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Articles 1 - 30 of 31
Full-Text Articles in Land Use Law
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker
Fordham Urban Law Journal
No abstract provided.
Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca
Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca
Fordham Urban Law Journal
No abstract provided.
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
Fordham Urban Law Journal
No abstract provided.
Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela
Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela
Fordham Urban Law Journal
No abstract provided.
The Promise And Perils Of "New Regionalist" Approaches To Sustainable Communities, Lisa T. Alexander
The Promise And Perils Of "New Regionalist" Approaches To Sustainable Communities, Lisa T. Alexander
Fordham Urban Law Journal
This article examines the Obama Administration's Sustainable Communities Regional Planning Grant Program as an example of new regionalism and new governance. The article outlines new regionalism's response to the failure of local government law, explains the relationship between new regionalism and new governance, and examines the regulatory structure of the Sustainable Communities Regional Planning Grant Program. After considering the strengths and weaknesses of the Grant Program, this article uses the case study of Madison, Wisconsin to analyze the Grant Program's ability to advance distributive justice.
Fostering Regionalism: Comment On "The Promise And Perils Of 'New Regionalist' Approaches To Sustainable Communities", Nestor M. Davidson
Fostering Regionalism: Comment On "The Promise And Perils Of 'New Regionalist' Approaches To Sustainable Communities", Nestor M. Davidson
Fordham Urban Law Journal
This brief comment, written in response to Professor Lisa Alexander's, "The Promise and Perils of 'New Regionalist' Approaches to Sustainable Communities," reviews Professor Alexander's assessment of the US Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant Program. This comment suggests that although the ability to approach regionalism from a national perspective does not ensure that local power dynamics will not be replicated, the distance and independence that the federal perspective provides may in fact be a cause for optimism, particularly for those marginalized at the local level.
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Keith H. Hirokawa, Patricia E. Salkin
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Keith H. Hirokawa, Patricia E. Salkin
Fordham Urban Law Journal
This article uses the expansion of Columbia University as a case study to demonstrate the difficulty in labeling projects as "sustainable" or "unsustainable" when key stakeholders view the process and outcomes of sustainability differently.
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
A Tale Of Three Northern Manhattan Communities: Case Studies Of Political Empowerment In The Planning And Developing Process, Richard C. Bass, Cuz Potter
Fordham Urban Law Journal
This article reviews three development proposals in Northern Manhattan communities, how community boards responded to those proposals, and how the responses affected the outcome of each development. The article begins with a broad overview of the history of community boards' role in urban planning in New York City. It finds that boards have become increasingly influential in new development plans, empowering the communities they represent. The Article goes on to analyze three recent proposals in turn (an expansion of Columbia University in Morningside Heights, a residential development in Central Harlem, and a comprehensive rezoning of East Harlem) according to "zoning," …
City Life And New Urbanism, Ray Gindroz
City Life And New Urbanism, Ray Gindroz
Fordham Urban Law Journal
This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen
Fordham Urban Law Journal
This article advocates for a new, fundamentally different plan for how cities should be coded, the Smart Code. It links urbanism and environmentalism and is strongly aligned with smart growth and sustainability. The Smart Code is offered as an alternative to the current anti-urban, conventional codes which are rigid and focus on single-use zones that separate human living space from the natural environment, as illustrated by the sprawl.
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall
Fordham Urban Law Journal
This article reviews Florida's growth management system, which has spurred suburban development, and its negative impact on Florida's cities. As Florida's governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida's suburban sprawl and invigorate its urban centers.
Eras, Daniel Solomon
Eras, Daniel Solomon
Fordham Urban Law Journal
This article discusses the different eras of development of the American town. The first era was a result of the agrarian grid. The second era started in 1938 when the Federal Housing Administration began working on a national code. The article identifies these sprawling second era towns as deficient. A third era is now underway and is heavily influenced by the first era towns.
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Maryland's Next Smart Growth Initiative: The Next Steps, Parris N. Glendening
Fordham Urban Law Journal
This article discusses Maryland's Smart Growth and Neighborhood Conservation Initiative, the nation's first statewide, incentive-based program to reduce the impact of urban sprawl. It has been used as a model by other states and espouses the notions that no growth is bad and the economy and environment are intertwined. Maryland attempts to change the bottom line of development decisions by making it more attractive and less costly to build in designated growth areas. The article identifies the next steps in Maryland's Smart Growth initiative and concludes that Maryland and the United States must be successful in these and similar efforts …
The Census As A Call To Action, David J. Barron, Gerald E. Frug
The Census As A Call To Action, David J. Barron, Gerald E. Frug
Fordham Urban Law Journal
This article argues that we misinterpret the Census figures showing the continued growth of the suburbs and increase in populations of some cities and not others. While many, including a Harvard economist, contend that this is a purely a result of consumer preference, this article concludes that this pattern is more likely a result of legal rules promoting sprawl which have been unchanged for 50 years. The article states that this new census data should be a wake-up call for state law reform which will no longer constrain and define local government.
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Fordham Urban Law Journal
Group homes represent a non-traditional alternative to single family living. The advent of the group home has taken place since the 1970s for a number of reasons, namely, due to a severe shortage in affordable housing, particularly for newly employed young adults and the elderly, due to public policy considerations calling for deinstitutionalization of the developmentally disabled and mentally ill, and finally due to a growing need for congregate type living arrangements for other special needs populations. Part I of the article explores the framework of the New York State zoning authority and the methods by which municipalities regulate the …
Smart Growth: A Catalyst For Public-Interest Investment, Honorable Norman B. Rice
Smart Growth: A Catalyst For Public-Interest Investment, Honorable Norman B. Rice
Fordham Urban Law Journal
Written by a former mayor of Seattle, this Article describes the "smart growth" movement as a way to sustain the livability of large urban centers in the twenty-first strategy. It describes some of the problems facing urban areas experiencing population growth, namely traffic, rising housing prices and a scarcity of open space. The "smart growth" movement seeks to address these problems in a cost efficient and environmentally friendly manner. Specifically, it seeks to do so through increased citizen participation in development decisions an constructive dialogue regarding development on individual neighborhoods. Ultimately, the goal of the movement is to make urban …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Fordham Urban Law Journal
Beginning from the premise that 1998 saw an increase in the number of land-use ethics cases, this Article describes the issues and problems that relate to ethics in land-use cases by breaking them into four separate categories: conflicts of interest, compatibility of office, bias and prejudgment, and miscellaneous. The conflicts of interest section describes cases involving financial gain for oneself, a family member or a business associate. The compatibility of office section describes situations where a person holds multiple public offices and the conflicts in duty that might arise. The bias and prejudgment section describes situations where a person's predetermined …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
Conscripting Private Resources To Meet Urban Needs: The Statutory And Constitutional Validity Of Affordable Housing Impact Fees In New York, James Berger
Fordham Urban Law Journal
In the closing decade of the 20th century, American cities face difficult financial predicaments. Urban tax bases have atrophied, and the confidence rating of municipal bonds has been downgraded. At the same time, city expenditures have increased as century-old infrastructure begins to crumble and urban demographics demand an ever increasing array of public services. To meet these challenges, New York City would do well to adopt impact fee and linkage arrangements, which would require developers to contribute to State coffers in proportion to the expected environmental, social, and economic impact of their development projects. To pass constitutional muster, however, any …
Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki
Fordham Urban Law Journal
Since the early 19th century, American city planning and architectural design has sought to reconcile the city with the countryside. During the late 19th and early 20th centuries, city planning focussed on bringing elements of the country to the urban landscape, while for much of the 20th century architectural designs sought to make the city more accessible to suburbanites. Both approaches to urban planning were based on architectural modernism, which led to city development plans that reflected developers' subjective value laden biases about urban life. The result was significant urban decay as zoning regulations and utilitarian city planning resulted in …
Introduction: Big Cities, Big Problems: Solutions For The 1990s
Introduction: Big Cities, Big Problems: Solutions For The 1990s
Fordham Urban Law Journal
Introduction to the issue containing essays submitted in conjunction with the First Annual Stein Center Symposium on Contemporary Urban Challenges, Big Cities, Big Problems: Solutions for the 1990s.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
Fordham Urban Law Journal
Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …
The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox
The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox
Fordham Urban Law Journal
This Article outlines the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey's Fair Housing Act. The author argues that, as implemented, RCAs thwart the Mount Laurel doctrine's explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities. The article concludes that, because the RCAs thwart some of the basic goals of the Mount Laurel doctrine, the New Jersey Fair Housing Act can no longer be described as a codification of that doctrine and substantial …
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza
Fordham Urban Law Journal
The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to …
Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson
Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson
Fordham Urban Law Journal
New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …
Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten
Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten
Fordham Urban Law Journal
This book is a collection of published and unpublished articles written by the author during the 1960s which deal with both the body of knowledge of urban planning and the channels through which it is presumably implemented. Outstanding among the several themes which emerge from these essays is the inescapable need to examine and evaluate the function of cities and the role of city planners. Kaplan couches his discussions in terms of the past and present foci of the planning field, newer community roles for planners, and his own suggestions concerning policies and programs.
Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale
Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale
Fordham Urban Law Journal
There is no particular policy reason why the same line should be used for both the upland boundary of the jus publicum and the seaward boundary of parcels bounded "by the sea." In interpreting the language used in grants of private interests, the ostensible object of the inquiry is to ascertain the parties (particularly the grantor's) intent. Subject only to limitations on the grantor's estate or power to convey, it is that intention which controls the extent of his transfer. On the other hand, in setting the upland boundaries of lands subject to the jus publicum, the courts are essentially …
Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn
Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn
Fordham Urban Law Journal
The zoning power, though based on the police power of the states, has traditionally been granted to local communities through various state enabling statutes. These enabling statutes permit local enactment of zoning ordinances only to the extent that they bear a substantial relation to the "health, safety, morals, or general welfare" of the community. With the migration of middle-class city dwellers to thc suburbs after World War II, zoning has become more than a means of maintaining the proper mix of land-use patterns in a community. Rather, in fear of overly rapid development and irreversible alteration of their community character, …
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …