Law Commons^™

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …

Community Control: Rebuttal, Chester Smolski

Smolski Texts

"The problem of fire was very real to the early settlers of this country. For this reason, in 1626, it was decreed that thatched roofs on houses no longer would be allowed in the Plymouth Colony. Early New York, in 1648, stipulated that wooden chimenys no longer could be built on houses. These were early attempts at control over individuals by the community, in this case, for fire protection.

Exploring The Role Of Taxation In The Land Use Planning Process, Barry A. Currier

Indiana Law Journal

No abstract provided.

Changing Natural Resource Property Rights: An Overview, W. D. Seitz, J. C. Headley

Natural Resources Journal

No abstract provided.

The Hidden Crisis In Georgia Land Use, J. William Futrell

Scholarly Works

As will be more fully developed, the primary defect in the existing legal basis for land use planning is its fragmented and incomplete nature. The consequences of the improper and uncontrolled use of land spill over the narrow boundaries of the political subdivision in which the development occurs. Furthermore, natural areas of statewide or national importance may be lost because of local apathy.

These same conflicts in land use exist in Georgia, and the prevailing legal institutions in Georgia are just as inadequate as those in other states; but, in Georgia, the debate on legal solutionis has been muted. While …

Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham

Michigan Law Review

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although …

Property Rights In Land: New Statutory Approaches, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico

All Faculty Scholarship

No abstract provided.

Urban Water Management Of An International River: The Case Of El Paso-Juarez, J. C. Day

Natural Resources Journal

No abstract provided.

Legal Institutions And Pollution: Some Intersections Between Law And History, Jan G. Laitos

Natural Resources Journal

No abstract provided.

Land Use: Why We Need Federal Legislation, Morris K. Udall

BYU Law Review

No abstract provided.

Regulation (Police Power) V. Taking (Eminent Domain), Charles H. Mercer Jr.

North Carolina Central Law Review

No abstract provided.

Mobile Home Park Practices: The Legal Relationship Between Mobile Home Park Owners And Tenants Who Own Mobile Homes, Robert S. Hightower

Florida State University Law Review

No abstract provided.

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …

Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry

University of Michigan Journal of Law Reform

This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.

Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson

Fordham Urban Law Journal

New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …

The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern

Buffalo Law Review

No abstract provided.

Condemnation Blight And The Abutting Landowner, Michigan Law Review

Michigan Law Review

This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.

Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher

Faculty Works

No abstract provided.

Minute No. 242 - Permanent And Definitive Solution To The International Problem Of The Salinity Of The Colorado River, International Boundary And Water Commission

Natural Resources Journal

No abstract provided.

Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler

Cleveland State Law Review

While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …

Comment On Warth V. Seldin, Terrance Sandalow

Articles

Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …

Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten

Fordham Urban Law Journal

This book is a collection of published and unpublished articles written by the author during the 1960s which deal with both the body of knowledge of urban planning and the channels through which it is presumably implemented. Outstanding among the several themes which emerge from these essays is the inescapable need to examine and evaluate the function of cities and the role of city planners. Kaplan couches his discussions in terms of the past and present foci of the planning field, newer community roles for planners, and his own suggestions concerning policies and programs.

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale

Fordham Urban Law Journal

There is no particular policy reason why the same line should be used for both the upland boundary of the jus publicum and the seaward boundary of parcels bounded "by the sea." In interpreting the language used in grants of private interests, the ostensible object of the inquiry is to ascertain the parties (particularly the grantor's) intent. Subject only to limitations on the grantor's estate or power to convey, it is that intention which controls the extent of his transfer. On the other hand, in setting the upland boundaries of lands subject to the jus publicum, the courts are essentially …

Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn

Fordham Urban Law Journal

The zoning power, though based on the police power of the states, has traditionally been granted to local communities through various state enabling statutes. These enabling statutes permit local enactment of zoning ordinances only to the extent that they bear a substantial relation to the "health, safety, morals, or general welfare" of the community. With the migration of middle-class city dwellers to thc suburbs after World War II, zoning has become more than a means of maintaining the proper mix of land-use patterns in a community. Rather, in fear of overly rapid development and irreversible alteration of their community character, …

State Land Use Laws And Regional Institutions, George D. Brown

George D. Brown

No abstract provided.