Law Commons^™

Values As Part Of The Clinical Experience, Jaime Baker Roskie

Scholarly Works

This essay is based on a short talk I gave at the “Practically Grounded” conference hosted by Pace Law School’s Land Use Law Center. This piece discusses the University of Georgia (UGA) Land Use Clinic, specifically why and how I interact with my students in the classroom about values as part of the clinic experience. It attempts to tie my own teaching methods to those suggested in Best Practices for Legal Education.

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create …

New Ruralism, Emily M. Stratton

Land Use Clinic

This paper explores how New Ruralism expounds upon the principles behind New Urbanism, showcases examples of local communities experimenting with the novel idea, and addresses the potential of the movement to be a nationwide occurrence.

Survey Of Local Government Green Building Incentive Programs For Private Development, Anne Marie Pippin

Land Use Clinic

This paper focuses on private development incentives, and surveys the policies and ordinances that local governments around the country have utilized to provide incentives for private developers to build green, sustainable buildings. Georgia’s existing green building programs are then briefly discussed, and, in conclusion, suggestions are made for local programs moving forward.

Tdr Citizens Guidebook, Meghan Ryan, Wes Rochester, Laura Ingram

Land Use Clinic

The purpose of this guidebook is to provide information about transferable development rights (TDR) for communities considering adoption of a TDR program. This book defines the basic elements of TDR and explains how these programs can be used to balance the competing goals of land preservation and development. It is designed to prepare communities to get involved with their local planning process and shape TDR programs to best fit their needs.

The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey

Land Use Clinic

Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.

Lighting And Dark Sky Regulation, Marjorie Palmer

Land Use Clinic

Thousands of lighting ordinances are currently in force in the United States. This memo: (1) explains and summarizes several examples of approaches to lighting control, including the International Dark-Sky Association’s (IDA) guidelines, a model lighting ordinance by another organization, and two lighting ordinances from counties in the United States; and (2) assesses and evaluates the IDA guidelines and other approaches.

Drafting Local Ordinances For Natural Resource Protection, Jamie Baker Roskie, James W. Hawhee, Jeremy Cole

Land Use Clinic

Drafting, passing, and enforcing a successful ordinance can be a very difficult and complicated task.The purpose of this manual is to familiarize lay people interested in environmental protection with the tools necessary to draft and pass local ordinances that address their particular needs. A well-crafted ordinance can be a key tool in protecting the environment at the local level, and organizations and citizens can play a crucial role in drafting such laws.

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment of their …

City Of Jefferson Curry Creek Water Supply Watershed: Estimate Of Existing And Projected Impervious Cover And Assessment Of Watershed Protection Provisions, Jamie Baker Roskie, Seth Wenger

Land Use Clinic

The Land Use Clinic, in conjunction with the River Basin Center, helped the City of Jefferson to protect its drinking water supply. The Land Use Clinic wrote municipal legislation to reduce impervious cover (roads, parking lots, buildings and sidewalks) and minimize runoff, which diminishes water quality by filling streams with pollutants and increasing sedimentation, increases the need for expensive water treatment and impacts aquatic habitat.

An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman

Land Use Clinic

A development impact fee is defined as “payment of money imposed upon development as a condition to development approval to pay for a proportionate share of the cost of system improvements needed to serve growth and development.” Development impact fees are a relatively new idea in Georgia, but have been used in other jurisdictions for years. This paper analyzes the development of the Georgia Development Impact Fee Law. It also tracks use of impact fees in Georgia and makes recommendations for jurisdictions considering adopting impact fees.

Accessory Apartments, Lauren Giles

Land Use Clinic

Use and regulation of accessory dwelling units, also known as accessory apartments, as a way to promote affordable housing and multi-generational housing options in single-family neighborhoods. Implementing an ADU ordinance requires local governments to balance the interests of homeowners, potential tenants, and the community at large. ADUs can benefit all parties if they are implemented properly. Community education and involvement are important to ensure support for ADUs. ADUs allow communities to grow in population without additional construction or the expense of new infrastructure. Accessory dwelling are not for everyone or every neighborhood, but when done properly in the appropriate area …

Controlling Big Box Retail Development In Georgia, Matt Roberts, Brian Wright, Elizabeth Simpson, Lauren Giles, Anna Hauser

Land Use Clinic

The rise of big box retail presents a number of serious challenges that can be addressed by both state legislatures and local governments. This paper provides strategies to help communities avoid "big box blight" caused by retailers abandoning existing sites for new stores, leaving empty eyesores in their wake.

New Urbanism And Euclidian Zoning: Can They Co-Exist?, Janna Blasingame Custer

Land Use Clinic

Euclidian zoning served a purpose in its time. It separated land uses so that people could live away from industrial developments without the fear that such industries would locate to their backyard. But despite the positive effects of Euclidian zoning, many people believe it provides too little attention to character and historic design and promotes sprawl. New Urbanism offers an alternative to Euclidian zoning and many cities are beginning to utilize New Urbanism principles as they strive to bring back a sense of place to their communities. Challenges result when the New Urbanism principles conflict with the zoning in place, …

Protecting The Future Forever: Why Perpetual Conservation Easements Outperform Term Easements, Paul Mitchell

Land Use Clinic

Conservation easements are amassing increasing popularity as a private means for accomplishing a public good. In 1980, conservation easements protected 128,001 acres. By 2003, that number had jumped to over 5 million acres. In Georgia, over 131,000 acres had been protected by conservation easements by the end of 2005, more than double the acreage of just a few years before.

A conservation easement is a legal arrangement whereby a landowner chooses to transfer certain development rights to an eligible easement holder, usually a non-profit or government agency, in order to achieve a qualified purpose. The landowner can sell or donate …

Stormwater Utilities In Georgia, Joshua Smith

Land Use Clinic

How a local government can establish a stormwater utility to help fund infrastructure improvements to protect water quality.

The Scientific Justification For Stream Buffers, Paul Mitchell

Land Use Clinic

Fact sheet on the importance of stream buffers in protecting water quality.

Keeping Livestock Out Of Streams In Georgia, Jill Schonenberg

Land Use Clinic

Regulatory and incentive methods for requiring or encouraging the fencing of streams to exclude livestock. Animal waste is a major cause of water pollution in Georgia.

Phase Ii Compliance & Illicit Discharge Ordinances, Benjamin Corson-Knowles

Land Use Clinic

How municipalities can implement illicit discharge ordinances in compliance with Phase II of the NPDES program of the Clean Water Act.

Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.

Sustainable Development Scenarios For The Richard B. Russell Parkway, Jesse Fountain, Judith R. Wasserman, Jamie Baker Roskie

Land Use Clinic

For many years local elected officials, the state legislative delegation, and community leaders worked diligently to get Richard Russell Parkway extended to Interstate 75 and provide the Warner Robins area with a second interchange to serve the City and Robins AFB. The project became a reality in the spring of 2002 when the Georgia Department of Transportation awarded a construction contract for the Parkway's extension. During the spring of 2003, with construction work progressing toward an October 31, 2004, completion date, the Mayor and City Council decided to explore alternative development concepts for the Parkway.

The goal of this document …

Sign Control On Rural Corridors: Model Provisions And Guidance, University Of Georgia School Of Law Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Help for local governments to regulate billboards on scenic corridors. Funded by the Georgia Department of Community Affairs.

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …

Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack

Scholarly Works

Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …

The Hidden Crisis In Georgia Land Use, J. William Futrell

Scholarly Works

As will be more fully developed, the primary defect in the existing legal basis for land use planning is its fragmented and incomplete nature. The consequences of the improper and uncontrolled use of land spill over the narrow boundaries of the political subdivision in which the development occurs. Furthermore, natural areas of statewide or national importance may be lost because of local apathy.

These same conflicts in land use exist in Georgia, and the prevailing legal institutions in Georgia are just as inadequate as those in other states; but, in Georgia, the debate on legal solutionis has been muted. While …