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Articles 1 - 8 of 8
Full-Text Articles in Land Use Law
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, Leon D. Lazer
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The …
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Book Gallery
This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Articles
This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept provides a framework that molds eminent domain takings and economic redevelopment into an inclusionary land assembly model equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. The tools to achieve this include Community Benefit Agreements (“CBAs”), Land Assembly Districts (“LADs”), Community Development Corporations (“CDCs”), Land Banks (“LABs”), Community Land Trusts (“CLTs”) and Neighborhood Improvement Districts (“NIDs”). The origin of the concept derives from the zoning law context, where exclusionary zoning in the suburbs excluded …
Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam
Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam
Sara C. Bronin
Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Gerald S. Dickinson
This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …