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Full-Text Articles in Law
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack
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 …
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Faculty Articles and Other Publications
The traditional dichotomy between governmental regulation and takings law no longer represents a viable means of accomplishing present day societal or individual goals with respect to land use. This author believes that a system can be created that considers both the interests of the government and the individual, attempting to reach an equitable and practical result with respect to each. This article explores the potential use of an alternative compensation system relating to governmental activity in the field of land use-a system based not upon the highest and best use principle, but rather upon the use of compensable regulations. The …
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Faculty Scholarship
No abstract provided.