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- University of Michigan Journal of Law Reform (4)
- Michigan Law Review (3)
- Michigan Journal of Environmental & Administrative Law (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
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- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Christopher Serkin (1)
- ELLIOTT LIPINSKY (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Loyola of Los Angeles Law Review (1)
- Maine Collection (1)
- Northwestern University Law Review (1)
- Patricia E. Salkin (1)
- Pepperdine Law Review (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- Scholarly Works (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Land Use Law
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Michigan Journal of Environmental & Administrative Law
The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Michigan Journal of Environmental & Administrative Law
Notwithstanding the need for adaptation lawmaking to address a critical gap between climate-change related risks and preparedness in the United States, no coherent body of law exists that is aimed at reducing vulnerability to climate change. As a result of this gap in the law, market failures, and various “super wicked” attributes of hazard mitigation planning, local communities remain unprepared for present and future climate-related risks. Many U.S. communities continue to employ land-use planning and zoning practices that, at best, fail to mitigate these hazards, and, at worst, increase local vulnerability. Even localities that have implemented otherwise robust adaptation plans …
Insuring Takings Claims, Christopher Serkin
Insuring Takings Claims, Christopher Serkin
Christopher Serkin
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
Insuring Takings Claims, Christopher Serkin
Insuring Takings Claims, Christopher Serkin
Northwestern University Law Review
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Loyola of Los Angeles Law Review
No abstract provided.
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Patricia E. Salkin
Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky
The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky
ELLIOTT LIPINSKY
The Federal Transit Administration (FTA) is a branch of the U.S. Department of Transportation that administers federal funds and provides technical assistance for the support of locally operated public transit systems. MARTA / Atlanta metro area are part of FTA Region IV (the Southeast). FTA would be involved, for instance, in financing the federal grant monies discussed above. But actual regulation of operations (i.e., what MARTA does each day, or what MARTA will plan to do regionally) is more closely regulated by Georgia agencies.
Until recently, the Atlanta metropolitan area had no powerful central agency to coordinate regional transit. The …
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske
University of Michigan Journal of Law Reform
So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership.
This Article looks at state and local government law, and particularly at financing mechanisms created by state law …
Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis
Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: William R. Travis, Department of Geography, Center for Science & Technology Policy Research, CIRES, University of Colorado at Boulder
30 slides
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara
60 slides
Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero
Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Lora A. Lucero, AICP, American Planning Association
18 slides
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
3 pages.
Includes bibliographical references
"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"
"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"
Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Ruth Gordon, Professor of Law, Villanova University School of Law
3 pages.
Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell
Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell
University of Michigan Journal of Law Reform
Local governments commonly respond to economic and social pressures on property by using their legal power to regulate land uses. These local entities enact regulations that limit property development and use to maintain attractive communities and orderly growth. This Article argues that government entities should employ their expansive land use powers to limit investor speculation in local markets by restricting the resale of residential housing for three years. Investor speculation, and the upward pressure it places on housing prices, threatens the availability of affordable housing as well as the development of stable neighborhoods. Government regulation of investor speculation mirrors existing, …
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Scholarly Works
Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies
Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies
Michigan Law Review
What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
24 pages.
Contains 3 pages of references.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Planning As A Major Tool Of Public Land Management, John D. Leshy
Planning As A Major Tool Of Public Land Management, John D. Leshy
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
25 pages.
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.
The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.
It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann
University of Michigan Journal of Law Reform
Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.
Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission
Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission
Maine Collection
Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission
Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.
Originally Adopted in 1976; Revised in 1983.
Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
Everything In Its Place: Social Order And Land Use In America, Michigan Law Review
Everything In Its Place: Social Order And Land Use In America, Michigan Law Review
Michigan Law Review
A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
University of Michigan Journal of Law Reform
This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.