1
MILLER & STARR
REAL ESTATE NEWSALERT
ARTICLE
CHURCHES AND PROPERTY: UNDERSTANDING THE LAND
USE COMPONENT OF THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT (RLUIPA)
By Kristina Daniel Lawson*
Main Article, Volume 22, Number 1
Reprinted in part from
Volume 22, Number 1, September 2011
(Article starting on page 3 in the actual issue)
I. INTRODUCTION
Land use entitlements in California are affected by countless regula-
tions, enactments, and policies. In every jurisdiction, would be devel-
opers face zoning, subdivision, and environmental compliance require-
ments. Some cities and counties require special permits—variances,
conditional use permits, site plan review, and everything in between—
to authorize the use of land. Compliance with these requirements can
be time consuming, expensive, and exhausting. It is no surprise that
developers often pray for relief from the most burdensome require-
ments. In some cases—religious uses, in particular—those prayers for
relief have been granted.
Federal law requires that a local government establish a compelling
governmental interest before imposing or implementing a land use
regulation that imposes a “substantial burden” on religious exercise.
While the law was originally enacted to prevent municipalities from
using zoning laws to discriminate against churches, even local govern-
ments with the best of intentions have struggled with the land use
implications presented by applications for church uses.
* Kristina Daniel Lawson is an attorney specializing in land use and environmental law.
