Land Use Law Commons^™

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements?, Jessica Owley, Collin Doane

Jessica Owley

No abstract provided.

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land & Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.

Barren River Lake - Relating To (Sc 3166), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 3166. Transcript of trial proceedings in United States of America v. 2,635.04 Acres of Land, Etc. (Tracts 125, 127, 130, 131 – Franklin Berry and Ruby Berry), a case heard in U.S. District Court, Western District of Kentucky at Bowling Green on 16 October 1962. At issue was the compensation to be awarded to Franklin and Ruby Berry for the taking of lands in Allen County, Kentucky, by the U.S. Government in connection with the construction of Barren River Reservoir No. 2, also known as the Port …

The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok

Research Collection College of Integrative Studies

This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …

U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan

Law Faculty Scholarship

No abstract provided.

Response To Professor Rosenbloom: Fifty Shades Of Gray Infrastructure: Land Use And The Failure To Create Reslient Cities, 93 Wash. L. Rev. 317 (2018), Roberta F. Mann

Washington Law Review Online

This piece is a response to Jonathan Rosenbloom, Fifty Shades of Gray Infrastructure: Land Use and The Failure to Create Resilient Cities, 93 Wash. L. Rev. 317 (2018).

Disclaiming Property, Michael Pappas

Faculty Scholarship

Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.

Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural …

Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2

University of Baltimore Journal of Land and Development

No abstract provided.

Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee

University of Baltimore Journal of Land and Development

No abstract provided.

How Will Technology Change Cities?, Klaus Philipsen

University of Baltimore Journal of Land and Development

No abstract provided.

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated …

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 …

An Independent Review Of Forest Practices In Nova Scotia: Executive Summary Conclusions And Recommendations, William Lahey Prof.

Reports & Public Policy Documents

My mandate was to make recommendations on forest practices that would, if implemented, balance environmental, social, and economic objectives, which I have interpreted to include values. My conclusion is that environmental, social, and economic values should be balanced by using forest practices that give priority to protecting and enhancing ecosystems and biodiversity.

In other words, I have concluded that protecting ecosystems and biodiversity should not be balanced against other objectives and values as if they were of equal weight or importance to those other objectives or values. Instead, protecting and enhancing ecosystems should be the objective (the outcome) of how …

The Semicommons And Wisconsin Water Quality, David A. Strifling

Marquette Intellectual Property Law Review

From the Great Lakes to pristine northern streams, Wisconsin boasts a plentiful and valuable array of water resources. Yet water stress analyses show that this natural capital is deeply threatened in a variety of ways. The pressure results primarily from human activity, ranging from general overuse to colonization by anthropogenically introduced non-native species. Some of the greatest water quality problems, however, are caused by land use practices that lead to polluted runoff from farm fields and urban settings. The onset of climate change has the potential to further exacerbate all of this. These issues, coupled with the failure of existing …

No Common Ground: Competing Worldviews At Mato Tipila, Wendy Anne Felese

Electronic Theses and Dissertations

This project analyzes a legal conflict (Bear Lodge Multiple Use Assn v Babbitt 2 F. Supp. 2d 1448) at Mato Tipila, a significant place for the Lakota (Sioux) community and with which they have a historical and longstanding relationship. Commercial and recreational rock-climbing enthusiasts who make use of it and the tourists who arrive in droves each year to visit, call this place Devils Tower. The case centered on whether the government violated the Establishment Clause of the First Amendment by instituting a climbing ban during the month of June to accommodate Lakota ceremonial obligations. In recent historical developments, the …

The Green Economy: Strategic Planning For A Future?, Irma S. Russell

Faculty Works

While the green economy is uniquely dependent on imagination, it is not imaginary. While it needs ideas to grow, it is not necessarily ideological. The term “green economy” brings to mind for many people wind turbines and solar energy installations, and, perhaps, organic produce and free-range chickens as well. All these usages convey the sense of “sustainability.” The use of the term “green” -- long associated with growth and life -- is in keeping with the term “sustainability” as articulated in the 1987 United Nation Brundtland Report, entitled Our Common Future. The report defines the term “sustainability” as “meeting the …

To Apply Or Not To Apply? That Is The Question Of Intergovernmental Zoning, Jillian M. Nobis

Roger Williams University Law Review

No abstract provided.