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Full-Text Articles in Law
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Michigan Journal of Environmental & Administrative Law
The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Michigan Journal of Environmental & Administrative Law
Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …
Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich
Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich
University of Michigan Journal of Law Reform
In 1967, the U.S. Supreme Court, in United States v. Rands, expanded the navigational servitude doctrine governing the federal government's power over land adjoining a navigable waterway by severely qualifying the government's Fifth Amendment obligation to compensate the landowner. This Article addresses the issue in the following ways: Part I surveys Congress' power to regulate navigable waters under the Commerce Clause. Part II summarizes the development of the navigational servitude doctrine and some of its inhibitory effects on waterfront development, especially under Rands. It explains the fundamental unfairness of the Rands principle and demonstrates why this constitutional rule …
Less Law Than Meets The Eye, David D. Friedman
Less Law Than Meets The Eye, David D. Friedman
Michigan Law Review
A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
University of Michigan Journal of Law Reform
Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
Everything In Its Place: Social Order And Land Use In America, Michigan Law Review
Everything In Its Place: Social Order And Land Use In America, Michigan Law Review
Michigan Law Review
A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Michigan Law Review
In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Michigan Law Review
This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …
Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Michigan Law Review
While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
Michigan Law Review
This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
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.
Condemnation Blight And The Abutting Landowner, Michigan Law Review
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.
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
University of Michigan Journal of Law Reform
The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.
The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review
The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review
Michigan Law Review
The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …
Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.
Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.
Michigan Law Review
Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.
Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin
Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin
Michigan Law Review
A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
University of Michigan Journal of Law Reform
As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …
Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham
Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham
Michigan Law Review
A Review of Land Development Law: Cases and Materials by George Lefcoe
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Michigan Law Review
Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Boundaries: Description V. Survey, Olin L. Browder, Jr.
Michigan Law Review
These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …
Law Of Oil And Gas, Iv, James A. Veasey
Law Of Oil And Gas, Iv, James A. Veasey
Michigan Law Review
This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …
Law Of Oil And Gas, James E. Veasey
Law Of Oil And Gas, James E. Veasey
Michigan Law Review
The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …