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Full-Text Articles in Law
Condominium Government And The Right To Live In The City, Douglas C. Harris
Condominium Government And The Right To Live In The City, Douglas C. Harris
All Faculty Publications
Condominium is an architecture of land ownership that produces separate, privately owned units within multi-unit developments. Condominium also constructs a form of private, democratic government, described as a fourth order of government, that acts beneath federal and provincial governments, and alongside municipal government, to govern owners and their property. This article considers a conflict between residential-unit owners and a commercial-unit owner within a condominium development in Vancouver’s Downtown Eastside. Drawing from material produced in litigation, the article situates the dispute within its property and urban contexts to argue that condominium government requires attention, and not just for its impact on …
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
Property In Law: Government Rights In Legal Innovations, Stephen Clowney
Property In Law: Government Rights In Legal Innovations, Stephen Clowney
Law Faculty Scholarly Articles
One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …
The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko
The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko
Land Use Clinic
The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.
Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.
Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.
Part IV explores aspects of greenway project development, including the need to create …
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
Law Faculty Scholarly Articles
The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.
Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …