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Full-Text Articles in Land Use Law
Reclaiming The Streets, Vanessa Casado-Pérez
Reclaiming The Streets, Vanessa Casado-Pérez
Faculty Scholarship
Pedestrians have been getting the short end of the stick in street policies and regulations. Drivers and cars dominate our streets even though automobiles’ externalities kill thousands of people every year. Given the environmental, health, safety, and community effects of cars, municipalities should embrace a policy that puts pedestrians at the center and produces more miles of wider, well-maintained sidewalks. Sidewalks make communities greener, healthier, safer, more socially connected, and even, wealthier. COVID-19 lockdowns have shown both the relevance of sidewalks, as well as the possibility of pedestrians regaining space currently allocated to cars by widening sidewalks.
This Essay identifies, …
Town Of Telluride V. San Miguel Valley Corp.: Extraterritoriality And Local Autonomy, Richard Briffault
Town Of Telluride V. San Miguel Valley Corp.: Extraterritoriality And Local Autonomy, Richard Briffault
Faculty Scholarship
At first blush, the decision of the Colorado Supreme Court in Town of Telluride v. San Miguel Valley Corp. seems like an extraordinary endorsement of home rule and a significant milestone in the evolution of local power. The Colorado Supreme Court adopted a very broad construction of the power of a home rule municipality under the state constitution and invalidated a state statute that expressly sought to limit that power. The power in question – extraterritorial eminent domain – seems to go well beyond even the most generous assumptions about local government authority. As the uproar following the United …