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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

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

Meet Instructor

Course Reviews

4.53
Sean Hoelscher 1

Sean Hoelscher 1

Extremely Satisfied
Sara Hollberg

Sara Hollberg

Extremely Satisfied
Manoj Dalaya

Manoj Dalaya

Satisfied
Sarah Lipkin Sularz

Sarah Lipkin Sularz

Satisfied
The course was comprehensive, but legal case precedent is hard to follow. I think more visual slides might help, versus text heavy.

Course Reviews

58%
38%
4%
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Sean Hoelscher 1

Sean Hoelscher 1

Extremely Satisfied
Sara Hollberg

Sara Hollberg

Extremely Satisfied
Manoj Dalaya

Manoj Dalaya

Satisfied
Sarah Lipkin Sularz

Sarah Lipkin Sularz

Satisfied
The course was comprehensive, but legal case precedent is hard to follow. I think more visual slides might help, versus text heavy.
Noah Heath

Noah Heath

Extremely Satisfied
Stephanie Hawner 3

Stephanie Hawner 3

Extremely Satisfied
John Guenther 1

John Guenther 1

Extremely Satisfied
Helpful especially the case law discussions. In Utah there was an element of "evidence" given in a quasi-judicial decision not legislative as stated below - regarding rezoning that seemed problematic to me. It stated that "public clamor" has merit. The decision seems to turn on the use of legislative or quasi-judicial
AI reference -
Yes, in Utah, the "mass of public opinion" (often referred to as public clamor or, more formally, public input) can be considered as evidence in a rezoning decision because rezoning is a legislative act. Unlike administrative land-use decisions, which must be based strictly on substantial evidence in the record, legislative decisions like rezoning allow local officials (city councils or county commissions) to consider the general welfare and, by extension, public support or opposition.
Clifford Cross 1

Clifford Cross 1

Satisfied

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