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Environmental Law

University of Montana

Journal

Land use

Articles 1 - 4 of 4

Full-Text Articles in Law

Knick V. Township Of Scott, Alizabeth A. Bronsdon Oct 2019

Knick V. Township Of Scott, Alizabeth A. Bronsdon

Public Land & Resources Law Review

The Supreme Court overruled a 34-year-old precedent and sparked a sharp dissent by holding that a landowner impacted by a local ordinance requiring public access to an unofficial cemetery on her property could bring a takings claim directly in federal court. The decision eliminated a Catch-22 state-litigation requirement that effectively barred local takings plaintiffs from federal court, but raised concerns about government land use and regulation, judicial federalism, and the role of stare decisis.


Whatcom County V. Hirst, Et Al, Stephanie A. George Sep 2017

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.


To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins Jul 2015

To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins

Montana Law Review

No abstract provided.


Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet The Call For Federal Lands Transfers, Michelle Bryan Feb 2015

Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet The Call For Federal Lands Transfers, Michelle Bryan

Montana Law Review

No abstract provided.