A Case Law Survey of the Impact of RLUIPA on Land Use Regulation

RLUIPA remains controversial nineteen years after its adoption. Proponents contend that religious land users are subject to discrimination. Opponents argue that RLUIPA is an unnecessary interference with local control over land use. This Article provides a detailed study of RLUIPA’s impact through analysis of the identity of claimants, the subject matter of claims, and outcomes in reported state and federal case law.

The Article concludes that although RLUIPA has not lived up to the hopes of proponents or fears of critics, it has had a significant impact upon land use regulation and is ignored by local governments at their peril.