Law Commons^™

The Intricacies Of Nimbyism: Exclusionary Zoning And The Fair Housing Act In Connecticut, Jill Warren

Connecticut Law Review

Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower- income households to reside in an area. A prominent example is single-family, two- acre zoning, which makes it difficult or even impossible to construct high density housing conducive to the creation of affordable housing. As a result of exclusionary zoning policies, Connecticut has effectively become economically segregated.

This begs the question of …

Cities, Property, And Positive Externalities, Peter Siegelman, Gideon Parchomovsky

Faculty Articles and Papers

Cities are the locales of numerous interactions that generate externalities-both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.

In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities-additional customers-to neighboring stores. Anchors capture …

Curbing Energy Sprawl With Microgrids, Sara Bronin

Faculty Articles and Papers

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …

Solar Rights, Sara Bronin

Faculty Articles and Papers

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin

Faculty Articles and Papers

No abstract provided.

Wrestling With Muds To Pin Down The Truth About Special Districts, Sara Bronin

Faculty Articles and Papers

Federal, state, and local governments encourage and empower special districts-board-run, special purpose local government units that are administratively and fiscally independent from general purpose local governments. Special districts receive incentives, grants, and freedom from limitations (such as limitations on tax and debt) imposed on general purpose local governments. Special districts are treated favorably because they are small in size, which theoretically means they foster democratic participation; are limited in purpose, meaning that states can tailor special districts' powers to serve specific problems; and are viewed as efficient solutions to specific problems. Though special districts have tripled in number over the …

Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin

Faculty Articles and Papers

No abstract provided.

Rehabilitating Rehab Through State Building Codes, Sara Bronin

Faculty Articles and Papers

Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation-which can have many positive effects, especially on cities - should be encouraged, not deterred. One promising method of encouraging rehabilitation has been the adoption of "rehabilitation codes": building codes that establish flexible but clear requirements for renovators. After analyzing traditional building codes and three different rehabilitation codes, this Note concludes that more states should adopt mandatory rehabilitation codes.

Gone Too Far: Oregon's Measure 37 And The Perils Of Over-Regulating Land Use, Sara Bronin

Faculty Articles and Papers

No abstract provided.