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Articles 1 - 3 of 3
Full-Text Articles in Land Use Law
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.
Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam
Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam
Sara C. Bronin
Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.