You want to know what a land use court is and what states have them.

Some smart growth advocates believe that states should establish separate courts to adjudicate only land use cases, but no state has done so. In their view, these courts would function like an appeals court. A judge or panel of judges would hear the cases with no jury present, and their decisions could be appealed to a higher court.

Smart growth proponents feel that most judges are not completely knowledgeable of the intricacies of land use matters and thus tend to produce inconsistent decisions that could harm the environment or create urban sprawl. Creating courts that specialize in land use issues addresses this problem by allowing judges to become experts in land use law, which can lead to consistent rulings on these topics.

Three states, Michigan, New Jersey, and Oregon, have proposed legislation to create such a court. The Michigan (HB 6336) and New Jersey (S1490, A815) bills died in committee in 2004, and no action has been taken on the bill in Oregon’s (SB 432) current session.

All three bills would limit the courts jurisdiction to land use and zoning disputes. These bills would require the judges to have knowledge of land use issues. The Michigan bill would further limit the jurisdiction to cases involving land use disputes of $ 25,000 or more. The New Jersey and Oregon courts would also hear cases involving the adoption of municipal master plans. The Oregon and New Jersey courts would act as appeals courts, whereas the Michigan court would act as a circuit court with specific jurisdiction. Decisions by these courts could be appealed to the appropriate appellate court.

States have used other approaches to achieve the goals of a land use court. In Oregon, land use appeals go to the Land Use Board of Appeals (LUBA) instead of the circuit court (Or. Rev. Stat. § 197). LUBA’s mission is to review state agencies land use decisions or appeals from these decisions. Appeals of LUBA’s decisions are referred to Oregon’s Superior Court. The governor appoints three attorneys to LUBA for a four-year term. No other state has a similar board.

Three states, Hawaii, Massachusetts, and Vermont, have created specialized courts whose jurisdiction encompasses land use and other related matters. The Vermont Environmental Court, established in 1989, hears appeals of decisions from state agricultural and environmental agencies and local planning and zoning commissions. This court hears issues ranging from a land use dispute to removing an inoperable vehicle from a resident’s front yard. The Massachusetts Land Court, established in 1898, has jurisdiction over registration of land titles. In 1975, the legislature expanded the court’s jurisdiction to hear land use appeals. The Hawaii Land Court also has jurisdiction over registration of land titles, but not land use.

Another approach is to assign cases dealing with certain issues to the same group of judges. Connecticut law requires the chief court administrator to do this with respect to appeals from local land use commissions rejecting proposed affordable housing projects (CGS § 8-30g).

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