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ISBN: 9781552214343

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Land-Use Planning

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.

Contributors

Howard Epstein

Howard Epstein is a Nova Scotia lawyer who has practised, taught, and written about land use planning law for decades. His environmental and municipal interests led to his involvement in precedent-setting major Halifax land-use cases in the 1970s and 1980s. He has worked in Ottawa and in Toronto. He has long been a contributor to the Municipal and Planning Law Reports, with case comments in its first volume in 1976–77, as well as contributing contemporary articles exploring the land-use effects of some international trade treaties, Federal land-use powers, and the sustainability potential of local governments. Mr Epstein was elected to Halifax’s city council in 1994 and to the council of Halifax Regional Municipality upon amalgamation in 1996. Subsequently, he was elected as a member of the Nova Scotia legislature for five terms. He taught land use and land use planning law at Dalhousie University’s Schulich School of Law from 1998 through 2013 as an adjunct member of the Faculty of Law and of the School of Planning.

Chapter Title Contents Contributors Pages Year Price

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Review of the varied and complex social, political and legal restrictions on the rights associated with the use of land. 34 $3.40

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Review of the enterprise and profession of land use planning, including examples of planners as witnesses excerpted from transcripts of formal hearings. 51 $5.10

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Review of select cases to introduce recurring themes and problems in land use planning law. 47 $4.70

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Use of the common law by private individuals or corporations regarding control of the use of land. 15 $1.50

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How constitutional law affects understanding of land-use regulation. 68 $6.80

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Review of systems of land use in which the provincial government is the regulator, either exclusively or in conjunction with municipalities. 70 $7.00

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Review of the main aspects of land-use control exercised by municipal governments. 55 $5.50

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Review of flexibility mechanisms that have evolved regarding local land use, primarily from the perspective of the landowner. 39 $3.90

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Review of issues associated with citizen involvement in the planning process. 35 $3.50

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General examination of the functioning of administrative law in the land-use context. 35 $3.50

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Analysis of how economic issues affect land-use regulation. 30 $3.00

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Review of the legal powers of municipalities to advance the cause of environmental sustainability. 45 $4.50

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Sample of a handout to be included with a reporting letter to clients using the services of a lawyer to purchase residential property. 4 $0.40

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Sample list of provincial statutes that partially or peripherally affect land use, and the general topics that they could touch on. 12 $1.20

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List of further sources of information for land-use planning. 2 $0.20

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Glossary of terms related to land-use planning. 45 $4.50