EITHER, 3-0-0)

Faculty of Law

This course explores the legal framework governing land use policy and regulation in Canada, with particular emphasis on Alberta. We begin with some controversial questions: When should development be regulated, and when is it best left to the market? What powers should local governments have, and what role should they play in land use planning? We proceed to study the development approval process, including the rights of neighbours to challenge undesirable development, and the institutions and processes for resolving land use disputes. We analyze a range of public and private regulatory tools (including Alberta's land use framework, statutory plans, zoning by-laws, subdivision controls, and restrictive covenants and homeowner associations), focusing on their relative efficacy and fairness. Planning theory and economic analysis will be applied to contemporary debates over such problems as sprawl and smart growth, and affordable housing.