Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Administrative oversight (1)
- Boundary Dispute (1)
- Cities & towns -- Conservation & restoration -- Law & legislation (1)
- Civil War (1)
-
- Civil War Monuments (1)
- Confederacy (1)
- Confederate Monuments (1)
- Decatur Township (1)
- Densification (1)
- Density (1)
- George Schedler (1)
- Government regulation -- Social aspects (1)
- Greater Austin (1)
- Greater New Haven (1)
- Land use -- Law & legislation -- United States (1)
- Land-use regulations (1)
- Law & aesthetics (1)
- Local government (1)
- Lost Cause (1)
- Metropolitan (1)
- Municipal government -- United States (1)
- Municipalities (1)
- Neighborhood Conservation Districts (1)
- Neighborhoods (1)
- Neighborhoods -- Design & construction (1)
- Overlapping jurisdiction (1)
- Perry Civil Township of Marion County et al. v. Indianapolis Power & Light Co. et al. (1)
- Perry Township (1)
- Private (1)
Articles 1 - 5 of 5
Full-Text Articles in State and Local Government Law
Interlocal Power Roulette, Daniel B. Rosenbaum
Interlocal Power Roulette, Daniel B. Rosenbaum
Indiana Law Journal
Local governments inhabit a crowded ecosystem. Cities, counties, and school districts—and many more—share overlapping territorial jurisdictions. Overlapping jurisdiction goes hand-in-hand with redundant local power, defined as a scenario where multiple governments hold independent authority to take the exact same action in the exact same territorial space. In Maine, for example, state law empowers three local bodies to operate the same sewer infrastructure. In Detroit, two separate entities are equally tasked with managing the city’s streetlights. And in communities across the country, local governments are broadly authorized to own the same parcels of public land, including in Oakland, California, where public …
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
Indiana Law Journal
Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move to places, such as Texas, where housing is far cheaper. I have been engaged in an empirical study of zoning practices in Silicon Valley, Greater New Haven, and Greater Austin. This Article presents one of my central findings, induced from those metropolitan areas and elsewhere: local zoning politics typically freezes land uses in an established neighborhood of …
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Indiana Law Journal
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Indiana Law Journal
Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …