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Full-Text Articles in Land Use Law
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
San Diego International Law Journal
This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …
Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan
Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan
San Diego Law Review
The great lesson of our time is that the forces of production, conservation, and creativity exist principally in the marketplace and not in government. To be sure, private entrepreneurs act largely in their own self-interest, but probably no more so than government officials, and their endeavors in the economic area are much more beneficial to the public.
Southwest Diversified, Inc. V. City Of Brisbane: New Opportunities For Municipalities To Avoid Referendum In Land Use Decisions, Cindy Y. Dobler
Southwest Diversified, Inc. V. City Of Brisbane: New Opportunities For Municipalities To Avoid Referendum In Land Use Decisions, Cindy Y. Dobler
San Diego Law Review
In Southwest Diversified, Inc. v. City of Brisbane, the California Court if Appeal held that a city ordinance which changed the zoning of originally designated wildlife habitat to another location within the proposed development was an administrative act and therefore not subject to referendum. Although local citizens groups had collected the requisite signatures to put the ordinance on the ballot for repeal by referendum, the appellate court upheld the lower court's decision ordering the city to desist from holding the election on the issue. The appellate court, narrowly focusing on the perceived intent and wording of a habitat conservation plan, …
Eminent Domain - Taking In Excess Condemnation Proceeding Held Constitutional If Such Taking Was Justified To Avoid Excessive Or Consequential Damages. People Ex Rel. Dept. Pub. Wks. V. Superior (Cal. 1968), Phillip A. Demassa
San Diego Law Review
This recent case discusses People ex rel. Dept. Pub. Wks. v. Superior (Cal. 1968)