Land Use Law Commons^™

Journal Of Land And Development, Volume 8, Issue 1

University of Baltimore Journal of Land and Development

No abstract provided.

The End Of The Road: A Brief History Of The Journal Of Land And Development, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.

Creating A Special Benefits District For Baltimore’S Patterson Park, Scott M. Richmond

University of Baltimore Journal of Land and Development

No abstract provided.

Recent Development: Billionaire Can’T Buy The Beach, D'Ereka Bolden

University of Baltimore Journal of Land and Development

No abstract provided.

Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2

University of Baltimore Journal of Land and Development

No abstract provided.

Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee

University of Baltimore Journal of Land and Development

No abstract provided.

How Will Technology Change Cities?, Klaus Philipsen

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development, Volume 7, Issue 1

University of Baltimore Journal of Land and Development

No abstract provided.

Boggs V. Merideth And The Present And Future Laws And Regulations Of Drone Usage, Brady Getlan

University of Baltimore Journal of Land and Development

In recent years, due to the emerging technology in the field of Unmanned Aviation Systems “Drones”, the laws of drones have come to the foreground of legal analysis. Since 2012, the Federal Aviation Administration (FAA) has set out various guidelines for numerous aspects of drone usage and ownership. The rules and guidelines for drones vary depending on whether the drone is being used for recreational use, or for commercial use. This article will focus on the laws and regulations associated with personal drone usage, and the legal impact of a recent federal case, Boggs v. Merideth.

The Impacts Of Allowing Cities To Have Standing Against Predatory Lenders Under The Fair Housing Act, Andrew Howell

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development, Volume 6, Issue 2

University of Baltimore Journal of Land and Development

No abstract provided.

What The Fraction: A Divisive Look Into The Necessary Revisions To The Department Of Interior’S Fractionated Land Buy-Back Program Amongst Diminishing Funding, David Baxter

University of Baltimore Journal of Land and Development

No abstract provided.

On Dangerous Ground? The Turf War Over Crumb Rubber: Potential Liability For Manufacturers And Municipalities, Dr. Sharlene A. Mcevoy

University of Baltimore Journal of Land and Development

There is an ongoing trend across the United States for athletic fields and playgrounds to install crumb rubber in lieu of natural grass surfaces. There are conflicting studies as to whether this material is safe and if continuous exposure can lead to cancer in those who use these play areas.

Symposium On Baltimore’S Port Covington Redevelopment Project, Suraj Vyas, Gillian Rathbone-Webber, Patrick Terranova, Lawrence Brown Phd, Thomas Prevas, Alexandra Athans, Christopher K. Croft

University of Baltimore Journal of Land and Development

No abstract provided.

Big Cities V. Big Banks: Does A Municipality Have Standing To Sue?, Hamda Hussein

University of Baltimore Journal of Land and Development

No abstract provided.

Three Issues The National Park System Faces In 2017, Andrew Waggoner

University of Baltimore Journal of Land and Development

No abstract provided.

Consistency With Comprehensive Plans: Does Maryland Law Mean What It Says, Or Say What It Means?, Royce Hanson

University of Baltimore Journal of Land and Development

No abstract provided.

Recent Development: Assategue Coastal Trust, Inc. V. Schwalbach: An Applicant Must Satisfy The "Unwarranted Hardship" Standard To Be Granted A Variance; The Variance Must Have No Adverse Impact On The Environment And Conform To The Purpose Of The Critical Area Program, Michael Louis Brown

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the Worchester County Board properly applied the “unwarranted hardship” standard and correctly granted a variance under local critical area law. Assateague Coastal Trust, Inc. v. Schwalbach, 448 Md. 112, 140, 136 A.3d 866, 882 (2016). The court held that the variance would not have an adverse impact on the environment and the development was in conformity with the Critical Area Program’s purpose and intent. Schwalbach, 448 Md. at 143-44, 136 A.3d at 883.

The Standing Rock Sioux Indians: An Inconvenience For Black Gold, Alina Yohannan

University of Baltimore Journal of Land and Development

The issue of the Native American (“Indian”) tribes’ rights to their lands started with the application of the European doctrine of discovery, continued with series of wars and population decimations, and finished with broken treaties and territorial occupations. After centuries of struggle for land and sovereignty, Indians still fight for their rights to the North American territories.

The lawsuit brought by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers (“the Corps”) is the latest and most publicized in recent years. The Tribe’s main concerns are the passing of a major crude-oil pipeline (Dakota Access Pipeline, or …

Exciting Changes In Central Baltimore: Examining The Homewood Community Partners Initiative, Gillian Rathbone-Webber

University of Baltimore Journal of Land and Development

The Homewood Community Partners Initiative (HCPI) is one of the newest waves of development based in Baltimore.1 HCPI has a different approach to development than other economic development plans in Baltimore and, in comparison to some failed attempts in other areas of the City, it seems to be working. Baltimore has long suffered from blight, high rates of vacant buildings, and high crime. There have been many previous attempts to address and repair those issues with only some success. HCPI is attempting to mitigate all those issues by way of a community development agenda and a five-part plan.2 While the …

Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron

University of Baltimore Journal of Land and Development

As of May 2016, the Consumer Financial Protection Bureau (CFPB) has announced an investigation into the practice of land contracts and compliance with federal truth and lending laws. The CFPB’s investigation is in response to the increasing number of reports from organizations, such as the National Consumer Law Center (NCLC), condemning land contracts for their predatory nature and disparate impact on low-income buyers, specifically those of color. Furthermore, land contracts have been labeled as “Wall Street’s Toxic Transactions” because of large wall street investment groups utilizing them for their own capital gain. Land contracts have been vilified for luring unsuspecting …

Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball

University of Baltimore Journal of Land and Development

The congruence between Federal and state laws relating to marijuana, 2 which has existed for generations, is unraveling. In recent years a number of states have reduced or eliminated criminal penalties for the possession or use of small amounts of marijuana;3 twentythree states have established a state law exception for medical marijuana; 4 and Colorado, Washington, Alaska and Oregon now authorize the retail and personal growth, sale and possession of marijuana as a matter of state law.5 Maryland has lately joined the list of states purporting to create exceptions or safe harbors for those wishing to engage in the manufacture, …

University Of Baltimore Journal Of Land And Development Volume 6 Number 1

University of Baltimore Journal of Land and Development

No abstract provided.

Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman

University of Baltimore Journal of Land and Development

Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3

The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …

University Of Baltimore Journal Of Land And Development Volume 5 Number 2 (Spring 2016) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

"Zoning" In On Maryland's Nascent Marijuana Industry, Matthew Mccomas

University of Baltimore Journal of Land and Development

Is green the new gold?1 Last year, the marijuana industry pulled in a whopping $2.4 billion.2 To put it in perspective that’s about 74% more than it did the year before.3 As of today, four states (Alaska, Colorado, Oregon, and Washington) and the District of Columbia have legalized recreational marijuana.4 But, more so, 23 states have decriminalized medical marijuana, including the State of Maryland in 2013.5

One of the most frequent legal issues in states with medical or recreational marijuana industries concerns where to locate marijuana distribution and production facilities.6 In Maryland, new law states that local municipalities shall determine …

Recent Developments: The Constitutionality Of Regulations And Bans On The Second Amendment, Trevor Shaw

University of Baltimore Journal of Land and Development

The 9th Circuit decided to overturn a local California county zoning ordinance that was infringing upon a citizen’s Second Amendment right to own and operate a gun store. The ordinance stated that any store that sold firearms or operated as a firing range needed to be 500 feet away from the front door of the shop to the front door of school zones, government buildings, residential areas, and other stores that sell firearms. The owners of Valley Guns & Ammo found a place located in Alameda County, just outside the radius and began working on acquiring the property and renovating …

Community Benefits Agreements: To The Extent Possible, Charlotte Clarke

University of Baltimore Journal of Land and Development

The focus of this paper pertains to a relatively new concept known as a Community Benefits Agreement (hereinafter “CBA”). Although this concept was born in the nineties, for the purpose of addressing the impacts of development projects on communities, CBAs recently gained momentum as a result of cities and municipalities becoming increasingly popular for large scale developments such as sports arenas and high rise apartment buildings. At their inception CBAs allowed communities to negotiate directly with developers, and gave communities the opportunity to address problems associated with a development project. CBAs are defined differently depending on whom one asks, however, …

The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger

University of Baltimore Journal of Land and Development

Law promises much but does not always deliver. It promises due process, equal protection, equity, and personal autonomy—but many individuals leave litigation uncured. The trend in recent years has been increasing privatization of law coupled with diminution of private right. This paper explores ways to secure private rights despite privatization of law by enhancing the rigor of judicial review of state action. Law is one of several social systems operating in an environment of limited resources. Access to oil and gas is, today, more controversial, difficult, and expensive than ever before because of increased environmental regulations created under the Obama …