Law Commons^™

Interlocal Power Roulette, Daniel B. Rosenbaum

Indiana Law Journal

Local governments inhabit a crowded ecosystem. Cities, counties, and school districts—and many more—share overlapping territorial jurisdictions. Overlapping jurisdiction goes hand-in-hand with redundant local power, defined as a scenario where multiple governments hold independent authority to take the exact same action in the exact same territorial space. In Maine, for example, state law empowers three local bodies to operate the same sewer infrastructure. In Detroit, two separate entities are equally tasked with managing the city’s streetlights. And in communities across the country, local governments are broadly authorized to own the same parcels of public land, including in Oakland, California, where public …

The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson

Indiana Law Journal

Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move to places, such as Texas, where housing is far cheaper. I have been engaged in an empirical study of zoning practices in Silicon Valley, Greater New Haven, and Greater Austin. This Article presents one of my central findings, induced from those metropolitan areas and elsewhere: local zoning politics typically freezes land uses in an established neighborhood of …

The Third Age Of Oil And Gas Law, James Coleman

Indiana Law Journal

History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil and gas industry possible and soon spread as the model for development around the world. In the second age of oil and gas law, landowners and nations across the globe developed new legal agreements that improved upon the lease and won these resource owners …

Zoning For Families, Sara C. Bronin

Indiana Law Journal

Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …

Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman

Indiana Law Journal

Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND

EVOLUTIONARY APOCALYPSE....................................................................... 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES

TO BIODIVERSITY LOSS .................................................................................... 310

A. OVERKILL ........................................................................................... 310

B. ALIEN INVASIVE SPECIES ..................................................................... 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321

1. ISLAND BIOGEOGRAPHY .............................................................. 321

2. PUBLIC LANDS MANAGEMENT..................................................... 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO

GLOBAL COMMONS .......................................................................................... 329

A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330

1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330

2. CRITICAL HABITAT ..................................................................... 333

3. INTERAGENCY CONSULTATION .................................................... 333

B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335

C. …

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …

Taking The Oceanfront Lot, Josh Eagle

Indiana Law Journal

Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …

Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar

Indiana Law Journal

Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes

Indiana Law Journal

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Indiana Law Journal

No abstract provided.

Land-Use Controls: Cases And Materials. By Robert C. Ellickson And A. Dan Tarlock., Robert J. Hopperton

Indiana Law Journal

No abstract provided.

An Appropriate Economic Model Of Judicial Review Of Suburban Growth Control, Neal A. Roberts

Indiana Law Journal

No abstract provided.

Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers

Indiana Law Journal

No abstract provided.

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …

Exploring The Role Of Taxation In The Land Use Planning Process, Barry A. Currier

Indiana Law Journal

No abstract provided.

Clug, Community Land Use Game: Player's Manual With Selected Reading And Instructors Manual With Materials, By Allan G. Feldt, Anthony B. Dotson, Margaret Warne Monroe, David S. Sawick, Stephen E. Kalish

Indiana Law Journal

No abstract provided.

Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe

Indiana Law Journal

No abstract provided.

Discovery Of Expert Opinion In Land Condemnation Proceedings

Indiana Law Journal

No abstract provided.

Vacating Plat Dedications In Indiana

Indiana Law Journal

No abstract provided.

Right Of Way Acquisition, Damage Problem Created By The Limited Access Highway

Indiana Law Journal

No abstract provided.

Urban Planning And Municipal Public Policy, By Donald H. Webster, Daniel R. Mandelker

Indiana Law Journal

No abstract provided.

Land Use Controls, By Frank E. Horack Jr. And Van Nolan Jr., J.H. Beuscher

Indiana Law Journal

No abstract provided.

Wrongful Subdivision Approval By The Plan Commission: Remedies Of The Buyer And City

Indiana Law Journal

No abstract provided.

Eminent Domain: Intergovernmental Conflicts

Indiana Law Journal

No abstract provided.

Conservation Of Dwellings: The Prevention Of Blight

Indiana Law Journal

No abstract provided.

An Analysis Of Subdivision Control Legislation

Indiana Law Journal

No abstract provided.

Eminent Domain

Indiana Law Journal

Indiana Legislation, 1947

Conservancy Districts

Indiana Law Journal

Indiana Legislation, 1947