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Full-Text Articles in Land Use Law
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.
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Gerald S. Dickinson
This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …