Law Commons^™

Supreme Court Okays Restrictions On Commuter Parking

William & Mary Environmental Law and Policy Review

No abstract provided.

Land Use Regulation For Aesthetic Purposes

William & Mary Environmental Law and Policy Review

No abstract provided.

New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro

Buffalo Law Review

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

Pendergrast V. Aiken: The Resolution Of Surface Water Drainage Problems, Edwin M. Braswell

North Carolina Central Law Review

No abstract provided.

State Control Of Low Level Nuclear Wate Disposal, Myra Clark Lynch

Natural Resources Journal

No abstract provided.

Pre-Emption And The Commerce Clause Revisited: The 1975 Washington Tanker Law, Stephen D. Dillon

Natural Resources Journal

No abstract provided.

Virginia Subdivision Law: An Unreasonable Burden On The Unwary

Washington and Lee Law Review

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.

Delegation Of Legislative Authority On The State Level: Environmental Protection In New Mexico: Public Service Co. Of New Mexico Et Al. V. New Mexico Environmental Improvement Board, S. Bert Atkins

Natural Resources Journal

No abstract provided.

Federal Water Pollution Control Act Amendments Of 1972, Scott A. Taylor, Susan Wayland

Natural Resources Journal

No abstract provided.

Florida East Coast Railway V. City Of Miami, 321 So. 2d 545 (Fla. 1975), Craig B. Willis

Florida State University Law Review

Eminent Domain- PRIOR PUBLIC USE DOCTRINE: NEW JUDICIAL CRITERIA.

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor

University of Michigan Journal of Law Reform

This article will assess the constitutionality of zoning to promote noise-compatible development and the problems of establishing an institutional framework for such land use management. Particular attention will be paid to the location of authority to administer a noise-compatibility program and to procedures for enforcing the program's goals.

An Easterner's Perspective On Colorado Land Use Issues, E. F. Roberts

Cornell Law Faculty Publications

Land use planning all too easily can escalate into an Aristophanic cloud-cuckoo-land inhabited by two strange breeds. First, there is a species of lawyers whose verbal agility tends to divert attention away from the real issues at hand. Second, there are the cartographers whose urge to produce maps can actually have a chilling effect on efforts to plan because these maps are perceived as attempts by “the authorities” to corral the public into zones fashioned in the manner of a Rorschach test. An effort will be made here to steer a course between these extremes and to deal with planning …

Subdivision Exactions And Access To Public Beaches

William & Mary Environmental Law and Policy Review

No abstract provided.

Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer

Washington Law Review

It is our purpose to suggest that a land use policy which is socially equitable and environmentally sensitive is not resolved simply by labelling land as a "resource" rather than a "commodity." Instead, we propose to examine the special status land has enjoyed for many centuries, and which distinguishes it from other commodities, and to suggest that land transactions and land use should at last be scrutinized in a manner not unlike the treatment extended to a multitude of other commodities no more "affected with a public interest" than is land.

Statewide Land Use Plan For R.I., Chester Smolski

Smolski Texts

"The Rhode Island section of the American Institute of Planners has called it "the most significant single item of legistlation in the history of land planning in this state," and yet there is the real possibility that this far reaching measure may not be introduced for enactment in this session of the General Assembly."

Provisional Series 3 Projections: Population, Housing, Employment, And Land Uses - San Francisco Bay Region, Association Of Bay Area Governments

California Agencies

No abstract provided.

Requiring Preservation And Maintenance Of Historical District Is Within Zoning Power, Stephen Roger Kane

Mercer Law Review

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Regulating Location Of 'Adult Theaters' On Basis Of Film Content Is Constitutional, Alan Parker Layne

Mercer Law Review

In Young v. American Mini Theaters, the U.S. Supreme Court, in a 5- 4 decision, upheld a Detroit zoning ordinance that regulated the location of theaters exhibiting adult films. The Court rejected due-process and equal-protection arguments and concluded that First-Amendment principles were not offended even though the classification was based upon the content of the films.

On November 2, 1972, Detroit amended an "Anti Skid Row" ordinance enacted approximately ten years earlier.2 The 1972 amendment prohibited the location of "adult theaters" within 1,000 feet of any two other regulated uses.' Theaters exhibiting material that was "distinguished or characterized by …

The Future Of Excess Navy Lands: A Case Study Of The Quonset Point-Davisville, Rhode Island Coastal Fringe, Thomas E. Bigford

Theses and Major Papers

With spiraling costs in government, the American taxpayer and the Office of Management and Budget have encountered continuing problems in spending. One outcome of such economic hardships, emphasized in this period of peacetime, has been significant budgetary cutbacks in the Department of Defense. Translated through the political heirarchy, these cuts eventually resulted in the closing of many military bases. Regardless of the geographical location, each excessed base posed problems to the respective area and state. Problems arose concerning immediate socio-economic hardships in the region, changes in ownership of the land, and most obviously, future uses of the property.This subject is …

Contractors & Builders Association V. City Of Dunedin, 329 So. 2d 314 (Fla. 1976), Pamela Hotine Espenshade

Florida State University Law Review

Local Government - CONCEPT OF IMPACT FEES UPHELD BUT RESTRICTIONS IMPOSED ON SCOPE OF THE FEE AND USE OF FUNDS.

Virginia Zoning Review And Due Process

William & Mary Environmental Law and Policy Review

No abstract provided.

An Examination Of Some Of The Recent Amendments To The Ontario Landlord And Tenant Act, Morley Gorsky

Dalhousie Law Journal

Ontario's was the first Canadian legislature to attempt to overcome certain anomalies in the law applicable to residential tenancies.' The effect of many of the Act's provisions remained uncertain until authoritative court decisions were rendered. Would the courts view the Act as intending to overcome the traditional orientation of landlord and tenant law towards land law doctrine? Sufficient time has now passed for many of the most important provisions of the Act to have been adjudicated upon by the superior courts, and it would be safe to say that the Act usually has been given a liberal interpretation. Many of …

Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter

Dalhousie Law Journal

The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the …

Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review

Michigan Law Review

This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …

The Iceberg Cometh: International Law Relating To Antarctic Iceberg Exploitation, Thomas R. Lundquist

Natural Resources Journal

No abstract provided.

Federal Water Pollution Control Act - Technological And Economic Feasibility, Susan Wayland

Natural Resources Journal

No abstract provided.

The Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen

Articles by Maurer Faculty

In the past twenty-four years, Minnesota and forty-two other states in an effort to ease the growing burden on public parks and campgrounds have enacted recreational use statutes to encourage private landowners to open their land to the public for recreational use. As incentive, the statutes offer the landowners a limited form of tort immunity if they gratuitously allow entry for recreational use. Despite their simplicity, the possible ramifications of the statutes in the area of premises liability law are far-reaching. This Note analyzes the Minnesota recreational use statute and suggests a theoretical framework for its interpretation.