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Full-Text Articles in Law
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R. Nolon calls for cooperative federalism and a clarification of agency roles as a remedy for this complexity. Through case …
Zoning, Transportation, And Climate Change, John R. Nolon
Zoning, Transportation, And Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …
The Mighty Myths Of Kelo, John R. Nolon
The Mighty Myths Of Kelo, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The press releases of property rights activists and the media’s rapid embrace of their views have perpetuated several myths about the U.S. Supreme Court’s decision in Kelo v. New London. In the immediate aftermath of this myth making, the legislatures of several states have adopted restrictions on the use of eminent domain with uncharacteristic speed. Wisely, the New York State Legislature has been more cautious in its reaction.
Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon
Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Local governments are adopting with increasing frequency local laws to facilitate low-impact development, ensure the construction of green buildings, and coordinate land use and transportation planning to lower greenhouse gas emissions. This builds on their progress over the past two decades in adopting an impressive number of local laws to protect natural resources. These include ordinances designed to protect trees, stands of timber, hillsides, viewsheds, ridgelines, stream beds, wetlands, watersheds, aquifers and water bodies, and wildlife habitat. At the same time, provisions designed to protect environmental features from the adverse impacts of development have been added to basic land use …
Climate Change, Zoning And Transportation Planning: Urbanization As A Response To Carbon Loading, John R. Nolon, Jessica A. Bacher
Climate Change, Zoning And Transportation Planning: Urbanization As A Response To Carbon Loading, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the relationship among zoning, transportation planning, and climate change. It discusses the relationship between land use densities and transportation choices, reviews the trend toward transit oriented development in higher density communities and transportation efficient development in lower density areas, presents several case studies where land use and transportation planning are beginning to intersect, and ends with a strategic approach for communities to consider.