Land Use Law Commons^™

The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”, Tyler Gaines

Georgia Law Review

Homeownership provides owners with certain property
rights and a sense of security. One of the most important
property rights is the Takings Clause of the U.S. Constitution,
which prohibits the government from taking private property
without just compensation. The Clause has been incorporated
against the states and is interpreted as prohibiting any taking
that does not serve a public use. Despite these constitutional
protections, numerous condominium owners face the threat of
private investors taking their units for no public use, without
just compensation, and without the owners’ consent.
Many state condominium laws allow private investors who
obtain a specified percentage …

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.

Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review Earthcare: Sierra Club Special Publications Of The International Environment, 1972-1976, J. William Futrell

Georgia Journal of International & Comparative Law

No abstract provided.

The United States Nuclear Power Export Program: An Assessment Of It's National And International Impacts On The Enviornment, Gwyn P. Newsom

Georgia Journal of International & Comparative Law

No abstract provided.

City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups

Georgia Journal of International & Comparative Law

No abstract provided.

Financing Urbanization In Developing Countries, Leslie Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Housing The Urban Poor In Developing Countries: Selected Legal Issues In The Provision Of Serviced Land And Shelter, Bertis E. Downs Iv

Georgia Journal of International & Comparative Law

No abstract provided.

Urbanization And Public Services, Fredric Stearns

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau

Georgia Journal of International & Comparative Law

No abstract provided.

How Are Local Governments Responding To Student Rental Problems In University Towns In The United States, Canada, And England?, Jack S. Frierson

Georgia Journal of International & Comparative Law

No abstract provided.

Dwelling Together: Using Cooperative Housing To Abate The Affordable Housing Shortage In Canada And The United States, Jennifer Cohoon Mcscotts

Georgia Journal of International & Comparative Law

No abstract provided.

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.

Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin

Georgia Journal of International & Comparative Law

No abstract provided.

The Problem With The Bureau Of Land Management's Delegation Of Wildlife Management In Wilderness, Lindsay S. Jones

Georgia Law Review

Congress passed the Wilderness Act of 1964 "to secure for
the American people of present and future generations the
benefits of an enduring resource of wilderness." When it
passed the Act, Congress preserved over 9 million acres of
federal lands; and since then, the National Wilderness
Preservation System has been expanded by more than 100
million acres. The Act requires the federal agencies to
manage the wilderness areas to preserve their wilderness
character and to leave the lands unimpaired for future
generations.
Wildlife is an integral part of what makes wilderness
worth preserving. Despite the vital role wildlife plays in …

Values As Part Of The Clinical Experience, Jaime Baker Roskie

Scholarly Works

This essay is based on a short talk I gave at the “Practically Grounded” conference hosted by Pace Law School’s Land Use Law Center. This piece discusses the University of Georgia (UGA) Land Use Clinic, specifically why and how I interact with my students in the classroom about values as part of the clinic experience. It attempts to tie my own teaching methods to those suggested in Best Practices for Legal Education.

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create …

New Ruralism, Emily M. Stratton

Land Use Clinic

This paper explores how New Ruralism expounds upon the principles behind New Urbanism, showcases examples of local communities experimenting with the novel idea, and addresses the potential of the movement to be a nationwide occurrence.

Survey Of Local Government Green Building Incentive Programs For Private Development, Anne Marie Pippin

Land Use Clinic

This paper focuses on private development incentives, and surveys the policies and ordinances that local governments around the country have utilized to provide incentives for private developers to build green, sustainable buildings. Georgia’s existing green building programs are then briefly discussed, and, in conclusion, suggestions are made for local programs moving forward.

Tdr Citizens Guidebook, Meghan Ryan, Wes Rochester, Laura Ingram

Land Use Clinic

The purpose of this guidebook is to provide information about transferable development rights (TDR) for communities considering adoption of a TDR program. This book defines the basic elements of TDR and explains how these programs can be used to balance the competing goals of land preservation and development. It is designed to prepare communities to get involved with their local planning process and shape TDR programs to best fit their needs.

The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey

Land Use Clinic

Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.

Lighting And Dark Sky Regulation, Marjorie Palmer

Land Use Clinic

Thousands of lighting ordinances are currently in force in the United States. This memo: (1) explains and summarizes several examples of approaches to lighting control, including the International Dark-Sky Association’s (IDA) guidelines, a model lighting ordinance by another organization, and two lighting ordinances from counties in the United States; and (2) assesses and evaluates the IDA guidelines and other approaches.

Drafting Local Ordinances For Natural Resource Protection, Jamie Baker Roskie, James W. Hawhee, Jeremy Cole

Land Use Clinic

Drafting, passing, and enforcing a successful ordinance can be a very difficult and complicated task.The purpose of this manual is to familiarize lay people interested in environmental protection with the tools necessary to draft and pass local ordinances that address their particular needs. A well-crafted ordinance can be a key tool in protecting the environment at the local level, and organizations and citizens can play a crucial role in drafting such laws.

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment of their …

City Of Jefferson Curry Creek Water Supply Watershed: Estimate Of Existing And Projected Impervious Cover And Assessment Of Watershed Protection Provisions, Jamie Baker Roskie, Seth Wenger

Land Use Clinic

The Land Use Clinic, in conjunction with the River Basin Center, helped the City of Jefferson to protect its drinking water supply. The Land Use Clinic wrote municipal legislation to reduce impervious cover (roads, parking lots, buildings and sidewalks) and minimize runoff, which diminishes water quality by filling streams with pollutants and increasing sedimentation, increases the need for expensive water treatment and impacts aquatic habitat.

An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman

Land Use Clinic

A development impact fee is defined as “payment of money imposed upon development as a condition to development approval to pay for a proportionate share of the cost of system improvements needed to serve growth and development.” Development impact fees are a relatively new idea in Georgia, but have been used in other jurisdictions for years. This paper analyzes the development of the Georgia Development Impact Fee Law. It also tracks use of impact fees in Georgia and makes recommendations for jurisdictions considering adopting impact fees.

Accessory Apartments, Lauren Giles

Land Use Clinic

Use and regulation of accessory dwelling units, also known as accessory apartments, as a way to promote affordable housing and multi-generational housing options in single-family neighborhoods. Implementing an ADU ordinance requires local governments to balance the interests of homeowners, potential tenants, and the community at large. ADUs can benefit all parties if they are implemented properly. Community education and involvement are important to ensure support for ADUs. ADUs allow communities to grow in population without additional construction or the expense of new infrastructure. Accessory dwelling are not for everyone or every neighborhood, but when done properly in the appropriate area …