Law Commons^™

A "Constant And Difficult Task": Making Local Land Use Decisions In States With A Constitutional Right To A Healthful Environment, Michelle Bryan Mudd

Faculty Law Review Articles

This article first examines the role local governments play in four states that have constitutional rights to a healthful environment -- Illinois, Pennsylvania, Montana, and Hawaii. The author notes that while local governments have long worked as quiet yet integral third partners with state and federal governments by addressing environmental issues through land use regulation, for local governments in environmental rights states, environmental protection is not just an aspiration, but a constitutional mandate. Further, the author states, environmental rights cannot be fully protected in these states without the strong engagement of local government.

The article also describes the constitutional provisions …

Urban Green Uses: The New Renewal, Catherine J. Lacroix

Faculty Publications

As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Scholarly Works

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …