Open Access. Powered by Scholars. Published by Universities.®

Land Use Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,390 Full-Text Articles 2,532 Authors 893,939 Downloads 129 Institutions

All Articles in Land Use Law

Faceted Search

3,390 full-text articles. Page 64 of 70.

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power 2011 University of Maryland School of Law

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix ...


Blue Moonlight Rising: Evictions, Alternative Accommodation And A Comparative Perspective On Affordable Housing Solutions In Johannesburg, Gerald Dickinson 2010 United States Court of Appeals for the Third Circuit

Blue Moonlight Rising: Evictions, Alternative Accommodation And A Comparative Perspective On Affordable Housing Solutions In Johannesburg, Gerald Dickinson

Gerald S. Dickinson

The City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (338/10) [2011] ZASCA 47 (30 March 2011) is a welcomed addition to the eviction jurisprudence in South Africa. Courts have jostled for years with the question of whether socio-economic rights should be enforced in the context of adequate housing and evictions. Today, the central questions in comparative constitutional law now deal with how courts should enforce such rights. In other words, what are the remedies for violations of socio-economic rights? The usual proposed remedies are coercive orders aimed at guaranteeing occupiers the denied rights ...


Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo 2010 University of Arkansas, Fayetteville

Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo

Carl J. Circo

The sustainable construction movement may eventually transform construction law and practice. Alternatively, sustainability in the built environment may simply be absorbed into the existing fabric of construction contracting. Using the lens of design and construction law theory, this article examines selected project structures and contract provisions being used or proposed in the design and construction industry to allocate the special risks associated with green building standards and objectives. Green building contracts will inevitably reflect industry practices derived from theories of liability and risk allocation that have dominated construction and design law for decades. But established practices and legal theories do ...


2011 Planetizen Blog Posts, Michael Lewyn 2010 Touro Law Center

2011 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Blog posts on urban and suburban issues, originally at planetizen.com


Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes 2010 American University, Washington College of Law

Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes

Heather Hughes

This Article relates contemporary financing practices to land use results on the ground. Demonstrating a relationship between financing practices and environmental consequences requires excavation of core questions about the scope and structure of the private law rules that comprise commercial finance law. Private law mechanisms such as rules governing common forms of financial transactions can relieve the tension between financial incentives driving commercial actors, on the one hand, and the goals of environmental regulation, on the other. This Article explores the relationship between one, typical form of real estate development finance – the securitized mezzanine loan – and one, major environmental problem ...


On Equality: The Anti-Interference Principle, Donald J. Kochan 2010 Chapman University School of Law

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. It argues ...


Cancun Climate Negotiations, Prof. Elizabeth Burleson 2010 Selected Works

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Water, Climate, And Energy Security, Prof. Elizabeth Burleson 2010 Selected Works

Water, Climate, And Energy Security, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


A Produção Do Espaço Urbano No Mundo Contemporâneo: Refletindo A Partir Da Operação Urbana Do Isidoro, Belo Horizonte, Mg, Rafael de Oliveira Alves, Letícia de Melo Honório 2010 UFOP

A Produção Do Espaço Urbano No Mundo Contemporâneo: Refletindo A Partir Da Operação Urbana Do Isidoro, Belo Horizonte, Mg, Rafael De Oliveira Alves, Letícia De Melo Honório

Rafael de Oliveira Alves

Trata de uma reflexão acerca dos principais aspectos da produção e organização do espaço urbano no mundo contemporâneo tendo como objeto empírico de análise o caso da Operação Urbana do Isidoro, em Belo Horizonte, MG.


Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener 2010 Bonnett, Fairbourn, Friedman & Balint PC

Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener

Michael N. Widener

The potential advantages (cash flow) to medical marijuana businesses and their landlords are apparent – yet superficially. This paper considers the path of prudent landlord navigation among regulators, creditors, insurers, tenants and neighboring landowners regarding leasing commercial premises to the medical marijuana entrepreneur, or “MME” for short. MME's present unique challenges to industrial, warehouse and other commercial project owners due to a complex web of federal, state and local controls over such operations, in addition to private covenants controlling permitted uses in multi-party real estate projects. The hazards of asset forfeiture and environmental liability are discussed in this paper. These ...


Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Robert Glicksman, Catherine O'Neill, Yee Huang, William Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick 2010 Loyola University New Orleans

Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Robert Glicksman, Catherine O'Neill, Yee Huang, William Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies 2010 Golden Gate University School of Law

Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies

Golden Gate University Environmental Law Journal

By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment ...


Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace 2010 Golden Gate University School of Law

Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace

Golden Gate University Environmental Law Journal

The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major ...


Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien 2010 Golden Gate University School of Law

Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien

Golden Gate University Environmental Law Journal

The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction ...


Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein 2010 Golden Gate University School of Law

Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein

Golden Gate University Environmental Law Journal

Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water ...


Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak 2010 Golden Gate University School of Law

Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak

Golden Gate University Environmental Law Journal

This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and ...


The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose 2010 Golden Gate University School of Law

The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose

Golden Gate University Environmental Law Journal

This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability ...


Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin 2010 Golden Gate University School of Law

Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin

Golden Gate University Environmental Law Journal

No abstract provided.


How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock 2010 Golden Gate University School of Law

How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock

Golden Gate University Environmental Law Journal

The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for ...


The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko 2010 University of Georgia School of Law

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create ...


Digital Commons powered by bepress