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Land Use Law Commons

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Articles 1 - 10 of 10

Full-Text Articles in Land Use Law

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz Dec 2014

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Takings Cases In The October 2004 Term, Leon D. Lazer Dec 2014

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.


Federalism Cases In The October 2004 Term, Erwin Chemerinsky Dec 2014

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Patricia E. Salkin, Keith H. Hirokawa Jan 2010

Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Patricia E. Salkin, Keith H. Hirokawa

Scholarly Works

This Article employs sustainability as a framework to analyze the recent proposed physical expansion plans of Columbia University for the purpose of illustrating the complexities that arise in urban development and higher education practices, as well as the problems of trying to simultaneously implement both. Governments and courts traditionally provide a high level of deference and leniency in the application of land-use laws and regulations when it comes to siting and expansion issues for educational institutions, yet institutions of higher education, particularly those located in urban areas, create unique dilemmas for sustainability. For example, available land for expansion is often …


Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin Jan 2006

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.


U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin Oct 2005

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Scholarly Works

No abstract provided.


Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin Apr 2005

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Scholarly Works

No abstract provided.


Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero Jan 2005

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 …


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin Jan 2005

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.


Takings Clause Jan 1995

Takings Clause

Touro Law Review

No abstract provided.