WELCOME TO THE COURSE

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Question 5 however in what manner can your bar lofts from single family homes? ... out that flats can retard home advancement, ruin neighborhoods, and extremely ...

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WELCOME TO THE COURSE IF YOU THINK THAT THIS PICTURE LOOKS NORMAL

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Or These Look OK

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Then You are Probably in the Right Class

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MUCH OF THE INFORMATION IN THE COURSE IS ANNOYING

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REGULATION IS ALL ABOUT DIFFERENT OPINIONS

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Some Strong Opinions & Weird People

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Course Goals Bring you "up to speed" on the lawful, moral, and sacred necessities of arranging practice Help you comprehend the lawful fragment of Planning's formative history Apply lawful thinking and due process in administrative practice

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Course Rules Cell telephones Preparation and case instructions When class begins Office hours Submitting material – designs Course prerequisites – next page Grades

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Resources Mandelker Selected Readings on Website Handouts Lexis/Nexus Legal Disctionary

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Course Requirements Briefing and recounting cases by "displaying your case." Completing the required task practices Mid term and end of the year test Show up on time

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Student Work – Being Honest

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CONSTITUTIONAL LAW AND PROPERTY RIGHTS DUE PROCESS EQUAL PROTECTION TAKINGS – THE 5 TH AMENDMENT THE 1 ST AMENDMENT – SPEECH AND RELIGION

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THE 14 th AMENDMENT Substantive Due Process Procedural Due Process Equal Protection

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Substantive Due Process Confusion In Meaning A land utilize direction must propel a true blue state intrigue Ultra vires State must demonstrate that a less prohibitive option is not accessible

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Procedural Due Process The essential thought of crucial decency Reasonableness – not discretionary or without precisely considered application Overbreath and underbreath Unfair, for example, absence of notice Overt hate by government power Decisions not in view of a real record

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Equal Protection Requires that individuals who are comparably arranged or an individual from a secured class be dealt with similarly unless there is a convincing state explanation behind doing generally Three levels of examination: sensible relationship; generous connection; strict investigation with convincing relationship

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The 5 th Amendment Nor should any individual be denied on life, freedom, or property without due procedure of law, nor might private property be taken for open use without just remuneration KEY CONCEPTS – What is Property, Due Process, Just Compensation and Public Uses

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"Nor might private property be taken aside from an open utilize."

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1 st Amendment Congress should make no law regarding a foundation of religion, or disallowing the free practice thereof; or compressing the right to speak freely; or the privilege of the general population to serenely gather, and to appeal to the legislature for a change of grievances.

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Speech and the 1 st Amendment for Planners What is discourse? Are a few types of discourse more ensured than others? Does discourse have unique qualities. Will direct be discourse? Is an image, for example, a sign really a type of discourse? Signage as Speech – Time, Manner, and Place!

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SHOULD THERE BE A LAW AGAINST THIS TYPE OF SPEECH?

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Does the 1 st Amendment Protect This Type of Sign?

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WHAT ABOUT LAWS AGAINST THIS TYPE OF ACTIVITY?

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Special Introductory Terms for Planning Law Easement – A privilege held by a man on the place where there is another. Part A LOT B

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Estoppel - A decide of law that when individual A, by demonstration or words, gives individual B motivation to trust a specific arrangement of realities whereupon individual B makes a move, individual A can't later, to his (or her) advantage, deny those certainties or say that his (or her) prior demonstration was ill-advised. A 1891 English court choice abridged estoppel as "a run of confirmation which blocks a man from precluding reality from claiming some announcement beforehand made independent from anyone else

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Planning Law Terms STARE DECISIS - An essential guideline of the law whereby once a choice on a specific arrangement of truths has been made, the courts will apply that choice in cases which thusly precede it epitomizing a similar arrangement of actualities. A point of reference which is authoritative; must be taken after

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Terms For Planning Law Usufruct - From old Roman law (and now a piece of numerous common law frameworks), "usufruct" implies the rights to the result of another's property. For instance, a rancher may give a privilege of "usufruct" of his territory to a neighbor, in this manner empowering that neighbor to sow and procure the collect of that land

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Planning Law Terms RES JUDICATA - A matter which has as of now been indisputably chosen by a court.

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Concepts of Property Law Concept of a Sovereign Immunity All Property right got from Blackstone's Dictum Constitution anticipates mishandle by the Sovereign has "assumption of legitimacy"

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Property Law Property is a heap of rights Appropriable and esteem A privilege to material things – not individual freedoms It is elite not comprehensive Can be held solely, mutually, or in like manner It is a characteristic of individuals – there is no "flying creature's enclosure"

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Rights In Property Air Right Conservation Easement Development Right Profit Travel Easement Surface Estate Mineral Right

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The Development Right

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Property Requires A proprietor – together with others that can be avoided Actual property protests that can be held under lock and key – along these lines riparian rights are not under lock and key A sovereign that will authorize and restrict the entrance of others

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Types of Estates Fee Conditional or qualified charge Life homes

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Other Forms of Property Equitable Servitudes Easements – appurtenant/net Negative and positive Covenants Touch and concern the law and sensible Further point of some social strategy Clearly depicts advantages and weights Changed conditions and govern again a ceaseless contract

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Contract As Property A Contract must: Mutual Agreement - Fundamental idea; offer and acknowledgment are key to all agreements. Offer and acknowledgment are regularly made by words, yet some of the time they might be implicit and demonstrated by an activity, or by the acknowledgment of and activity. Common understanding must be founded on free consent without pressure or undue impact. Educated assent, in the fullest conceivable significance of the word, is likewise a crucial component of common understanding

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Contract Offer and Acceptance - The normal articulation of shared assention and, thusly, both the offer and the acknowledgment must be indistinguishable as to their substance. There must be genuine and finish assention between the gatherings at contract. Offers might be pulled back preceding acknowledgment - however once acknowledged, the offer can't be pulled back on the grounds that it has been changed by its acknowledgment into an agreement

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Contract Capacity - Capacity of the gatherings at contract alludes to the competency of the people (or gatherings) making the assention. Parties alludes to human people and enterprises. Certain statutes confine the limit of a man to contract: i.e., minors, criminals, slow-witted, and so on. Relationship is likewise a component of limit. For example, my relationship to Kansas State University as a representative does not qualifies me for contract for the University. Then again, the law entitles outsiders (know as operators or a man having the force of lawyer, or a watchman) to contract for another

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Contract Consideration - Consideration is something of significant worth given by one gathering to an agreement to the second party in return for something else. Consequently, thought should likewise stream both routes for a legitimate contract. Thought is a mind boggling subject, loaded with shades of significance. For instance, accept that you have a property appropriate to cut the timber on the place where there is someone else (profit`) which, for this situation, would be named an agreement for timber enthusiasm with an expected easement of get to. Assume a third individual possesses nearby property. This individual guarantees to pay you more than the estimation of the timber since they wish to hold the trees for screening. On the off chance that you concur, the agreement with the outsider would make an evenhanded subjugation restricting both sides (you and the outsider) to a type of thought

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Contract Object - The question or motivation behind an agreement must be legal and enforceable; and, the protest must be done in a way that is usually comprehended

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Contract Time - The idea of time (and obligations completed inside that time) is the substance of an agreement. In the event that the protest of the agreement is not completed inside the settled upon time span, then there is a rupture and the other party may look for common authorization and punishments. For organizers, time is vital. Most property related contracts (limitations and pledges are proposed to keep running for drawn out stretches of time. The law can't look positively on contracts that "run forever" or that predicament "successive beneficiaries and proprietors forever." Therefore, property contracts must be reestablished at normal interims - e.g. 10, 15, 20, or 25 years – for instance.

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Underpinning of Property Real Property is anything to which this name might be appended: " TO THE WORLD – Keep off X unless you have my authorization which I may allow or withhold Signed

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My Property – Your Property A man was contracted to clean an old pool and wellspring. While doing as such, he found an antique ring that was extremely significant. The city requested that the ring be returned. The man declined to do as such. He said that ownership is nine tenths of the law. To whom does the ring have a place?

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Three Key Rights to Property The privilege to ownership of the thing The privilege to the utilization of the thing The privilege to estrange or generally discard the thing at the end of the day – the privilege of ownership and utilize is another method for saying that we have the privilege to

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