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Articles 151 - 174 of 174
Full-Text Articles in Land Use Law
When Local Government Misbehaves, Shelley Ross Saxer
When Local Government Misbehaves, Shelley Ross Saxer
Utah Law Review
This Article addresses one of the lingering questions following the Supreme Court’s decision in Koontz v. St. Johns River Water Management District. In that land use case, the Court held that proposed local government monetary exactions from property owners to permit land development were subject to the same heightened scrutiny test as imposed physical exactions. The Court left unanswered the question of how broadly this heightened scrutiny should be applied to other monetary obligations imposed by the government. The Article argues that “in-lieu” exactions that are individually assessed as part of the permitting process should be treated differently than the …
How To Make Suburbia Less Sprawling, Michael Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
Scholarly Works
Review of Retrofitting Sprawl, edited by Emily Talen.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Dealing With Illegal Housing: What Can New York City Learn From Shenzhen?, Shitong Qiao
Dealing With Illegal Housing: What Can New York City Learn From Shenzhen?, Shitong Qiao
Faculty Scholarship
In New York City, owners violated zoning regulations and opened up their basements, garages, and other floors to rent to people (particularly low-income immigrants) priced out of the formal market. The more than 100,000 illegal dwelling units in New York City (NYC) were referred to as “granny units,” “illegal twos or threes,” or “accessory units.” Due to the safety and habitability considerations of “alter[ing] or modif[ying] of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings (DOB),” the City government devoted a lot of resources to detecting and …
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Articles
The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
Faculty Works
The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Georgetown Law Faculty Publications and Other Works
This essay presents a legal device by which local governments can put a price on climate emissions and loss of resiliency generated by new real estate development. Local governments commonly impose fees, a type of monetary exaction, on new development to offset public costs that such development will impose. This Essay argues that monetary fees offer significant potential as a tool to help local governments manage land development’s contribution to climate change. Such “climate exactions” can put a price on the carbon emissions from new development and also on development that reduces the natural resiliency of the jurisdiction to the …
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.
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Law Faculty Scholarly Articles
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
The Fair Market Value Of Public Resources, Bruce R. Huber
The Fair Market Value Of Public Resources, Bruce R. Huber
Journal Articles
This Article explores the problem of public resource sales with particular reference to natural resources managed by the federal government. Lands owned by the United States hold trillions of dollars' worth of natural resources. Federal agencies earn billions in annual revenue from resource sales, yet critics assert that billions more could be reaped if resources were sold for a fair price. Although federal law has increasingly required that agencies price resources at fair market value, this requirement is surprisingly difficult to interpret and even more dfficult to implement and enforce. This Article analyzes the various forces that bear on public …
Land Use Regulation (2d Ed.), Stewart E. Sterk, Eduardo M. Penalver, Sara C. Bronin
Land Use Regulation (2d Ed.), Stewart E. Sterk, Eduardo M. Penalver, Sara C. Bronin
Sara C. Bronin
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Michael E Lewyn
The Roots Of Expensive Zoning, Michael Lewyn
The Roots Of Expensive Zoning, Michael Lewyn
Michael E Lewyn
Two Arguments Against Home-Sharing, Michael Lewyn
Two Arguments Against Home-Sharing, Michael Lewyn
Michael E Lewyn
2016 Market Urbanism Blog Posts, Michael Lewyn
2016 Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
2016 Planetizen.Com Blog Posts, Michael Lewyn
2016 Planetizen.Com Blog Posts, Michael Lewyn
Michael E Lewyn
Taking The Oceanfront Lot, Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Josh Eagle
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
Michael E Lewyn
Deny, Deny, Deny, Michael Lewyn
Deny, Deny, Deny, Michael Lewyn
Michael E Lewyn
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan