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Land Use Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Land Use Law

Koontz V. St. Johns River Water Management District, Ross Keogh Sep 2013

Koontz V. St. Johns River Water Management District, Ross Keogh

Public Land & Resources Law Review

Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.

[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).


Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales May 2013

Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales

Philip C. Dales

ABSTRACT:

Something Rich and Strange: Progressive Zoning and the Takings Doctrine.

Philip Carter Dales

May, 2013

University of Maryland Francis King Carey School of Law

The list of municipalities adopting form-based codes continues to grow, with one study putting the number at over 250, including Miami, Denver, Cincinnati and other major cities around the United States. These codes represent land use regulation that is fundamentally different from traditional Euclidean zoning. Rather than prescribing allowable uses, FBCs focus on the governance of form, with the goal of ensuring predictable outcomes for the built environment and simplifying complex use-based zoning ordinances.

In …


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin May 2013

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin May 2013

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin May 2013

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain Feb 2013

Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain

Pepperdine Law Review

This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.