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Land-Use Planning

Land-Use Planning

By Howard Epstein


Inevitably, we live our lives as part of a physical community. Whether one wants it or not, the law recognizes the connections our actions as owners or tenants create with others. Inevitably, too, disputes arise. These can be after the relationship is created, or communities may engage together in advance of irrevocable commitments to try to plan for the future: thus the law of land-use planning.

Land use is governed by the common law, by the federal government, by provinces directly, and by municipalities. All aspects are explored in this text.

Lawyers, planners, architects, municipal officials, environmentalists, and anyone concerned with the future development of their community will find this guide to Canadian land use and land-use planning law to be hugely valuable. With examples from all Canadian jurisdictions, it explores both the policies and the substantive law of land-use planning.

Howard Epstein — lawyer, law professor, and former municipal council member — is uniquely positioned to offer this practical guide to Canadian land-use planning law.



Introduction and the Legal Context for Land-Use Planning

1. The Planning Enterprise
2. Some Leading Cases
3. Sources of Authority: Common Law
4. Sources of Authority: Federal-Level Powers and the Constitution Acts
5. Sources of Authority: Provincial-Level Land-Use Planning Powers
6. Sources of Authority: Municipal Planning Statutes
7. How to Get around Zoning
8. Public Participation and Fairness
9. Appeals and Judicial Review
10. Economic Aspects
11. Sustainability

Appendix A: Residential Real Estate Purchase — Handout regarding Land Use Matters
Appendix B: Sample Set of Provincial Statutes Pertaining to Land Use
Appendix C: Land-Use Planning Resources

Table of Cases
About the Author


Published 28 February 2017
Publisher Irwin Law (Canada)
ISBN 9781552214343
Australian RRP $110.00
International Price $100.00
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Law - Canadian Law
Law - Property Law
Urban Planning

Essentials of Canadian Law

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