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Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Northern Illinois University Law Review
This article examines the potential dangers that may be encountered by inexperienced land use planners. The article begins with a review of statutes and case law involving annexation agreements in Illinois. Next, the author distinguishes the differences between "annexation agreements" and "development agreements." Then the author addresses how to determine whether there has been a boundary agreement, which limits the ability of a municipality to annex a piece of property. The author recommends a statute permitting development agreements and recommends clear linkages between various sections of the code to improve predictability for Illinois land use planners.
Introduction; The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein
Introduction; The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein
Northern Illinois University Law Review
This address explores the contributions made by Nollan v. California Coastal Commission and Dolan v. City of Tigard to land use law. According to the speaker, the two cases move the analysis in the proper direction by placing constraints on city planners who would require land owners to forfeit property rights as a condition for permission to improve their property. The speaker advocates that the cost of what a government wants to accomplish should be distributed evenly among those who benefit, and not be borne exclusively by one land owner as a condition for a building permit. In addition, the …
Conditional Zoning In Illinois: Beast Or Beauty?, Charles L. Siemon
Conditional Zoning In Illinois: Beast Or Beauty?, Charles L. Siemon
Northern Illinois University Law Review
Although courts have traditionally been skeptical of conditional zoning, the fundamental and well taken grounds for such skepticism have been eclipsed by the emergence of planning. Conditions which are imposed pursuant to a comprehensive plat and are directed at achieving the goals of the plan are likely to be upheld, particularly if they are designed to benefit the surrounding properties and to advance the public welfare. A bilateral agreement which expressly or impliedly commits a zoning authority to a legally binding promise is likely to be invalid. This article examines Goffinet v. Christian County, the leading Illinois case on both …
Strange Economics Of Land Use Law: From Euclid To Euclid, Ronald S. Cope
Strange Economics Of Land Use Law: From Euclid To Euclid, Ronald S. Cope
Northern Illinois University Law Review
This article reviews some of the major cases of twentieth century land use law. The author points out that even if an economic analysis is applied to Dolan v. City of Tigard, Dolan was in a better economic position with the required exactions and therefore there was really no taking. In addition, the author contends that the responsibility for the burden of increased public improvement should rest with those who are in fact creating the need.
Desire For Community Growth In Northeastern Illinois As Reflected In Annexation Agreements, Kimberly L. Sullivan
Desire For Community Growth In Northeastern Illinois As Reflected In Annexation Agreements, Kimberly L. Sullivan
Northern Illinois University Law Review
It has been argued that Illinois land use law gives municipalities within the State of Illinois broad discretion in making land use decisions. This being the case, the question becomes whether such latitude actually results in inequitable treatment of landowners across the state. To answer this question, recent annexation agreements from a sample of six Chicago area municipalities were examined to determine the concessions and restrictions different municipalities place on parcels of land being annexed into their communities. While some interesting patterns and relationships existed among the agreements from the sample communities, time analysis showed that the annexation agreements were …
Planned Unit Development And Takings Post Dolan, Clyde W. Forrest
Planned Unit Development And Takings Post Dolan, Clyde W. Forrest
Northern Illinois University Law Review
Growing tensions between government efforts to require private property use or development in ways that promote the health, safety, and general quality of life within our communities are exacerbated by the so-called "Takings" cases. In Dolan v. City of Tigard, the United States Supreme Court declared a local condition of approval of a development permit to be insufficiently supported by the findings of the city. This article discusses how this decision seriously undermines the traditional presumption of validity of local Planned Unit development permit decisions and imposes a level of proof about such conditions which may result in denials of …
Development Impact Fees: A Review Of Contemporary Techniques For Calculation, Data Collection And Documentation, Roger K. Dahlstrom
Development Impact Fees: A Review Of Contemporary Techniques For Calculation, Data Collection And Documentation, Roger K. Dahlstrom
Northern Illinois University Law Review
This article discusses the consequences that the United States Supreme Court decision in Dolan v. City of Tigard has had on the ability of local land use regulators to impose development impact fees. The author notes that Dolan allows local land use regulators to utilize a "rough proportionality" test for determining the amount of development impact fees that may be assessed, and the author provides cogent examples of calculating and documenting such fees in the city of Elgin, Illinois.
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Northern Illinois University Law Review
The constitutional rules of the game for environmental and land-use advocates and commentators shifted noticeably during the October 1991 Term of the United States Supreme Court. This article considers the impact of three recent cases--Lucas, Yee, and PFZ--on the structure and patterns of federal takings law and on the strategy employed by those charged with challenging or supporting regulations that arguably effect a taking of private property in the public interest.
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Northern Illinois University Law Review
The final session of the symposium produced lively discussion among panel participants and the audience. The panel members addressed the practical implications of land use law from the view of developers, academicians, judges and legislators.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
Northern Illinois University Law Review
This article is an edited version of Professor Ziegler's presentation which provides an outsider's perspective on the current issues facing Illinois land use law. From this perspective, Professor Ziegler examines the adequacy of Illinois regulatory authority, addresses the role of judicial review in the context of zoning decisions, and analyzes the need for planning. Professor Ziegler concludes that better utilization of regulatory authority and an emphasis on planning would provide a better framework for local communities to have zoning classifications sustained on review.
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Northern Illinois University Law Review
Ms. Baran begins her article by discussing the impetus for the Illinois Annexation Agreement Statute. Next, she provides the reader with a thorough analysis of each provision of the statute with particular emphasis on the enforceability of agreements. Ms. Baran notes that uncertainties associated with development make the statute appealing to developers and municipal officials. She believes that the statute provides a sufficient basis for agreements and that it may not be necessary for Illinois to move toward a more specific developer agreement statute. She does, however, promote the position that the statute should be brought up to date and …
Luncheon Address, Lawrence B. Christmas
Luncheon Address, Lawrence B. Christmas
Northern Illinois University Law Review
The speaker reviews the recommendations for correcting Illinois land use policy made by major municipalities in northeastern Illinois. The Northeastern Illinois Planning Commission recruited volunteers to form five task forces for the purpose of developing a new plan. The author notes the areas of the new plan that call for legislative action and questions whether Illinois will move toward planning at the state and regional levels.
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
Northern Illinois University Law Review
This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.