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2008

Land use

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At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner Dec 2008

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …


Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher Dec 2008

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.


Alternative Land Use Patterns To Minimize Congestion (Volume 2: Evaluating The Feasibility Of New Urbanism In An Existing Neighborhood), Huei Koh, Jon D. Fricker Dec 2008

Alternative Land Use Patterns To Minimize Congestion (Volume 2: Evaluating The Feasibility Of New Urbanism In An Existing Neighborhood), Huei Koh, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …


Alternative Land Use Patterns To Minimize Congestion (Volume 3: Empirical Study Of Mixed Land Use Traditional Neighborhoods), Li Jin, Jon D. Fricker Dec 2008

Alternative Land Use Patterns To Minimize Congestion (Volume 3: Empirical Study Of Mixed Land Use Traditional Neighborhoods), Li Jin, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …


Alternative Land Use Patterns To Minimize Congestion (Volume 1: Comparative Analysis Of Mixed Land Use And Separated Land Use Neighborhoods), Amica Bose, Jon D. Fricker Dec 2008

Alternative Land Use Patterns To Minimize Congestion (Volume 1: Comparative Analysis Of Mixed Land Use And Separated Land Use Neighborhoods), Amica Bose, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …


Incorporating Spatial Data And Gis To Improve Sea Of Land Use Plans: Opportunities And Limitations: Case Studies In The Republic Of Ireland, Ainhoa Gonzalez Del Campo Nov 2008

Incorporating Spatial Data And Gis To Improve Sea Of Land Use Plans: Opportunities And Limitations: Case Studies In The Republic Of Ireland, Ainhoa Gonzalez Del Campo

Doctoral

This research aimed at establishing whether spatial data and Geographic Information Systems (GIS) can contribute to Strategic Environmental Assessment (SEA). To achieve this, an integrated GISEA approach was developed and applied to a number of spatial planning SEAs in the Republic of Ireland. The practical applicability of the approach was examined, evaluating the potential benefits derived from using spatial data and GIS in SEA and assessing the potential barriers to an effective GIS use. The implementation of the SEA Directive incorporated a new dimension into plan-making by calling for the assessment of potential environmental effects that may derive from implementing …


Threats To The Robert B. Gordon Area For Environmental Studies (Gna), West Chester University Of Pennsylvania Nov 2008

Threats To The Robert B. Gordon Area For Environmental Studies (Gna), West Chester University Of Pennsylvania

Gordon Natural Area History & Strategic Plan Documents

No abstract provided.


The Economic Impact Of Crp Acres In South Dakota Returning To Crop Production, Gary Taylor, Larry Janssen Sep 2008

The Economic Impact Of Crp Acres In South Dakota Returning To Crop Production, Gary Taylor, Larry Janssen

Economics Staff Paper Series

The Conservation Reserve Program (CRP) was created in the 1985 Farm Bill as a program to remove highly erodible and environmentally sensitive land from agricultural production for from 10 to 15 years. Although CRP was originally viewed as a supply control program it rapidly evolved into a program that met many environmental objectives. In 2007 South Dakota had 729,397 acres of CRP contracts expired, which was nearly 47% of the 1.56 million acres enrolled in the program. During this period, there was no new farm bill or new CRP policy provisions. The policy environment in late 2006 and most of …


Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon Jul 2008

Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.


Slides: Linking Growth, Land Use And Water, Jim Holway Jun 2008

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides


Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott Jun 2008

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides


Slides: Incorporating Community Values Of Sustainability Into Resource Management: The Red Lady Case Study, Wendy Mcdermott Jun 2008

Slides: Incorporating Community Values Of Sustainability Into Resource Management: The Red Lady Case Study, Wendy Mcdermott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Wendy McDermott, Executive Director, High Country Citizens' Alliance, www.hccaonline.org

33 slides


Where To Put Things? Spatial Land Management To Sustain Biodiversity And Economic Returns, Stephen Polasky, Erik Nelson, Jeff Camm, Blair Csuti, Paul Fackler, Eric Lonsdorf, Claire Montgomery, Denis White, Jeff Arthur Jun 2008

Where To Put Things? Spatial Land Management To Sustain Biodiversity And Economic Returns, Stephen Polasky, Erik Nelson, Jeff Camm, Blair Csuti, Paul Fackler, Eric Lonsdorf, Claire Montgomery, Denis White, Jeff Arthur

Economics Faculty Publications

Expanding human population and economic growth have led to large-scale conversion of natural habitat to human-dominated landscapes with consequent large-scale declines in biodiversity. Conserving biodiversity, while at the same time meeting expanding human needs, is an issue of utmost importance. In this paper we develop a spatially explicit landscape-level model for analyzing the biological and economic consequences of alternative land-use patterns. The spatially explicit biological model incorporates habitat preferences, area requirements and dispersal ability between habitat patches for terrestrial vertebrate species to predict the likely number of species that will be sustained on the landscape. The spatially explicit economic model …


Portland Me: Affordable Housing V. Open Space, Patrick Wright, Brett Richardson, Richard Barringer May 2008

Portland Me: Affordable Housing V. Open Space, Patrick Wright, Brett Richardson, Richard Barringer

Planning

Amid an acknowledged “affordable housing crisis”, a first-time developer approaches the City to release part of a tax-acquired property, promising a smart-growth development that would provide sorely needed starter homes for working families. The case highlights the complications of balancing competing interests in Portland ME. It shows where rational planning fails in the presence of strong neighborhood opposition, a disjointed city staff structure, and the absence of political will among City Councilors. It highlights the need for champions within local government when a project evokes competing interests. It demonstrates the extent to which “words matter” to policy outcomes, and who …


Brunswick Me: De-Militarizing The Bnas, Anne Holland, Brett Richardson, Richard Barringer May 2008

Brunswick Me: De-Militarizing The Bnas, Anne Holland, Brett Richardson, Richard Barringer

Planning

Closure of the Brunswick Naval Air Station in 2011 will have profound economic impacts on the entire mid-coast Maine region of Maine, with an estimated loss of 6,500 jobs and $330 million annual income. Throughout the Base Realignment and Closure process, Brunswick, the region, and the State of Maine followed federal rules and developed the federally-funded Brunswick Local Redevelopment Authority (BLRA) to plan for reuse of the 3300 acre base. In its planning process, the BLRA adhered to a number of well thought-out Guiding Principles, including the use of extensive public participation and the consideration of “smart growth” principles and …


Filling The Gap: Improving Estimates Of Working Tree Resources In Agricultural Landscapes, C. H. Perry, C. W. Woodall, G. C. Liknes, Michele M. Schoeneberger Mar 2008

Filling The Gap: Improving Estimates Of Working Tree Resources In Agricultural Landscapes, C. H. Perry, C. W. Woodall, G. C. Liknes, Michele M. Schoeneberger

USDA Forest Service / UNL Faculty Publications

Agroforestry plantings and other trees intentionally established in rural and urban areas are emerging as innovative management options for addressing resource issues and achieving landscape-level goals. An understanding of the ecosystem services contributed by these and future plantings would provide critical information to policy and program developers, and a comprehensive inventory would contribute to estimating the cumulative effects of these plantings. Trees used in these practices are not explicitly inventoried by the primary national forest resource inventory of the United States: the Forest Inventory and Analysis (FIA) program of the USDA Forest Service. The FIA program currently limits its inventories …


Oyster Harbour Catchment Appraisal 2007, Ron Master, South Coast Agricultural Rca Team Mar 2008

Oyster Harbour Catchment Appraisal 2007, Ron Master, South Coast Agricultural Rca Team

Resource management technical reports

No abstract provided.


Japanese American Internment Centers On United States Indian Reservations: A Geographic Approach To The Relocation Centers In Arizona, 1942-1945, Kristen L. Michaud Jan 2008

Japanese American Internment Centers On United States Indian Reservations: A Geographic Approach To The Relocation Centers In Arizona, 1942-1945, Kristen L. Michaud

Masters Theses 1911 - February 2014

No abstract provided.


A Watershed Analysis Of Pattee Pond: Implications For Water Quality And Land Use Management, Problems In Environmental Science Course (Biology 493), Colby College, Colby Environmental Assessment Team, Colby College Jan 2008

A Watershed Analysis Of Pattee Pond: Implications For Water Quality And Land Use Management, Problems In Environmental Science Course (Biology 493), Colby College, Colby Environmental Assessment Team, Colby College

Colby College Watershed Study: Pattee Pond (2008, 1992)

The Colby Environmental Assessment Team (CEAT) investigated the impact of land use patterns on the water quality of Pattee Pond in Winslow, Maine, during the summer and fall of 2008. Physical, chemical, and biological characteristics of water quality were analyzed to evaluate the current health of the lake. Data collected were compared with previous studies conducted by the Maine Department of Environmental Protection (DEP) and CEAT to examine changes in water quality and land use over time. Trends in Pattee Pond water quality suggest an improvement since the 1970s. However, the lake is still experiencing algal blooms resulting from phosphorus …


Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown Jan 2008

Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown

Law Faculty Publications

The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, …


Expansion Of Golf Courses In The United States, Darrell E. Napton, Chris Laingen Jan 2008

Expansion Of Golf Courses In The United States, Darrell E. Napton, Chris Laingen

Faculty Research and Creative Activity

Twenty-five million Americans play golf on the nation's 16,000 courses each year. These golf courses constitute a significant national landscape feature. Since 18789, when the game arrived in the United States, golf has filtered down the urban, economic, and social hierarchies to become accepted by and accessible to most Americans. During the ensuing thirteen decades the number, location, and layout of the nation's golf courses have responded to many of the same driving forces that impacted the nation, including decentralization, growth of the middle class, war, economic depression, suburbanization, and the increasing role of the federal government. Four epochs of …


Plainly Wrong: The High Court Takes The Low Road, David E. Wilkins Jan 2008

Plainly Wrong: The High Court Takes The Low Road, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The court's most recent salvo in the Long case is no exception. I wrote about this case in April in this paper when the court had just heard oral arguments. My column was titled "A Matter of Disrespect" because in reading the transcript of the oral arguments, it was plainly evident in the questions raised by Chief Justice John Roberts and Justice Antonin Scalia that they had very little respect for the legitimacy of tribal courts or their decisions.

The question that must be asked: Why are tribal courts treated differently than non-Indian courts? Not willing to confront this head-on, …


Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin Jan 2008

Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin

Scholarly Works

People have been trying to exclude chain stores from their communities for decades. This includes "big-box" chains - the behemoth retailers that prefer an architecture of rectangular, single-story unadorned structures reaching 200,000 square feet or more - as well as national and international businesses including well-recognized fast food restaurants, drug stores and clothing retailers. The reasons for restricting these large corporate businesses include concerns over community character and aesthetics, local economics and self-reliance, and corporate ideologies. Over time, many municipalities have been forced to accept that "formula retail" and "franchise architecture" are simply part of the American economy. In many …


Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin Jan 2008

Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin

Scholarly Works

Conflicts of interest, bias, and appearance of impropriety continue to plague players in the land use game whose conduct, as public sector officials, must be beyond reproach. This article provides an annual review of reported cases and opinions involving allegations of unethical conduct in land use decision making. Conflicts of interest cases focus on attorneys, and address issues including of counsel relationships, disqualification and fees. Conflicts based upon financial interests for board members are explored, as well as unique relationships that may arise when colleges and universities seek approvals. Criminal aspects of decision maker conduct are also reported. Appearance of …


The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine Jan 2008

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine

Scholarly Works

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …


Land Use Law And Active Living: Opportunities For States To Assume A Leadership Role In Promoting And Incentivizing Local Options, Patricia E. Salkin, Amy Lavine Jan 2008

Land Use Law And Active Living: Opportunities For States To Assume A Leadership Role In Promoting And Incentivizing Local Options, Patricia E. Salkin, Amy Lavine

Scholarly Works

Obesity, asthma and nutrition are just three public health challenges facing children and adults that can be addressed through land use planning and zoning. States must take a leadership role in providing statutory authority and guidance for local governments to enact and implement laws and ordinances designed to promote active living. Land use policies, transportation policies, redevelopment policies and open space and recreation policies are key areas where reform is needed. This paper highlights existing examples from various states and offers lawmakers, policymakers and advocates options for reforming state laws to incentivize and influence local actions.


Understanding Community Benefits Agreements: Equitable Development, Social Justice And Other Considerations For Developers, Municipalities And Community Organizations, Patricia E. Salkin, Amy Lavine Jan 2008

Understanding Community Benefits Agreements: Equitable Development, Social Justice And Other Considerations For Developers, Municipalities And Community Organizations, Patricia E. Salkin, Amy Lavine

Scholarly Works

The opportunity to develop a Community Benefits Agreement (CBA) typically arises when a developer announces plans to construct a major project, such as a stadium or a theater complex. Local residents and business owners may often welcome these projects, but they may also have legitimate fears, such as: Will the project displace local residents and local businesses, either physically or through gentrification? Will it cause traffic problems and generate noise, pollution, or other nuisances? Will the economic development benefits espoused by the developer actually create jobs that pay a living wage and offer decent benefits for residents in the neighborhood …


Law Of The Land – Year In Review, Patricia E. Salkin Jan 2008

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

Scholarly Works

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 …


The Future Of Our Land: Presidential Leadership, John R. Nolon Jan 2008

The Future Of Our Land: Presidential Leadership, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Open letter to the President.


Losing Ground: Nation On Edge, John R. Nolon Jan 2008

Losing Ground: Nation On Edge, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The primary objective of our book is to refocus attention on the mitigation element of this enduring debate. The chapters in this edited volume grow out of our multiyear program entitled Nation on Edge. The purpose of this program was to draw together leading scholars and practitioners in a collective conversation on the subject of disaster mitigation; that is, on questions of how government can better manage private and public decisionmaking and can more effectively regulate the use of private property in order to curtail damage from inevitable disasters. Our book stands alongside the expanding collection of government reports, essays, …