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Articles 1 - 15 of 15
Full-Text Articles in Law
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
William & Mary Law Review
Erosion, storms, and the migration of the barrier islands that comprise the Outer Banks themselves are not new. The rising seas that have resulted from climate change have merely exacerbated what has always occurred. What is new, however, is the economic havoc that natural processes and disasters alike can wreak on the islands. Today, because climate change has accelerated natural island migration, individuals, local governments, and the federal government alike have a lot to lose in the fight against the tides.
[...]
This Note will evaluate a variety of potential solutions to the problems that pose nearly existential threats to …
Stale Real Estate Convenants, Robert C. Ellickson
Stale Real Estate Convenants, Robert C. Ellickson
William & Mary Law Review
Since the 1970s, covenants running with the land have tethered a large majority of the new housing units produced in the United States. These private restraints usually continue for generations, until a majority or supermajority of covenant beneficiaries affirmatively vote to amend or terminate them. Covenants interact with public land use controls, particularly zoning ordinances. Zoning politics tends to freeze land uses in urban America, particularly in existing neighborhoods of single-family homes. This Article investigates to what extent covenants exacerbate the zoning freeze. It provides a history of the use of private covenants and suggests how drafters, judges, and legislators …
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl
William & Mary Law Review
No abstract provided.
Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent
Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent
William & Mary Law Review
No abstract provided.
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
William & Mary Law Review
No abstract provided.
Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin
Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin
William & Mary Law Review
No abstract provided.
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
William & Mary Law Review
In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …
Public Access To Virginia's Tidelands: A Framework For Analysis Of Implied Dedications And Public Presecriptive Rights, Margit Livingston
Public Access To Virginia's Tidelands: A Framework For Analysis Of Implied Dedications And Public Presecriptive Rights, Margit Livingston
William & Mary Law Review
No abstract provided.
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
William & Mary Law Review
No abstract provided.
Upzoning, Public Policy, And Fairness - A Study And Proposal, Richard W. Bartke, John S. Lamb
Upzoning, Public Policy, And Fairness - A Study And Proposal, Richard W. Bartke, John S. Lamb
William & Mary Law Review
No abstract provided.
Modern Social Problems And Land Use Regulation - The New Jersey Experience
Modern Social Problems And Land Use Regulation - The New Jersey Experience
William & Mary Law Review
No abstract provided.
The Regulation Of Subdivisions, John L. Fitzgerald
The Regulation Of Subdivisions, John L. Fitzgerald
William & Mary Law Review
No abstract provided.
Eminent Domain - Consequential Damages - Noise Element - Dennison V. State, 239 N.E. 2d 708 (N.Y. 1968), Haldane Robert Mayer
Eminent Domain - Consequential Damages - Noise Element - Dennison V. State, 239 N.E. 2d 708 (N.Y. 1968), Haldane Robert Mayer
William & Mary Law Review
No abstract provided.
The Termination Of Nonconforming Uses, Marvin M. Moore
The Termination Of Nonconforming Uses, Marvin M. Moore
William & Mary Law Review
No abstract provided.
Real Property - Gates Across Right Of Way, Neil W. Schilke
Real Property - Gates Across Right Of Way, Neil W. Schilke
William & Mary Law Review
No abstract provided.