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Articles 1 - 30 of 173
Full-Text Articles in State and Local Government Law
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
Scholarly Works
As Professor John R. Nolon steps down from active law teaching, this article reflects not only on his contributions as a national thought leader in the field, but also on how he has a hand in changing the land use and conservation patterns in New York while promoting affordable housing and combating discrimination.
Using Youtube To Explain Housing, Michael Lewyn
Using Youtube To Explain Housing, Michael Lewyn
Scholarly Works
In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.
Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent
Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent
University of Colorado Law Review
The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental sustainability, racial desegregation, and the economic stability of cities and states. However, passing zoning reform measures is complicated by local political opposition and the potential for unintended consequences. The best approach to pass zoning reform while ensuring that cities and states truly address housing affordability is to craft zoning reform …
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
St. John's Law Review
(Excerpt)
The average wealth of Black families is one-seventh that of white families in the United States today. Homeownership—the primary avenue through which Americans accumulate personal and generational wealth—is the leading driver of the wealth disparity between white and Black American families, known as the “racial wealth gap.” The systematic and intentional exclusion of Black people from developing communities during the twentieth century largely excluded people of color from the housing boom and denied them the opportunity afforded to white people to multiply their assets. Contrary to widespread belief, however, legislation-backed oppression of Black Americans did not end in the …
It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati
It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati
Notre Dame Law Review
This Note will argue that, when looking at the quality of a school district, there is some theoretical threshold that determines whether the use of local property tax and zoning by a local government will be effective in increasing the quality of the locality’s schools. This theoretical threshold is conceptually akin to the basic economic idea of a poverty trap. If a locality’s schools are above this quality threshold, the corresponding local government will be able to effectively utilize property taxes and zoning to increase the quality of its schools. However, if it is below the threshold, the local government …
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Washington Law Review
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …
Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters
Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters
Journal of Food Law & Policy
Urban agriculture takes many forms, including individual gardens on privately owned land, neighborhood gardens, community gardens, and gardens located on church and school grounds, housing developments, and other publicly owned property. The most essential factors for successful urban agriculture efforts include land acquisition, zoning ordinances, access to affordable water, infrastructure, and support services such as education and outreach. Cities across the United States have formed task forces with the mission of making their cities more sustainable or strengthening the local food supply system; urban agriculture is instrumental in both of these missions. Major cities across the United States are recognizing …
The Limits Of Equity, Michael Lewyn
The Limits Of Equity, Michael Lewyn
Scholarly Works
"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.
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 …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Zoning For Families, Sara C. Bronin
Zoning For Families, Sara C. Bronin
Cornell Law Faculty Publications
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …
Death Need Not Part Owners And Their Pets: Regulating Pet Cemeteries Through Zoning Regulation, Patricia E. Salkin, Sydney Gross
Death Need Not Part Owners And Their Pets: Regulating Pet Cemeteries Through Zoning Regulation, Patricia E. Salkin, Sydney Gross
Scholarly Works
Pet ownership in the United States has grown substantially over the years. In the past, when a family pet died, it was typically buried in the back yard or cremated by the local veterinarian who might return the ashes to the owner if requested. Today the relationship between people and their pets is different. In many cases pets are treated like members of the family, and a growing number of people wish to be buried alongside their pet either in a burial ground for human remains or for animal remains. Others wish to inter their pets in a specially designated …
The Law Of The Eruv, Michael Lewyn
The Law Of The Eruv, Michael Lewyn
Scholarly Works
Describes case law governing municipal regulation of the eruv (an artificial enclosure designed to allow observant Jews to carry on the Jewish Sabbath). The article focuses on First Amendment case law, and concludes that a municipality may prohibit eruvin only pursuant to a regulation that is enforced against comparable secular signs.
Regulating Short-Term Rentals In California's Costal Cities: Harmonizing Local Ordinances With The California Costal Act, Lucy Humphreys
Regulating Short-Term Rentals In California's Costal Cities: Harmonizing Local Ordinances With The California Costal Act, Lucy Humphreys
Loyola of Los Angeles Law Review
In the past several years, local governments throughout California have debated and implemented new ordinances in order to regulate short-term rentals, such as those listed on peer-to-peer vacation rental platforms like Airbnb.California’s coastal cities face distinct challenges whentrying to regulate short-term rentals due to the popularity of short-term rentals in their jurisdictions, rising housing prices along the coast, and California Coastal Act requirements. One of the primary goals of the California Coastal Act is to maximize public access to the coast. This Article explores the interplay between state policy embodied by the Coastal Act and the ordinances passed by local …
State Constitutional General Welfare Doctrine, Gerald S. Dickinson
State Constitutional General Welfare Doctrine, Gerald S. Dickinson
Articles
It is black-letter law that the U.S. Supreme Court’s takings doctrine presupposes exercises of eminent domain are in pursuit of valid public uses that require just compensation. But, neither federal doctrine nor the text of the Takings Clause offers any additional constraints. The story of the Supreme Court’s takings jurisprudence is, in other words, incomplete and deserves reexamination. However, the usual protagonists, such as the Supreme Court or federal courts, are not central to this Article’s reexamination. Instead, this Article’s narrative is federalism, its characters are state courts, and its script is state constitutions.
In the post-Kelo v. New London …
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Michigan Journal of Environmental & Administrative Law
Notwithstanding the need for adaptation lawmaking to address a critical gap between climate-change related risks and preparedness in the United States, no coherent body of law exists that is aimed at reducing vulnerability to climate change. As a result of this gap in the law, market failures, and various “super wicked” attributes of hazard mitigation planning, local communities remain unprepared for present and future climate-related risks. Many U.S. communities continue to employ land-use planning and zoning practices that, at best, fail to mitigate these hazards, and, at worst, increase local vulnerability. Even localities that have implemented otherwise robust adaptation plans …
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
Pace Law Review
This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
All Faculty Scholarship
Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Maine Law Review
In Smith v. Town of Pittston, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a municipal ordinance adopted by the town of Pittston that prohibited the spreading of septage within Pittston. The majority held that Pittston's ordinance did not violate the Maine Hazardous Waste, Septage and Solid Waste Management Act (Solid Waste Management Act), which “govern[s] the disposal of garbage, sludge, septage and other waste.” The majority interpreted the “home rule” statute as granting sufficient authority to Pittston, as a municipal corporation, to enact the ordinance at issue. The dissent, on the other hand, would have held …
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Chicago-Kent Law Review
No abstract provided.
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
Chicago-Kent Law Review
No abstract provided.
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Chicago-Kent Law Review
No abstract provided.
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
Chicago-Kent Law Review
No abstract provided.
Freeing The City To Compete, James J. Kelly Jr.
Freeing The City To Compete, James J. Kelly Jr.
Chicago-Kent Law Review
No abstract provided.
Powerpoint- Setback Speech, Michael Lewyn
Powerpoint- Setback Speech, Michael Lewyn
Michael E Lewyn
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
University of Michigan Journal of Law Reform
A relatively new proposal to reduce homelessness in the United States involves extraordinarily small dwellings. While the “tiny house” movement is intuitively appealing and has found sporadic success, strict housing codes, building codes, and zoning laws often destroy the movement before it can get off the ground. One possibility for getting around these zoning and building code challenges, without drastic overhauls to health and safety codes, is to create a new state-level zoning classification of “transitional campgrounds.” A new zoning classification would alleviate the issue because campgrounds are consistently subject to less strict building codes, which could permit tiny houses …
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Scholarly Works
Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.