Law Commons^™

It's Been A Long Time Coming: A Short Manifesto For Urgently Needed Change In Land Use Law & Regulation, Colin Crawford

Journal of Comparative Urban Law and Policy

No abstract provided.

Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann

William & Mary Environmental Law and Policy Review

No abstract provided.

Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez

William & Mary Environmental Law and Policy Review

In 2015, the City of Los Angeles adopted the controversial Mobility Plan 2035. The Plan restructures city transportation planning by emphasizing alternatives to cars for the next twenty years. Predictably, bike lanes became its most polemic aspect. The Plan envisions dramatic increases in bike lanes throughout car-obsessed Los Angeles. This bike lane increase was challenged in court, with objectors claiming that eliminating car lanes would increase congestion and compromise air quality. These arguments are ironic, since environmental justifications typically motivate bike projects.

The Mobility Plan illustrates how law supports and challenges bike lane projects. This Article argues that although this …

Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman

Montana Law Review

No abstract provided.

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.

Fred Bosselman And The Taking Issue, David L. Callies

Touro Law Review

No abstract provided.

The Future Of Eirs In Land Use Regulation , John M. Winters

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.

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

Pepperdine Law Review

No abstract provided.

The Specific Plan In California: A Developing Concept For The Resolution Of Conflicts In Land Use, Lindell L. Marsh, Bruce G. Merritt

Pepperdine Law Review

No abstract provided.

Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace

Golden Gate University Environmental Law Journal

The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major water supply …

Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak

Golden Gate University Environmental Law Journal

This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …

The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose

Golden Gate University Environmental Law Journal

This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …

How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock

Golden Gate University Environmental Law Journal

The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for water. Predicting the future is impossible, but the most conservative …

Development Rights Transfer In Livermore: A Planning Strategy To Conserve Open Space, Patricia Sheehan Peterson, Gerald Richards

Golden Gate University Law Review

No abstract provided.

Smart Growth, State Policy And Public Process In Maine: The Dunstan Crossing Experience, Sylvia Most, Samuel B. Merrill, Jack D. Kartez

Maine Policy Review

Sprawling development in Maine’s growth areas continues in spite of the state’s emphasis on comprehensive planning over the past 20 years. In this article, the authors present some lessons to be learned from Scarborough’s Dunstan Crossing project, a planned development which would have incorporated many of the goals of the national “smart growth” movement. The project was approved by the elected town council (one of whom is co-author Sylvia Most), and it was in compliance with Scarborough’s town comprehensive plan. Nonetheless, the project for now has effectively been blocked after a lengthy period, described here, that saw a citizen referendum, …

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

Regional Planning And Land Use Localism: Can They Coexist?, Scott A. Bollens

New England Journal of Public Policy

The potential effectiveness and citizen acceptance of emerging regional and state land use planning programs in New England is examined. To be successful, these programs must find acceptance within a system of historically home-rule, town-based land use governance. This article investigates the interplay between regionalism and parochialism, discusses emerging strategies, and reports on a telephone survey of over three hundred Cape Cod residents that examined local opinion regarding the proposed creation of a regional land use regulatory commission. These citizens were queried about the perceived consequences of greater-than-local land use planning. Although local parochialism was found to be a strongly …

Growth Management In The 1980s: A New Consensus And A Change Of Strategy, Susan M. Sinclair

New England Journal of Public Policy

After a decade of relative silence on the issue of land use planning, legislatures in several states are reassessing the relative roles of state and local governments in the management of growth and development. When state governments first addressed the land use issue in the late 1960s and the early 1970s, environmental concerns dominated the debate. During this period a number of states established regulatory mechanisms for bringing certain kinds of development under state review. During the late 1970s and early 1980s there was a hiatus in state-level activity on land use issues. Since 1985, however, the issue has reemerged …