Land Use Law Commons^™

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright

Danaya C. Wright

For the past forty years, the United States Supreme Court has embraced the doctrine of regulatory takings, despite being unable to provide any coherent and reliable guidance on when a regulation goes so far as to require compensation. But Justice Thomas's admission in Murr v. Wisconsin (2017) that there is no real historical basis for the Court's regulatory takings jurisprudence offers a chance to reconsider the doctrine anew. Looking back to Justice Holmes's prophetic statement in Pennsylvania Coal Co. v. Mahon, that a regulation can go too far and require an exercise of eminent domain to sustain it, I argue …

Energy Exactions, Jim Rossi, Christopher Serkin

Jim Rossi

Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources.

This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy exactions …

Energy Exactions, Jim Rossi, Christopher Serkin

Christopher Serkin

Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources. This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy exactions …

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Federal Protection For Archaeological Resources, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Conservation Provisions Of The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Linda A. Malone

No abstract provided.

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Linda A. Malone

No abstract provided.

Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone

Linda A. Malone

No abstract provided.

Final Rules On Swampbuster And Sodbuster Program, Linda A. Malone

Linda A. Malone

No abstract provided.

Conservation Issues: The 1985 Farm Bill Debate, Linda A. Malone

Linda A. Malone

No abstract provided.

Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone

Linda A. Malone

No abstract provided.

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Linda A. Malone

No abstract provided.

The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler

Lynda L. Butler

No abstract provided.

Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler

Lynda L. Butler

No abstract provided.

Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian

John Hadidian, PhD

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Katrin Rowan

No abstract provided.

A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley

Jill M. Fraley

In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.

That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn

Michael E Lewyn

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn