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1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin May 2013

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin May 2013

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin May 2013

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin May 2013

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin May 2013

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin May 2013

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Patricia E. Salkin

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.


Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin May 2013

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Law Of The Land – Year In Review, Patricia E. Salkin May 2013

Law Of The Land – Year In Review, Patricia E. Salkin

Patricia E. Salkin

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …


Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin May 2013

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

Patricia E. Salkin

Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb May 2013

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Patricia E. Salkin

Part I of this Article discusses many of the factors contributing to the fiscal crisis at the local level in New York including historic decreases in federal and state revenue sharing, the imposition of a new property tax cap, the failure of New York to address meaningfully the subject of unfunded mandates on local governments, and the dependency of some local jurisdictions on the timely adoption of a state budget. Part II discusses concepts of deliberative democracy and how local residents might be engaged to become partners with local officials in making difficult fiscal decisions that impact all community residents. …


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin May 2013

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin May 2013

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin May 2013

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin May 2013

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Patricia E. Salkin

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.


States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin May 2013

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Patricia E. Salkin

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …


Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin May 2013

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Patricia E. Salkin

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.


U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin May 2013

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin May 2013

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin May 2013

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin May 2013

Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin

Patricia E. Salkin

The article discusses the subject of land use planning and zoning for an aging community.


Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin May 2013

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin Jul 2012

Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin Jul 2012

Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin

Patricia E. Salkin

With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …


From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin Jul 2012

From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


2009 Ethical Considerations In Land Use, Patricia E. Salkin Jul 2012

2009 Ethical Considerations In Land Use, Patricia E. Salkin

Patricia E. Salkin

This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation, A number of themes emerged from the round of litigation in the last year. The most surprising discovery was for a second year in a row, the number of reported cases involving allegations of unethical conduct on the part of land use attorneys. This article reviews these cases, as well as cases involving conflicts based on community involvement, familial relationships, employment and financial interests; and cases involving allegations of bias and prejudgment.


Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin Jul 2012

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jul 2012

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin Jul 2012

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

Patricia E. Salkin

New York ranks eight out of the 50 states in terms of carbon emissions. While the State government is just beginning to enact meaningful programs and incentives to encourage municipal policies and actions that will reduce the impact of local decisions on our carbon footprint, a number of local governments across the State have already been at work developing and adopting "greening" strategies, policies and regulations. While the New York State Bar Association has released for comment a report of its Task Force on Global Warming which documents an impressive two-dozen current state-level laws and programs on climate change, the …


The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin Jul 2012

The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jul 2012

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.