church surrounded by city buildings

Federal and State Religious Land Use Statutes

This course will explain what local governments need to do—and to avoid—when enacting and applying land use regulations that affect religious land uses to comply with the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

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Course Info

  • Duration 9 video lessons (61 Mins)
  • Published Published
    2019
  • 4.38
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Browse Course Chapters

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    1.
    Introduction
    Chapter Duration 1 min
  • Chapter Locked
    2.
    RLUIPA Overview and Definitions
    Chapter Duration 8 mins
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    3.
    Issues with RLUIPA Definitions
    Chapter Duration 7 mins
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    4.
    RLUIPA's Jurisdictional Basis Provisions
    Chapter Duration 7 mins
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    5.
    RLUIPA's "General Rule" for Substantial Burden Claims
    Chapter Duration 13 mins
  • Chapter Locked
    6.
    "Equal Terms" Provision
    Chapter Duration 4 mins
  • Chapter Locked
    7.
    Provisions: Non-Discrimination, Total Exclusion and Unreasonable Limitations
    Chapter Duration 7 mins
  • Chapter Locked
    8.
    Avoiding a RLUIPA Challenge
    Chapter Duration 9 mins
  • Chapter Locked
    9.
    Wrap-Up
    Chapter Duration 1 min

What You Will Learn

  • RLUIPA basics
  • RLUIPA key terms and what those definitions mean in terms of ensuring compliance with RLUIPA's requirements
  • Overview of the jurisdictional bases that Congress specified as supporting applying RLUIPA 
  • How RLUIPA's "General Rule" provision operates
  • Review of RLUIPA's "Equal Treatment" provision
  • Overview of RLUIPA's "Non-discrimination" Rule
  • How RLUIPA's "Total Exclusion and Unreasonable Limitations" provisions operate
  • Strategies for avoiding a RLUIPA claim

Course Description

The federal Religious Land Use and Institutionalized Persons Act (RLUIPA) requires that local zoning and other land use regulations avoid discriminating against, or imposing substantial burdens on, religious land uses such as churches and religious schools. In addition, more than 20 states have enacted their own protections for religious land uses. This course will explain what local governments need to do—and to avoid—when enacting and applying land use regulations that affect religious land uses.

This course presents an overview of the RLUIPA statutes and defines key terms and provisions related to the statues. Course instructor Alan Weinstein covers RLUIPA's jurisdictional basis provisions and "General Rule" for substantial burden claims as well as "Equal Terms," Non-Discrimination, Total Exclusion, and Unreasonable Limitation provisions. By the end of this course, participants will gain an in-depth understanding of the federal Religious Land Use and Institutionalized Persons Act and will be equipped with strategies for avoiding a RLUIPA challenge.

Learn these skills

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

AICP CM

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

AIA CES

This is 1 LU.

Meet Your Instructor

Alan Weinstein

Alan Weinstein

Alan Weinstein holds a joint faculty appointment at Cleveland State University’s Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs.

Meet Instructor

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