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Articles 1 - 16 of 16

Full-Text Articles in Law

Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier Apr 2017

Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier

Pepperdine Law Review

Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include the …


Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge May 2013

Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge

Pepperdine Law Review

No abstract provided.


California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight May 2013

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.


Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West May 2013

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.


Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson May 2013

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.


Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman May 2013

Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman

Pepperdine Law Review

No abstract provided.


Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable May 2013

Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable

Pepperdine Law Review

No abstract provided.


Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin May 2013

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin

Pepperdine Law Review

No abstract provided.


The Right Of Control Over The City Plan: Local Planner Versus The State Legislature And The Court, Carlyle W. Hall Jr. May 2013

The Right Of Control Over The City Plan: Local Planner Versus The State Legislature And The Court, Carlyle W. Hall Jr.

Pepperdine Law Review

No abstract provided.


Adoption Of The General Plan In California: Prelude To A Permanent Constitution, Donald M. Pach, Thomas E. Hookano, John E. Fischer May 2013

Adoption Of The General Plan In California: Prelude To A Permanent Constitution, Donald M. Pach, Thomas E. Hookano, John E. Fischer

Pepperdine Law Review

No abstract provided.


Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch May 2013

Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch

Pepperdine Law Review

No abstract provided.


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain Feb 2013

Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain

Pepperdine Law Review

This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.


Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki Nov 2012

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.


The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley Oct 2012

The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley

The Journal of Business, Entrepreneurship & the Law

This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …


The Abnormalcy Of Normal Delay, Kimberly Horsley Jul 2012

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.