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Full-Text Articles in Law

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section Sep 2013

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

  • Oil and Gas Leases
  • Surface Use Agreements (SUAs)
  • Government’s Role in Authorizing Locations for Oil and Gas Development
  • Technical Aspects of Nontributary and Produced Nontributary Ground Water
  • Produced Nontributary Ground …


Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie Boyd Jul 2013

Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie Boyd

Pace Law Review

This Article attempts to present a more comprehensive and detailed examination of the place of apartments—before, during, and after the enactment of zoning—than has been presented in the literature to date through an examination of the impact of apartment houses on both pre-zoning land use patterns and the zoning process in New Haven. This Study examines the period between 1912 and 1932, with a particular emphasis on the period between 1922 and 1926. The latter period begins with the selection of New Haven’s first Zoning Commission in 1922 and concludes with the passage of New Haven’s first zoning ordinance in …


Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin May 2013

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin

Patricia E. Salkin

No abstract provided.


The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin May 2013

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin May 2013

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin May 2013

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Patricia E. Salkin

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin May 2013

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Patricia E. Salkin

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …


Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin May 2013

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin May 2013

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Patricia E. Salkin

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.


States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin May 2013

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Patricia E. Salkin

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …


Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin May 2013

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Patricia E. Salkin

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin May 2013

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin May 2013

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West May 2013

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.


Urban Energy, Hannah J. Wiseman Jan 2013

Urban Energy, Hannah J. Wiseman

Scholarly Publications

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …


Neighborhood Empowerment And The Future Of The City, Kenneth Stahl Dec 2012

Neighborhood Empowerment And The Future Of The City, Kenneth Stahl

Kenneth Stahl

In any given metropolitan region, there are scores of municipalities locked in a zero-sum struggle for mobile sources of jobs and tax revenue. This competition appears to advantage small, homogenous suburbs over large, diverse cities because the former can directly enact the uniform will of the electorate rather than becoming ensnarled in conflict between competing interest groups. Cities can level the playing field with suburbs, however, by devolving municipal power to smaller, more homogenous subgroups within the city, such as neighborhoods. Indeed, one such effort at neighborhood empowerment, the “business improvement district,” (BID) has been widely identified as a key …


Framing Inclusionary Zoning: Exploring The Legality Of Local Inclusionary Zoning And Its Potential To Meet Affordable Housing Needs, Tim Iglesias Dec 2012

Framing Inclusionary Zoning: Exploring The Legality Of Local Inclusionary Zoning And Its Potential To Meet Affordable Housing Needs, Tim Iglesias

Tim Iglesias

Whether local inclusionary zoning (IZ) ordinances can make significant contributions towards meeting affordable housing needs depends in large part on its legality. Courts have not developed a consistent jurisprudence regarding IZ ordinances. The legality of IZ ordinances depends upon how they are framed by the governments who enact them, the opponents who challenge them, and the courts that decide the cases. After a brief introduction, this article explores why framing is possible and likely in judicial review of IZ as well as why it matters. Next, the article analyzes the case law to demonstrate how framing has operated to affect …