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Full-Text Articles in Law

Standing Of Future Residents In Exclusionary Zoning Cases, David H. Moskowitz Aug 2015

Standing Of Future Residents In Exclusionary Zoning Cases, David H. Moskowitz

Akron Law Review

The purpose of this article is to explore the standing of future residents to bring suit in exclusionary-zoning cases. Exclusionary zoning may be defined as zoning and land-use control practices that have the effect of precluding construction of dwelling units that could house low-income and moderate-income persons either by direct exclusion or by raising the price of access.1 An example of direct exclusion would be the imposition of restrictions upon the number of bedrooms in apartment units, which would have the direct effect of excluding large families. An example of indirect exclusion would be the effect of zoning upon land …


In A 2002 Supreme Court Decision, Which Shifted Landowner And Government Expectations Regarding Temporary Regulatory Takings, The Court Held That Temporary Construction Moratoria During The Preparation Of A Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun Jan 2011

In A 2002 Supreme Court Decision, Which Shifted Landowner And Government Expectations Regarding Temporary Regulatory Takings, The Court Held That Temporary Construction Moratoria During The Preparation Of A Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun

University of Baltimore Journal of Land and Development

No abstract provided.


2010: A Second Odyssey Into Arkansas Land-Use Law, Buckley W. Bridges Oct 2010

2010: A Second Odyssey Into Arkansas Land-Use Law, Buckley W. Bridges

University of Arkansas at Little Rock Law Review

No abstract provided.


Strategies For Implementing The Environmental Justice Vision, Clifford Rechtschaffen Aug 2010

Strategies For Implementing The Environmental Justice Vision, Clifford Rechtschaffen

Golden Gate University Environmental Law Journal

No abstract provided.


Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman Oct 2007

Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman

Dalhousie Law Journal

The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.


Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley Jan 2006

Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley

Seattle University Law Review

Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that …