Law Commons^™

Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.

Weir River Estuary: Land Protection Plan, Chantal Lefebvre, Michelle Portman

Urban Harbors Institute Publications

If economic growth were the only measure of a community’s health and vitality, then the communities of Cohasset, Hingham, and Hull are fairing well. But this economic success is generally accompanied by changes in the physical landscape that can be unsettling for residents, especially when it means more development and expansion at the expense of culturally and socially important open space areas such as parks, woods, and marshes. The rapid pace and fragmented nature of such sprawling development gives communities little opportunity to come to terms with the long-term impacts, which in turn can lead to a sense of powerlessness …

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Cityland, Volume 1, Number 2, November 15, 2004, New York Law School

Cityland

No abstract provided.

Real Estate And Land Use Law, Brian R. Marron

University of Richmond Law Review

No abstract provided.

The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk

Faculty Articles

Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …

Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.

Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.

The Uniform Registered State Land And Adverse Possession Reform Act, A Proposal For Reform Of The United States Real Property Law, Todd Barnet

Buffalo Environmental Law Journal

No abstract provided.

Improving Links Between Science And Coastal Management: Results Of A Survey To Assess U.S. State Coastal Management Science And Technology Needs, Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund

Urban Harbors Institute Publications

In Winter 2003/2004 the Coastal States Organization (CSO) sponsored a national survey of state coastal resource managers to better understand their science and technology needs. The web-based survey was sponsored by CSO with funding provided by the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET) at the University of New Hampshire. This survey builds upon a previous survey conducted by CSO in 1999. CSO contracted with the Urban Harbors Institute (UHI) at UMass-Boston to prepare the survey questions and final report. The University of New Hampshire Survey Center was contracted to conduct the survey and analyze the results.

Two …

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Scholarly Works

No abstract provided.

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen

ExpressO

This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on …

Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle

ExpressO

This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …

Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall

BYU Law Review

No abstract provided.

Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.

Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.

Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.

State Coastal Observations And Monitoring Needs: Results Of A Survey To Assess Coastal Management Needs (Draft Report), Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund, Jack Thigpen

Urban Harbors Institute Publications

The success of the U.S. Coastal Ocean Observing System will be measured, in part, by how well the needs of the coastal management community are being addressed. The results of this survey indicate that the two most important management issues facing coastal programs are land use and habitat change. It is essential that the planning and implementation of the USCOOS take this fact into account and place a priority on addressing these high priority management needs. This can only be accomplished through the direct long-term involvement of the coastal management community with USCOOS efforts at the national and regional levels. …

Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO

11 slides

Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Aengst, Regional Associate, The Wilderness Society, Northern Rockies Office

24 slides

Slides: Nepa And Adaptive Management, Denise A. Dragoo

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT

22 slides

Slides: Adaptive Management, Tim Salt

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Tim Salt, Western Regional Staff Assistant, U.S. Bureau of Land Management (BLM)

19 slides

Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Prill Mecham, Pinedale BLM Field Manager

35 slides

Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Robin Smith, Mountaintop Consulting, LLC

19 slides

Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Pete Morton, Ph.D., The Wilderness Society

21 slides

Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society

19 slides