Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion

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Analyze and correct the abuses of discretionary land use regulation with this new book by Brian W. Blaesser.

Written from the perspective of the landowner and developer, this practice-oriented book focuses on the "abuse of discretion" problem, explaining not only what the law is, but also suggesting practical and proven ways for limiting invitations to abuse of discretion that currently exist in the implementation of the law.

Unlike other books on the subject, Discretionary Land Use Controls is written from the private sector perspective and is packed with invaluable practice tips based on the author's many years as a practitioner in land use and real estate development matters around the country.

These practice tips show you how to:

Determine the factual basis for a variance
Meet with those who may oppose a variance
Make adequate findings of fact
Ensure that the local government makes appropriate findings to support its decision
Draft documents that define key terms and provide provisions against subsequent regulatory changes
Use illustrations and specific words to explain design principles
Present project design in terms of public values
And more!

Discretionary Land Use Controls provides a clear guide through the discretionary thicket by explaining:

The Takings issues, particularly the new "rough proportionality" test of the U.S. Supreme Court for discretionary imposition of "exactions" on development, including the limitations that protect landowners and prevent local governments from overreaching through regulation
The proper scope of development site plan review, and how site plan review ordinances should be drafted to avoid abuses of discretion
The benefits of planned unit development ordinances and essential provisions of a PUD ordinance
The importance of development agreements and the legal issues involved in drafting such agreements to achieve public/private objectives in land use and development
The "subjective" land use regulatory area of design review, the abuses of discretion that occur in "aesthetic" regulation, and how provisions should be drafted to avoid such problems.

Discretionary Land Use Controls is written by a proven authority on land use and development law. Brian W. Blaesser is a partner in the Boston office of Robinson & Cole LLP, where he heads the firm's Land Use and Development Group. Click here to learn more about this well-known land use attorney.

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