Reclaiming State Authority Over Zoning Property, 2019 American University Washington College of Law
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
In 2019, Oregon became the first state to pass legislation that essentially bans single-family zoning.' As states across the country struggle to respond to the housing affordability crisis, Oregon's actions do not stand alone. John Infranca's recent article, The New State Zoning: Land Use Preemption Amid a Housing Crisis, may have been published before Oregon's historic vote but it is essential reading for those interested in the future of zoning.
Conservation, Regionality, And The Farm Bill, 2019 University of Maine School of Law
Conservation, Regionality, And The Farm Bill, Jess R. Phelps
Maine Law Review
Over the past several Farm Bills, there has been a somewhat subtle shift in program design to better incorporate regional perspectives/localized areas of conservation concern into national conservation program delivery. The purpose of this Article is to specifically explore the various roles that regional considerations play in existing Farm Bill conservation programs and also consider whether further developments in this direction could result in more flexible program delivery, more effective partnerships, and ultimately, better conservation outcomes. To this end, section II will provide an overview of the history of the Farm Bill, from its origins to the emergence of a …
Brigham-Kanner Property Rights Journal, Volume 8, 2019 William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Federalism Dimension of Constitutional Property
October 4-5, 2018
Panel 1: The Federalism Dimension of Constitutional Property: A Tribute to Sterk
Panel 2: Background Principles of Common Law and Constitutional Property
Lunch Roundtable: Other Emerging Issues in Constitutional Protection of Property
Panel 4: The Constitutionality of Land Use Exactions
Contributing Author (Reveley)
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, 2019 Washington and Lee University School of Law
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
Washington and Lee Journal of Civil Rights and Social Justice
While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides an ideal …
Due Process Supreme Court Rockland County, 2019 Touro University Jacob D. Fuchsberg Law Center
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, 2019 University at Buffalo School of Law
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Katrin Rowan
No abstract provided.
Book Review Of "River Of Lost Souls", 2019 University of New Mexico School of Law
Book Review Of "River Of Lost Souls", Clifford J. Villa
Public Land & Resources Law Review
No abstract provided.
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, 2019 Washington and Lee School of Law
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
Jill M. Fraley
In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.
That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …
Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, 2019 Columbia Law School
Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the life-cycle of eucalyptus tree plantations. It also notes the different possible negative environmental impacts of eucalyptus plantations before exploring how this information can be factored into community decision-making about a proposed eucalyptus plantation. While the briefing focuses on eucalyptus plantations, a lot of it will …
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, 2019 Washington and Lee University School of Law
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", 2019 University of Maine School of Law
Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello
Ocean and Coastal Law Journal
The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama's use of …
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., 2019 University of Maine School of Law
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Ocean and Coastal Law Journal
In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, 2019 University of Maine School of Law
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
Ocean and Coastal Law Journal
While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …
Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, 2019 University of Maine School of Law
Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph
Ocean and Coastal Law Journal
This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 interviews …
Juliana V. United States, 2019 University of Montana School of Law
Juliana V. United States, Daniel Brister
Public Land & Resources Law Review
In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to the …
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, 2019 Brooklyn Law School
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro
Brooklyn Law Review
Despite more than half a century since urban renewal programs were first established throughout the United States, these urban development programs are still negatively associated with the destruction of communities, displacement, and poor urban planning practices. While many jurisdictions continue to utilize state urban renewal legislation, few of these jurisdictions have actually addressed the future of urban renewal programs. This note focuses on urban renewal in New York City, where many of these plans are about to expire, and asks whether urban renewal programs—with its infamous history—can be utilized in an equitable and sustainable way. Analyzing Local Law No. 40 …
Appalachian Voices V. State Water Control Board, 2019 “Alexander Blewett III School of Law at the University of Montana
Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, 2019 University of Michigan
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Michigan Journal of Environmental & Administrative Law
The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, 2019 The Graduate Center, City University of New York
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Dissertations, Theses, and Capstone Projects
This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, 2019 Brooklyn Law School
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Brooklyn Journal of Corporate, Financial & Commercial Law
In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …