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- Real Property and Land Use Law (4)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener
Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener
Michael N. Widener
This paper deals with how local governments should address the impact on neighborhood dwellers and zoning district regulatory schemes of an influx of myriad varieties of new sharing-economy entrepreneurs.
Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener
Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener
Michael N. Widener
Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …
Curbside Service: Community Land Use Catalysts To Neighborhood Flowering During Transit Installations, Michael N. Widener
Curbside Service: Community Land Use Catalysts To Neighborhood Flowering During Transit Installations, Michael N. Widener
Michael N. Widener
This article begins with this simple proposition: An infill transit construction project’s work destroys businesses in its right-of-way, pavement-chewing path. Transit construction’s collateral damage dislocates neighborhoods and unravels the social fabric of a community as locally established business operations fail. This article explains how cities with transit projects currently attempt solutions to the problem like rendering “marketing and social networking” advice and founding “business alliances” – and why cities fall short of their goal to stave off merchant failures. It next explains why merchant claims against cities asserting nuisance or regulatory takings are doomed to failure – and how cities …
Moderating Citizen "Visioning" In Town Comprehensive Planning: Deliberative Dialog Processes, Michael N. Widener
Moderating Citizen "Visioning" In Town Comprehensive Planning: Deliberative Dialog Processes, Michael N. Widener
Michael N. Widener
This paper describes one method of mediated collective bargaining addressing opposing stakeholder views in a Comprehensive Land Use Plan amendment processes where stakeholders provide inputs on behalf of a diverse stakeholders’ community. The moderation process described here involves the City of Scottsdale, Arizona, currently engaged in developing its 2014 Plan extending the city’s planning vision through 2045.
Chasing The Atticus Code: Preserving Adjudication Integrity In Local Administrative Hearings, Michael N. Widener
Chasing The Atticus Code: Preserving Adjudication Integrity In Local Administrative Hearings, Michael N. Widener
Michael N. Widener
There are thousands of local governments in America, with estimates ranging to upwards of 90,000 such jurisdictions. Substantial numbers of attorneys act as hearing officers in those communities in a variety of roles. Some are independent contractors; others volunteer their services. Irrespective of compensation, I argue in this essay that, in a “non-counselor” role, Atticus is essentially ungoverned by codes of attorney professional conduct. Thus, potential for mischief abides, a circumstance worsened by the failure of many communities to impose standards of ethical behavior on these contractors or volunteers. I argue that in many instances the lone governing ethic affecting …