Title

Thou Shalt Love Thy Neighbor: RLUIPA and the Mediation of Religious Land Use Disputes

Abstract

Religious land use disputes are characterized by high levels of conflict and the potential to seriously undermine social capital in affected communities. Contemporary land use procedures reflect an antiquated heritage and reliance upon adversarial means that are inadequate to successfully resolve these socially complex local conflicts. While there are practical obstacles, mediation holds advantages over these existing procedures in terms of dispute resolution, and has greater potential to preserve and build social capital at the local level. This article examines the theoretical justification for mediation in this context, and argues for moving beyond the status quo.

Disciplines

Dispute Resolution and Arbitration | Land Use Law | Religion Law | State and Local Government Law

Date of this Version

April 2006