Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgia State University College of Law (5)
- University of Baltimore Law (2)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- Central Bank of Nigeria (1)
-
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- The University of Maine (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Journal of Comparative Urban Law and Policy (5)
- University of Baltimore Journal of Land and Development (2)
- Brooklyn Law Review (1)
- Chicago-Kent Law Review (1)
- Economic and Financial Review (1)
-
- Georgia Journal of International & Comparative Law (1)
- Indiana Law Journal (1)
- Maine Policy Review (1)
- Pepperdine Law Review (1)
- Seattle University Law Review (1)
- Sustainable Development Law & Policy (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson
Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson
Vanderbilt Journal of Entertainment & Technology Law
While cities can use their power to enact zoning ordinances and create historic preservation districts, these preservation ordinances vary widely across the United States, from allowing almost any type of development to strictly limiting any new development that does not match existing height, density, and use patterns. Within this framework, state legislatures have often limited the types of regulatory actions cities may take, as cities are merely political subdivisions of the state. Some states—known as “Dillon’s Rule” states—restrict cities from taking novel legislative approaches to existing policy issues, such as affordable housing, unless those powers are expressly provided to the …
Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner
Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner
Sustainable Development Law & Policy
“Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and …
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Washington Law Review
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …
The Great Senior Short-Sale Or Why Policy Inertia Will Short Change Millions Of America's Seniors, Arthur C. Nelson
The Great Senior Short-Sale Or Why Policy Inertia Will Short Change Millions Of America's Seniors, Arthur C. Nelson
Journal of Comparative Urban Law and Policy
No abstract provided.
The Life And Death Of Great Cities In The Time Of Climate Change And The Covid-19 Pandemic, James Kushner
The Life And Death Of Great Cities In The Time Of Climate Change And The Covid-19 Pandemic, James Kushner
Journal of Comparative Urban Law and Policy
No abstract provided.
The Land Use Act And The Nigerian Housing Sector, Yusuf Yahaya
The Land Use Act And The Nigerian Housing Sector, Yusuf Yahaya
Economic and Financial Review
The article discusses the Land Use Act and the and how it has affected developments in the Nigerian housing sector. Prior to the Land Use Act, all the existing tenure systems encouraged land holding without an obligation to develop them, fragmentation and uncoordinated alienation, hoarding speculatively for value appreciation and without precise documentation. Consequently, the Land Use Act was enacted to: make land easily accessible to all Nigerians; prevent speculative purchases of communal land; streamline and simplify the management and ownership of land; make land available to government at all levels for development; provide the system of government administration of …
Singapore, Land Use And The Lessons For Human Development, Wellington Migliari
Singapore, Land Use And The Lessons For Human Development, Wellington Migliari
Journal of Comparative Urban Law and Policy
A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban …
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan
Chicago-Kent Law Review
Mobile homes are a primary source of shelter for America’s poor and working classes. A large share of the nation’s mobile home stock is found in mobile home parks where residents own their homes but lease the land under their homes from private landlords. Urban growth has put pressure on park landlords to sell and redevelop mobile home parks. When parks are redeveloped mobile home residents are evicted and entire communities are destroyed. Residents lose their homes and home equity as they struggle to relocate their homes to different parks or are forced to abandon them. Through two continuous years …
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
University of Michigan Journal of Law Reform
A relatively new proposal to reduce homelessness in the United States involves extraordinarily small dwellings. While the “tiny house” movement is intuitively appealing and has found sporadic success, strict housing codes, building codes, and zoning laws often destroy the movement before it can get off the ground. One possibility for getting around these zoning and building code challenges, without drastic overhauls to health and safety codes, is to create a new state-level zoning classification of “transitional campgrounds.” A new zoning classification would alleviate the issue because campgrounds are consistently subject to less strict building codes, which could permit tiny houses …
Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce
Journal of Comparative Urban Law and Policy
No abstract provided.
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter
Seattle University Law Review
Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts
Georgia Journal of International & Comparative Law
No abstract provided.
Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein
Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein
University of Baltimore Journal of Land and Development
On April 11, 2013, new rules and regulations regarding Baltimore City's property tax credits became effective. Similar to the payments in lieu of taxes program (PILOT), Baltimore City has enacted rules and regulations that afford property owners a major tax credit for developing and, or converting current buildings into high-performance market-rate rental housing. Baltimore City Mayor, Stephanie Rawlings- Blake, is optimistic about the tax credit, believing the credit will spur development within Baltimore City. The city believes that development projects will attract new residents to Baltimore City, as well as deter current residents from leaving the city for areas that …
Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth
Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth
Pepperdine Law Review
No abstract provided.
How Uncertainty In The Redrawing Of School Districts Affects Housing Prices, A Case Study: Comparing Neighborhoods In Charlotte, North Carolina And Columbia, Maryland, Kristen Ulan
University of Baltimore Journal of Land and Development
No abstract provided.
Community Land Trusts: Permanently Affordable, Resident-Controlled Housing, Fred Stocking
Community Land Trusts: Permanently Affordable, Resident-Controlled Housing, Fred Stocking
Maine Policy Review
Since 1997 Maine has enjoyed one of the highest levels of home ownership in the country. As Fred Stocking points out, homeownership contributes to community stability and provides a sense of security to families. Yet not all of Maine families are able to achieve their dream of homeownership. Community Land Trusts (CLTs) represent an attempt to build community and solve an affordable housing problem for Maine’s low-income residents. CLTs are non-profit organizations that require the joint involvement of residents and non-residents in the housing development and management, and resale price restrictions that keep the housing affordable indefinitely. In this article …
Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker
Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker
West Virginia Law Review
No abstract provided.
Conservation Of Dwellings: The Prevention Of Blight
Conservation Of Dwellings: The Prevention Of Blight
Indiana Law Journal
No abstract provided.