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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.


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.


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.


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin May 2013

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Patricia E. Salkin

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …


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.


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.


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.