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Articles 1 - 30 of 35
Full-Text Articles in Land Use Law
Resolving Land Use Disputes: Mediation, Arbitration And Litigation, Senate Select Committee On Planning For California's Growth, Senate Committee On Local Government
Resolving Land Use Disputes: Mediation, Arbitration And Litigation, Senate Select Committee On Planning For California's Growth, Senate Committee On Local Government
California Senate
No abstract provided.
Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley
Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley
Vanderbilt Journal of Transnational Law
Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …
Environmental Policy In The 1990s, Denise D. Fort
Environmental Policy In The 1990s, Denise D. Fort
Natural Resources Journal
No abstract provided.
Private Land Use, Changing Public Values, And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values, And Notions Of Relativity, Lynda L. Butler
BYU Law Review
No abstract provided.
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, …
Local Land Use Control In New York: An Aging Citadel Under Siege, John R. Nolon
Local Land Use Control In New York: An Aging Citadel Under Siege, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In New York, local officials determine the shape and pace of land development, decide the economic fate of land owners and are the stewards of our natural resources. The system of local control of land use has remained relatively static since it was first created by the state legislature over seven decades ago. Today, however, it is under siege. Its strength is being sapped by preemptive state and federal regulations; it is being attacked by environmentalists and developers alike. The state's highest court has called for fundamental reform.
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Vanderbilt Law Review
Even before the Supreme Court decided Nollan v. California Coastal Commission,' courts and scholars debated the wisdom and constitutionality of land use exactions and impact fees-government-imposed charges on the right to develop land. Many municipalities have long required developers to finance infrastructure improvements.s Fiscally drained municipalities, particularly big cities, had begun to use, or to consider using, exactions or their close cousins, "linkage" programs, as a means to finance a wider variety of government services.
The controversy these fees have generated reflects more general concerns about financing local government. Municipalities and their defenders justify exactions and impact fees as necessary …
Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk
Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk
Cardozo Law Review
No abstract provided.
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
William & Mary Environmental Law and Policy Review
No abstract provided.
The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock
The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Linking The Past To The Future: A Landscape Conservation Strategy For Waterford, Virginia, Elizabeth Brabec, Mary Ann Nabor, Harry L. Dodson
Linking The Past To The Future: A Landscape Conservation Strategy For Waterford, Virginia, Elizabeth Brabec, Mary Ann Nabor, Harry L. Dodson
Elizabeth Brabec
The report presents a planning strategy for protecting Waterford, an historic community located in Loudoun County, Virginia. The Waterford Historic District, including the village and surrounding farmland, was designated a National Historic Landmark in 1970. In 1986, the National Park Service determined that Waterford was threatened by proposed new construction on an historic farm almost directly in the center of the Landmark. The report identifies alternative development strategies that would protect the historic integrity of the village landscape. These strategies were intended to be used in negotiations with local landowners, as negotiated but voluntary land conservation strategies.
Contract For Nonbeneficial Use: New Mexico Water Law Is Drowned Out By Contract. (Margarito Trujillo And Swope Farm And Livestock Co. V. Cs Cattle Company And Eagle Nest Reservoir Corporation V. Angel Fire Corporation, 109 N.M. 705, 790 P.2d 502 (1990)), William Singdahlsen
Natural Resources Journal
No abstract provided.
Standing For Environmental Groups: Procedural Injury As Injury-In-Fact, Miriam S. Wolok
Standing For Environmental Groups: Procedural Injury As Injury-In-Fact, Miriam S. Wolok
Natural Resources Journal
No abstract provided.
Tribes V. States: Zoning Indian Reservations, J. Bart Wright
Tribes V. States: Zoning Indian Reservations, J. Bart Wright
Natural Resources Journal
No abstract provided.
Preemption Of Local Law By State Legislature
Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine
UIC Law Review
No abstract provided.
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Faculty Scholarship
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Vanderbilt Law School Faculty Publications
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.
Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss
Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss
Natural Resources Journal
No abstract provided.
Preemption Of Local Law By State Legislature
Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough
Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough
Natural Resources Journal
No abstract provided.
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
Seattle University Law Review
Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …
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 …
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Maine Policy Review
No abstract provided.
Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski
Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski
Villanova Law Review
No abstract provided.
Pennsylvania Northwestern Distributors, Inc. V. Zoning Hearing Board Of Moon Township: Amortization Of Nonconforming Uses Or Amortization Of The Police Power In Pennsylvania, Barry Gosin
Villanova Law Review
No abstract provided.