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Full-Text Articles in Law
Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon
Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.
Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon
Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Municipalities battle over the use of adjacent lands as land use border wars erupt all over New York. The results of these battles rarely equate to a satisfying solution for both parties. This column delves into flaws of New York law, including the insufficiencies of the State Environmental Quality Review Act (SEQRA), and also documents several cases where municipalities fail to come up with cooperative solutions. However, recent solutions, such as co-lead agencies and joint municipal review boards are beginning to make use of the cooperative authority provided to municipalities by state law, and could be a sign of hope …
Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon
Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Although land use regulation at the federal, state, and local level are independent entities, integrating their functions may prove to be a successful method to facilitate smart growth and to protect wetlands. This article examines environmental regulation for wetlands at several levels of government. Specifically, this feature discusses federal command and control environmental laws and state government (New York and Connecticut) regulation efforts, which are justified though state sovereign police power. Also discussed, is the role of local government to act within their jurisdictions, and how governmental forces may agree upon joint resolutions in order to solve national problems. For …
Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon
Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Smart growth involves two main principles, creating incentives to increase compact development in some areas, and in turn, preserving open space in other areas. The New York legislature has imparted municipal governments with general authority to regulate land and preserve open space. In turn, several tools have developed which are at the disposal of municipal governments including, overlay zoning, floating zones, cluster development and state laws such as the New York State Environmental Quality Review Act (SEQRA). The use of these tools, along with proper training for state and local officials on the subject of smart growth, will render open …
Smart Growth: Localism: A Theoretical Analysis, John R. Nolon
Smart Growth: Localism: A Theoretical Analysis, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article explores the concept of smart growth, which promotes development in central city districts in an effort to reduce urban sprawl. Specifically, this feature discusses how smart growth is accomplished at all levels of the government, and contrasts top-down versus bottom-up land use control. In the past, local land use initiatives have been mostly unsuccessful at solving larger regional problems. Fears exist among scholars and politicians that federal or state land use legislation will fail to meet the specific individual needs of local governments. However, through the use of state created incentives and other programs, communities in New York …
Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon
Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Bounded growth, a concept that encourages focused development into compact areas such as preexisting town centers, or areas rich in public transportation, is a necessary concept within the smart growth paradigm. Bounding human growth patterns facilitates the creation of sustainable, eco-friendly land usage. In New York, where the state legislature gives local governments broad authority to perform land use functions, such as bounded growth, municipalities have the option of utilizing controlled growth by amending their comprehensive plans. This article discusses bounded growth and several other underutilized tools municipalities have at their disposal to help promote smart growth by directing development …