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Articles 1 - 25 of 25
Full-Text Articles in Law
Zoning By A Thousand Cuts, Sara C. Bronin
Zoning By A Thousand Cuts, Sara C. Bronin
Pepperdine Law Review
Zoning is increasingly viewed as a constraint on the nation’s housing supply, and as zoning enters its second century, there is a strong drumbeat for reform. Across the country, reformers have targeted the elimination of single-family zoning, pointing to research showing that single-family zoning drives up development costs, degrades the environment, and homogenizes communities. While allowing more multi-family options could help address these issues, reformers should not exclusively focus on the elimination of single-family zoning. Process requirements including mandatory public hearings, and substantive requirements involving lot configuration, building size, and occupancy, among other things, play a significant role in determining …
Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr
Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr
Pepperdine Law Review
There is perhaps no area of land use law where practice departs more from legal doctrine than the realm of zoning variances. According to the legal doctrine, variances are to be granted sparingly, providing a “safety valve” that alleviates unique hardships encountered by a property owner. In practice, variances are granted at high rates—often around ninety percent of applications are approved—and, in some jurisdictions, in high volumes. In such cases, variances effectively serve as a rezoning, enabling jurisdictions to permit otherwise prohibited uses and allow growth and development to occur without addressing needed zoning reforms. By allowing neighbors the opportunity …
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Pepperdine Law Review
California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Pepperdine Law Review
According to its many critics, zoning bears significant responsibility for the housing crisis in America and for promoting unsustainable development patterns. Reformers argue that zoning reduces the supply of new housing and therefore drives up prices in thriving communities. Zoning also increases carbon emissions by restricting density in the urban core and promoting carbon-intensive, land-consuming, automobile-dependent sprawl in single-family suburbs. A growing chorus calls for relaxing zoning limits in order to promote growth in the urban core as a response to the twin crises of housing costs and climate change. Relaxing zoning limits will almost certainly promote growth but may …
Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier
Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier
Pepperdine Law Review
Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include the …
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Pepperdine Law Review
No abstract provided.
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
Pepperdine Law Review
No abstract provided.
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Pepperdine Law Review
No abstract provided.
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Pepperdine Law Review
No abstract provided.
Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable
Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable
Pepperdine Law Review
No abstract provided.
Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman
Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman
Pepperdine Law Review
No abstract provided.
Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin
Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin
Pepperdine Law Review
No abstract provided.
The Right Of Control Over The City Plan: Local Planner Versus The State Legislature And The Court, Carlyle W. Hall Jr.
The Right Of Control Over The City Plan: Local Planner Versus The State Legislature And The Court, Carlyle W. Hall Jr.
Pepperdine Law Review
No abstract provided.
Adoption Of The General Plan In California: Prelude To A Permanent Constitution, Donald M. Pach, Thomas E. Hookano, John E. Fischer
Adoption Of The General Plan In California: Prelude To A Permanent Constitution, Donald M. Pach, Thomas E. Hookano, John E. Fischer
Pepperdine Law Review
No abstract provided.
Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch
Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch
Pepperdine Law Review
No abstract provided.
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Pepperdine Law Review
No abstract provided.
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener
Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener
Journal of the National Association of Administrative Law Judiciary
In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …
Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari
Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari
Pepperdine Law Review
No abstract provided.
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Pepperdine Law Review
This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Pepperdine Law Review
The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Pepperdine Law Review
No abstract provided.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
The Abnormalcy Of Normal Delay, Kimberly Horsley
The Abnormalcy Of Normal Delay, Kimberly Horsley
Pepperdine Law Review
No abstract provided.