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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 …
Utilizing Michigan Brownfield Policies To Incentivize Community-Based Urban Agriculture In Detroit, Nicholas Leonard
Utilizing Michigan Brownfield Policies To Incentivize Community-Based Urban Agriculture In Detroit, Nicholas Leonard
Michigan Journal of Environmental & Administrative Law
As residents have increasingly moved from urban centers to suburbs, several cities have not been able to create effective solutions to the problems that such population loss has presented. Abandoned properties have proven to be the primary problem, and nowhere is that problem more pronounced than in Detroit. Urban agriculture has been widely embraced on a grassroots level as a potential solution to the pervasive problems that abandoned properties present and that cities have been unable to solve. While urban agriculture networks have largely arisen outside of municipal control, several cities are beginning to recognize urban agriculture as a potential …
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Michigan Journal of Race and Law
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …
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.
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 …
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.
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 …
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Michigan Law Review
In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."
Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Michigan Law Review
Quite apart from any question of their validity, the imposition of use restrictions by means of a prohibition was not practicable before the development of equitable remedies because the common law afforded no method of enforcing such a prohibition. One who conveyed land in violation of a prohibition on alienation might attempt to enforce the prohibition by attacking the validity of his own conveyance but one who violated a prohibition on use had neither motive nor method for challenging his own acts. Hence attempts to restrict use by common law devices are necessarily confined to penalty restraints and to limitations …
Waters And Watercourses-Fishing-Right Of Public In Floatable Streams
Waters And Watercourses-Fishing-Right Of Public In Floatable Streams
Michigan Law Review
Through defendants' lands flowed a stream, a little over thirty feet in width and averaging in depth approximately one foot. It had a flow of less than fifty cubic feet per second. The stream was not capable of "commercial travel by any kind of boat" and it was doubtful whether it was "practical to use a boat on it in fishing." Some testimony indicated that in logging days some loose timber had been floated down the stream, but it was also testified by oldsters that it was "never possible to run logs down the stream without the use of dams." …
Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality
Michigan Law Review
Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …
Quasi-Contracts--Improvements On Land Of Another By Mistake
Quasi-Contracts--Improvements On Land Of Another By Mistake
Michigan Law Review
Plaintiffs filed a bill in chancery seeking compensation for a house built on the defendants' lot due to an error on the part of the plaintiffs. The lower court granted a decree offering the defendants the election of taking the improvements at a fair value found by the court or of releasing the lot to the plaintiffs on the plaintiffs' paying its fair value. On appeal, held, this relief was proper. Hardy et al. v. Burroughs et al. (Mich. 1930) 232 N.W. 200.
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Michigan Law Review
The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.