Land Use Law Commons^™

Water-Smart Growth: Integrating Water Management And Land Use Planning, Enjie Li

Enjie Li

Water and urban growth are inextricably interconnected, particularly in arid regions. Urban growth and water management have generated multi-dimensional conflicts. Growing cities that seek to quench their continuously increasing thirst with limited available water resources often have adverse impacts on the environment or region from which the water is drawn. Given that land use planning is an effective tool to control and manage urban growth and it has direct influence on urban water management, a holistic land-water planning approach is needed to cope with rapid growth and water scarcity in the arid western United States. However, this land-water planning approach …

Acquiring Land Through Eminent Domain: Justifications, Limitations, And Alternatives, Daniel Kelly

Daniel B Kelly

The primary functional justifications for eminent domain involve bargaining problems, including the holdout problem, the bilateral monopoly problem and other transaction costs, as well as the existence of externalities. The holdout problem is particularly noteworthy, and this chapter analyzes three types of holdouts, depending on whether the failure in bargaining is the result of strategic behavior among owners, the presence of a large number of owners or a single owner who is unwilling to sell because of a highly idiosyncratic valuation. Although eminent domain solves any potential bargaining problems by transferring land directly from existing owners to the government, eminent …

Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach

John C. Dernbach

No abstract provided.

Local Home Rule In The Time Of Globalization, Kenneth Stahl

Kenneth Stahl

Cities are increasingly taking the lead in tackling global issues like climate change, financial regulation, economic inequality, and others that the federal and state governments have failed to address. Recent media accounts have accordingly praised cities as the hope of our globally networked future. This optimistic appraisal of cities is, however, undermined by local governments’ cramped legal status. Under the doctrine of home rule, local governments can often only act in matters deemed “local” in nature, and cannot regulate “statewide” issues that may have impacts beyond local borders. As a result, the global issues that local governments are being praised …

Inclusionary Housing On A Global Basis, James Kelly

James J. Kelly Jr.

This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The …

When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello

Juliet M Moringiello

Thousands of judges and scholars have relied on the statement in the 1979 Supreme Court opinion in Butner v. United States that “property interests are created and defined by state law . . . unless some federal interest requires a different result.” Often, they cite to the statement as a policy constraint that elevates state property law over federal bankruptcy law. This Essay, written for the American Bankruptcy Institute – University of Illinois Symposium on Chapter 11 Reform, posits that the Butner rule is not as broadly applicable as commonly believed. To do so, the Essay surveys some notable uses …

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin

Patricia E. Salkin

No abstract provided.

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin

Patricia E. Salkin

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

American Law Of Zoning, Patricia Salkin

Patricia E. Salkin

No abstract provided.

New York Zoning Law And Practice, 4th Edition, Patricia Salkin

Patricia E. Salkin

This resource discusses the creation and enforcement of state zoning regulations, including organizational and substantive changes and updates. All phases of zoning, planning, subdivision control, and the evolution of land-use controls are covered with respect to administrative and judicial considerations. Hundreds of cases noted in previous annual supplements have been integrated into the text, as well as new chapters on issues impacting the field. Includes extensive forms, zoning definitions, ordinance and charter provisions, and web sites of interest to land-use lawyers.

A Companion To Bordering On Madness: An American Land Use Tale, Second Edition: Cases, Scholarship, And Case Studies, Patricia Salkin, Andrew Popper, David Avitabile

Patricia E. Salkin

A Companion to Bordering on Madness: An American Land Use Tale, Second Edition expands the issues raised in the novel using cases, scholarship, and case studies. The text serves as a foundation to understand select doctrine, theory and strategy applicable to conflicts between developers and those who oppose development. Land use is an area in which law and government become personal, direct, immediate, and, quite literally, tangible. Land use cases set the parameters for the structures in which we live, the vistas (or lack thereof) we experience—quite literally, the sights, sounds, and air that surround us. The mission of this …

Government "Green" Requirements And "Leedigation", Patricia Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

Patricia E. Salkin

No abstract provided.

New York Zoning Law And Practice Report, Patricia Salkin

Patricia E. Salkin

This bimonthly newsletter examines developments in zoning law and practice in New York. Each issue features an article detailing a trend or development in zoning and planning law. The article is often followed by summaries of recent federal or state court decisions relating to zoning or planning law.

Neighborhood Empowerment And The Future Of The City, Kenneth Stahl

Kenneth Stahl

In any given metropolitan region, there are scores of municipalities locked in a zero-sum struggle for mobile sources of jobs and tax revenue. This competition appears to advantage small, homogenous suburbs over large, diverse cities because the former can directly enact the uniform will of the electorate rather than becoming ensnarled in conflict between competing interest groups. Cities can level the playing field with suburbs, however, by devolving municipal power to smaller, more homogenous subgroups within the city, such as neighborhoods. Indeed, one such effort at neighborhood empowerment, the “business improvement district,” (BID) has been widely identified as a key …

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia Salkin

Patricia E. Salkin

No abstract provided.

No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia Salkin

Patricia E. Salkin

This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decisionmaking, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia Salkin, Ashira Ostrow

Patricia E. Salkin

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia Salkin, Amy Lavine

Patricia E. Salkin

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine

Patricia E. Salkin

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

Local Regulation Of Mineral Development In Wyoming, Alan Romero

Alan Romero

No abstract provided.

The Advent Of Zoning, Garrett Power

Garrett Power

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Garrett Power

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature of …

The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman

Peter Z. Grossman

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.