Digital Commons Network^™

Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.

Rappahannock County Riparian Buffer Study, Center For Coastal Resources Management, Virginia Institute Of Marine Science

Reports

Riparian buffers (land bordering streams) are important zones for maintaining water quality and providing critical habitat. Rappahannock County has a rural landscape that presents the opportunity to record baseline conditions of riparian buffers. This study involved analyzing a small drainage area in the Upper Thornton River watershed to offer guidance on targeting riparian buffer restoration. Aerial imagery from the Virginia Base Mapping Program (VGIN, 2002) was used to create a digital data layer containing land uses and 100 ft. buffers around the streams. Buffer cover in the riparian buffers was identified as all forested, partially forested or no forest. A …

Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes how the American land use system has evolved to address recent environmental and economic development problems. It begins by tracing the history of the legal system used in the United States to control private sector land development and demonstrates how it achieved the flexibility needed to respond to modern challenges. The American land use system has paid a price for this flexibility: it is not a coherent whole, but rather a fragmented mosaic of legal influences. Impressive examples of cohesion are cited that suggest a strategic approach to reforming the system so that it can become an …

Mansfield Ct: Planning A New Village Center, Maggie Jones, Richard Barringer

Planning

The case follows the development of a plan for a new village center in Storrs, the central village of Mansfield, Connecticut. A process that was transparent and inclusive of the community members yielded a plan that gained the approval of the Town, the landowner (the University of Connecticut), and the citizenry. The process relied on the mending of fences, the leadership of key participants, and an innovative strategy that included development of a nonprofit corporation and creative use of grant money. While zoning changes are still in the works, the first stage of building goes forward.

Augusta Me: The New Bridge Begets A New Planned Neighborhood, Molly Pulsifer, Richard Barringer

Planning

Construction of a new Third Bridge over the Kennebec River in Augusta offered the prospect of a new and handsome gateway to the city. Further, the resulting change in traffic patterns offered the City the chance to plan for a pattern of development quite different from what the city had experienced for the past half-century. The case study describes the planning and construction of the new bridge and corridors that re-routed traffic out of Augusta’s downtown and older neighborhoods, and created the opportunity for planned development adjacent to the corridor created by the new bridge. It goes on to describe …

Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Maggie Fox, President, America Votes, Boulder, CO.

Presenter: Susan Avery, Interim Provost and Executive Vice-Chancellor for Academic Affairs, University of Colorado.

Presenter: Roger Pielke, Jr., Professor, Environmental Studies, Center for Science and Technology Policy Research, University of Colorado.

4 slides.

Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.

50 slides.

Amherst Ma: A New Village Plan For Atkins Corner, Maggie Jones, Richard Barringer

Planning

The case study describes a successful smart growth initiative in the town of Amherst, Massachusetts, at an intersection known as Atkins Corner. The initiative grew from two motivating factors: the necessity of realigning Route 116, a major north-to-south artery through the town, to decrease traffic accidents at the intersection and improve pedestrian safety; and a desire on the part of Hampshire College and the Town to create a village center at the intersection. Through a consensus-building process involving key town officials, Hampshire College, neighbors, and the design firm of Dodson Associates, agreement on the project was reached with local stakeholders …

Potential Impacts Of Climate Change On Agricultural Land Use Suitability : Barley, Dennis Van Gool, Luke Vernon

Resource management technical reports

A relatively simple model was developed to generate climate change scenarios for barley in Western Australia.

Potential Impacts Of Climate Change On Agricultural Land Use Suitability : Lupins, Dennis Van Gool, Luke Vernon

Resource management technical reports

A relatively simple model was developted to generate climate change scenarios for canola in Western Australia.

A Spatial Analysis Of Obesity In West Virginia, Anura Amarasinghe, Gerard D'Souza, Cheryl Brown, Tatiana Borisova

Regional Research Institute Working Papers

A spatial panel data analysis at the county level examines how individual food consumption, recreational, and lifestyle choices ― against a backdrop of changing demographic, built environment, and policy factors ― leads to obesity. Results suggest that obesity tends to be spatially autocorrelated; in addition to hereditary factors and lifestyle choices, it is also caused by sprawl and lack of land use planning. Policy measures which stimulate educational attainment, poverty alleviation, and promotion of better land use planning and best consumption practices (BCPs) could both reduce obesity and result in sustainable development of regions where obesity is prevalent and the …

The Influence Of Socioeconomic And Environmental Factors On Health And Obesity In Rural Appalachia, Anura Amarasinghe, Gerard D'Souza, Cheryl Brown, Hyungna Oh

Regional Research Institute Working Papers

A recursive system of ordered self assessed health (SAH) and a binary indicator of obesity were used to investigate the impact of socioeconomic and environmental factors on health and obesity in the predominantly rural Appalachian state of West Virginia. Behavioral Risk Factor Surveillance System (BRFSS) data together with county specific socioeconomic and built environment indicators were used in estimation. Results indicate that an individual’s risk of being obese increases at a decreasing rate with per capita income and age. Marginal impacts show that as the level of education attainment increases, the probability of being obese decreases by 3%. Physical inactivity …

Generalized Geologic Map For Land-Use Planning: Nelson County, Kentucky, Stephen F. Greb, Bart Davidson, Daniel I. Carey

Map and Chart--KGS

This map is not intended to be used for selecting individual sites. Its purpose is to inform land-use planners, government officials, and the public in a general way about geologic bedrock conditions that affect the selection of sites for various purposes. The properties of thick soils may supercede those of the underlying bedrock and should be considered on a site-to-site basis. At any site, it is important to understand the characteristics of both the soils and the underlying rock.

Social Dimensions In Rural Land Use Management In The Avon River Basin, B Toric

Resource management technical reports

The aim of the survey, based on responses of 16 farmers in the West Mortlock and Upper Yilgarn catchments in Western Australia was to determine: farmers' beliefs and attitudes towards land use strategies and practices; key community drivers, motivators and other factors in the community which impact on farmer decision-making; perceived control factors that facilitate or impede behaviour and their power; farmers views on land use management on their farm and in the region.

Potential Impacts Of Climate Change On Agricultural Land Use Suitability : Oats, Dennis Van Gool, Luke Vernon

Resource management technical reports

No abstract provided.

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

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

Scholarly Works

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.

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.

Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine

Scholarly Works

No abstract provided.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

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

Scholarly Works

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 …

Potential Impacts Of Climate Change On Agricultural Land Use Suitability : Canola, Luke Vernon, Dennis Van Gool

Resource management technical reports

A relatively simple model was developted to generate climate change scenarios for canola in Western Australia.

Soil-Landscapes Of Western Australia's Rangelands And Arid Interior, Peter J. Tille

Resource management technical reports

This report documents the process of placing the most recent and detailed mapping of Western Australia's Rangelands and Arid interior that is available into a hierarchy of soil-landscape mapping units. It also provides descriptions of the soil-landscape regions, provinces and zones identified.

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.

Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster

UF Law Faculty Publications

The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effects of a regulation on the incidents of property ownership. It serves as a constitutional protection against regulations that impose the functional equivalent to a classic taking of private property (an appropriation by the state or an ouster), and it requires compensation for owners who are subject to such regulations. Just as significant as declaring what the regulatory takings doctrine is, theCourt in Lingle also declared what it is not: it is not a judicial check onthe validity or reasonableness of a regulation that …

The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy

Faculty Scholarship

This Article draws on an episode of nineteenth-century American doctrinal history to develop a pluralist approach to explaining changes in property law. It addresses the question: What causes ac­count for the development of property regimes across time? The courts' answer emerges from examination of nineteenth-century American reform of the law of waste, which governs the changes te­nants may make in the estates they occupy. A line of state supreme court cases, beginning in 1810, transformed the doctrine from the strict rule of English common law to a flexible standard. Economic analysis helps to explain the change; the full story, however, …

Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill

Faculty Scholarship

Kelo v. City of New London, 125 S. Ct. 2655 (2005), is unique in the modem annals of law in terms of the negative response it has evoked. The initial reaction by lawyers familiar with the case was one of lack of surprise. Within days, however, Internet bloggers, television commentators, and neighbors talking over backyard fences decided that Keio was an outrage. Even Justice Stevens sought to distance himself from his own majority opinion, declaring in a speech to a bar association that he thought the outcome was "unwise," and that he would not have supported it if he were …