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Land Use And The Climate Bubble: The Due Diligence Defense, John R. Nolon 2014 Pace University

Land Use And The Climate Bubble: The Due Diligence Defense, John R. Nolon

Pace Law Faculty Publications

This article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. The article merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high ...


"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler 2014 SelectedWorks

"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler

David D. Butler

Much of what any given generation thinks of as "natural," is, in fact, the result of a prevoious generation's civil engineering projects. Medieval French peasants used to say that mythical giants built the Roman acquiducts of Southern France, because the notion that mere humans could have constructed such systems was simply beyond their post Black-Death conception.


Suburban Sprawl: Weaker But Still Alive, Michael Lewyn 2014 Touro College Jacob D. Fuchsberg Law Center

Suburban Sprawl: Weaker But Still Alive, Michael Lewyn

Michael E Lewyn

Review of The End of the Suburbs, by Leigh Gallagher.


Redevelopment In California: The Demise Of Tif-Funded Redevelopment In California And Its Aftermath, George Lefcoe, Charles W. Swenson 2014 BLR

Redevelopment In California: The Demise Of Tif-Funded Redevelopment In California And Its Aftermath, George Lefcoe, Charles W. Swenson

University of Southern California Legal Studies Working Paper Series

California was the first state to embrace the use of tax increment financing (TIF) for redevelopment, and the first state to abandon it. Both the rise and fall of redevelopment are attributable to the fact that cities and counties sponsoring redevelopment could pledge not just their own share of the property tax increments from redevelopment project areas but also those of the other taxing entities including schools and special districts.

By voter initiative in 1978, California enacted significant limitations on the property tax, cutting property tax revenues by half. The property tax had been the most important revenue source for ...


The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong 2014 Touro College Jacob D. Fuchsberg Law Center

The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong

Touro Law Review

No abstract provided.


The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. DiCanni 2014 Touro College Jacob D. Fuchsberg Law Center

The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni

Touro Law Review

This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV ...


The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power 2014 Touro College Jacob D. Fuchsberg Law Center

The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power

Touro Law Review

No abstract provided.


A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman 2014 Touro College Jacob D. Fuchsberg Law Center

A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman

Touro Law Review

No abstract provided.


Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster 2014 Touro College Jacob D. Fuchsberg Law Center

Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster

Touro Law Review

No abstract provided.


The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak 2014 Touro College Jacob D. Fuchsberg Law Center

The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak

Touro Law Review

No abstract provided.


The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown 2014 Touro College Jacob D. Fuchsberg Law Center

The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown

Touro Law Review

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, specifically focusing on the Lucas nuisance exception. The author surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. The author further identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts’ findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.


The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer 2014 Touro College Jacob D. Fuchsberg Law Center

The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer

Touro Law Review

This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation ...


The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger 2014 Touro College Jacob D. Fuchsberg Law Center

The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger

Touro Law Review

No abstract provided.


The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein 2014 Touro College Jacob D. Fuchsberg Law Center

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.


Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud 2014 Touro College Jacob D. Fuchsberg Law Center

Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud

Touro Law Review

No abstract provided.


Fred Bosselman And The Taking Issue, David L. Callies 2014 Touro College Jacob D. Fuchsberg Law Center

Fred Bosselman And The Taking Issue, David L. Callies

Touro Law Review

No abstract provided.


Still An Issue: The Taking Issue At 40, Patricia E. Salkin 2014 Touro College Jacob D. Fuchsberg Law Center

Still An Issue: The Taking Issue At 40, Patricia E. Salkin

Touro Law Review

No abstract provided.


Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power 2014 University of Maryland Francis King Carey School of Law

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property ...


Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde 2014 Touro College Jacob D. Fuchsberg Law Center

Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde

Touro Law Review

No abstract provided.


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein 2014 Pepperdine University

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and ...


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