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Planning and the Law: Procedural Due Process

The United States Constitution protects rights to "due process." In a land use law context, due process is why local governments must treat legislative and quasi-judicial decision making differently. At the end of this course, students will be able to differentiate between legislative and quasi-judicial decisions and to understand the due process implications of the distinction.

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Course Info

  • Duration 11 video lessons (69 Mins)
  • Published Published
    2014
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Browse Course Chapters

  • 1. Introduction (1 min)
  • 2. Basis in the Constitution (3 mins)
  • 3. The Legislative Versus Quasi-Judicial Distinction (6 mins)
  • 4. The Fairly Debatable Standard (11 mins)
  • 5. Police Powers (9 mins)
  • 6. The Meaning of "Clearly Arbitrary" (4 mins)
  • 7. The Standards for Quasi-Judicial Hearings (6 mins)
  • 8. Procedural Requirements for Quasi-Judicial Hearings (5 mins)
  • 9. Special Exceptions (6 mins)
  • 10. Variances (8 mins)
  • 11. Spot Zoning (5 mins)

Course Description

The United States Constitution protects rights to “due process.” In a criminal law context, due process is why suspects have the right to remain silent and to an attorney. In a land use law context, due process is why local governments must treat legislative and quasi-judicial decision making differently—and why courts treat decisions resulting from these two kinds of decisions differently, too. At the end of this course, students will be able to differentiate between legislative and quasi-judicial decisions and to understand the due process implications of the distinction.

Learn these skills

  • Land Use
  • Law and Policy
  • Regulations
  • Zoning Codes

AICP CM

AICP CM

This course is approved for 1 AICP CM credit, including 1 Law CM credit.

View all courses available for CM credit.

CNU-A

This course is approved for 1 CNU-A credit.

CNU-A

This course is approved for 1 CNU-A credit.

Meet Your Instructor

Thomas Hawkins

Thomas Hawkins

Thomas Hawkins, a Florida licensed attorney, has represented parties on all sides of the planning and development review process including developers, neighborhood groups and local governments.

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