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Urban Studies and Planning Commons

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Selected Works

Land Use Law

Land use

Articles 1 - 4 of 4

Full-Text Articles in Urban Studies and Planning

2007 Cnu Blog Posts, Michael Lewyn Dec 2016

2007 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

The Congress for New Urbanism (cnu.org) once had a group blog that I contributed to. These are my 2007 posts, mostly about the 2007 CNU conference.


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature ...


Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn Dec 2014

Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn

Michael E Lewyn

Proposes creating a new kind of zone called an "internally buffered district." Within these zones, intensive land uses like stores and apartments are allowed, so long as the latter uses are physically separated from nearby residential districts. The article suggests that developers compensate homeowners for rezoning their property to the internally buffered classification, thus allowing for both more compact development and more protection of homeowners' interests.


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials ...