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Full-Text Articles in Law
Taking It Too Far: Growth Management And The Limits To Land-Use Regulation In Maine, Michael A. Duddy
Taking It Too Far: Growth Management And The Limits To Land-Use Regulation In Maine, Michael A. Duddy
Maine Law Review
In 1989 Maine enacted the Comprehensive Planning and Land Use Regulation Act. The Act's legislative findings declared that “ the State has a vital interest in ensuring that a comprehensive system of land-use planning and growth management is established as quickly as possible.” However, whenever the state exercises its police power to regulate private land use, it faces a constitutional limit as to how far it can go. When the land-use restriction exceeds that limit, a regulatory taking occurs. This Comment argues that the Comprehensive Planning and Land Use Regulation Act, as it is being interpreted and implemented by state …
Taking It Too Far: Growth Management And The Limits To Land-Use Regulation In Maine, Michael A. Duddy
Taking It Too Far: Growth Management And The Limits To Land-Use Regulation In Maine, Michael A. Duddy
Maine Law Review
In 1989 Maine enacted the Comprehensive Planning and Land Use Regulation Act. The Act's legislative findings declared that “ the State has a vital interest in ensuring that a comprehensive system of land-use planning and growth management is established as quickly as possible.” However, whenever the state exercises its police power to regulate private land use, it faces a constitutional limit as to how far it can go. When the land-use restriction exceeds that limit, a regulatory taking occurs. This Comment argues that the Comprehensive Planning and Land Use Regulation Act, as it is being interpreted and implemented by state …
The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania
The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania
Maine Law Review
State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges …
The Long-Standing Requirement That Delegations Of Land Use Control Power Contain "Meaningful" Standards To Restrain And Guide Decision-Makers Should Not Be Weakened, Orlando E. Delogu, Susan E. Spokes
The Long-Standing Requirement That Delegations Of Land Use Control Power Contain "Meaningful" Standards To Restrain And Guide Decision-Makers Should Not Be Weakened, Orlando E. Delogu, Susan E. Spokes
Maine Law Review
Some forty years ago, a leading land use scholar noted that “it has always been recognized that it is an essential part of the judicial function to watch over the parochial and exclusionist attitudes and policies of local governments, and to see to it that these do not run counter to national policy and the general welfare.” Maine courts by and large have discharged this judicial function by consistently striking down unauthorized and overreaching local governmental land use decisions. Several recent cases, however, cast doubt on the Law Court's continuing commitment to guard against the parochial instincts of local land …
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Maine Law Review
In his well-known article, Property, Speech, and the Politics of Distrust, Professor Richard Epstein—a leading contemporary voice in the fields of property theory and constitutional law—makes a simple but compelling argument. There has been, he argues, a mistake in “the dominant mode of thinking about property rights during the past fifty years [that] has been ... of constitutional dimensions.” This mistake, in Professor Epstein's view, is the refusal of the federal courts to accord to individual property rights the same kind of protection from government regulation that is accorded to other constitutional rights. Using free speech as his example, Professor …
Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier
Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier
Maine Law Review
This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …
The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke
The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke
Maine Law Review
As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only the current …