Law Commons^™

Balance In The Basin, Casey Lee Mcclellan

BYU Law Review

The National Environmental Policy Act (NEPA) changed the way land managers and users interact with public lands. However, its stringent requirements are not responsive to today’s environmental and economic realities. For the future of sustainable mineral extraction, there must be a better way. Adaptive management, a more flexible planning process, should be used on public lands to ensure greater leeway for operators, environmentalists, and local economies. By analyzing rural northeastern Utah’s Uinta Basin’s history and existing public land use plans, this Note applies adaptive management to the area to show how thinking outside the box can solve seemingly unsolvable problems.

Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole

Brigham Young University Journal of Public Law

No abstract provided.

Public Lands In Public Hands: Analysis Of The Underpinnings Of Utah’S Public Trust Doctrine, Brittany Bunker Thorley

BYU Law Review

Utah Lake, the largest freshwater lake in the third driest state, is a vital, yet underappreciated natural resource. In 2018, the Utah State Legislature passed the Utah Lake Restoration Act in an attempt to restore and enhance the lake’s ecological and recreational value. Yet the new law has been met with strong public resistance because it leaves the lake vulnerable to exploitation and further ecological degradation, a concern made real by a proposed development plan that would build a city of islands on top of the lake. Community members cite specific concerns about threats to native species, disruption of water …

Comprehensive Rezonings, Sara C. Bronin

BYU Law Review

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning can …

Even Marijuana Needs A Zone: Utah’S H.B. 3001 As The Next Battleground For Zoning Ordinances And State Medical Marijuana Laws, Kyle A. Harvey

Brigham Young University Journal of Public Law

No abstract provided.

When Conditions Go Bad: An Examination Of The Problems Inherent In The Conditional Use Permitting System, Jacob Green

BYU Law Review

No abstract provided.

Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan

BYU Law Review

Recent legislation passed in March 2012 in the State of Utah—the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”)—has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah claims that the …

Reliance In Land Use Law, Kenneth A. Stahl

BYU Law Review

For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …

Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson

BYU Law Review

Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …

Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen

Brigham Young University Journal of Public Law

No abstract provided.

Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr

BYU Law Review

No abstract provided.

Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker

BYU Law Review

No abstract provided.

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen

Brigham Young University International Law & Management Review

No abstract provided.

Utah Leads The Way In Regulating Land Use Exactions Through Statute But Still Has Room To Improve, Andrea B. Pace

Brigham Young University Journal of Public Law

No abstract provided.

Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband

Faculty Scholarship

No abstract provided.

Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall

BYU Law Review

No abstract provided.

Buying Back The West, James R. Rasband

Faculty Scholarship

No abstract provided.

The Recapture Of Public Value On The Termination Of The Use Of Commercial Land Under Takings Jurisprudence And Economic Analysis, Donald C. Guy, James E. Holloway

Brigham Young University Journal of Public Law

No abstract provided.

The Rise Of Urban Archipelagoes In The American West: A New Reservation Policy?, James R. Rasband

Faculty Scholarship

No abstract provided.

Public Lands Council 9. Babbitt: Herding Ranchers Off Public Land?, Julie Andersen

BYU Law Review

No abstract provided.

Utah's Grand Staircase: The Right Path To Wilderness Preservation?, James R. Rasband

Faculty Scholarship

No abstract provided.

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

BYU Law Review

No abstract provided.

Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee

BYU Law Review

No abstract provided.

The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband

Faculty Scholarship

No abstract provided.

Utah Zoning Law And Proposals For Legislative Change, Richard S. Dalebout

Brigham Young University Journal of Public Law

No abstract provided.

Garfield County V. Whi, Inc.: Omen Of Change For Public Land Access Policy, Laramie D. Merritt

Brigham Young University Journal of Public Law

No abstract provided.

Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson

Brigham Young University Journal of Public Law

No abstract provided.

Private Land Use, Changing Public Values, And Notions Of Relativity, Lynda L. Butler

BYU Law Review

No abstract provided.

Utah's School Trust Lands: A Century Of Unrealized Expectations, Matthew J. Harmer

Brigham Young University Journal of Public Law

No abstract provided.

The Underground Conflict: Should Caves Be Designated As Wilderness?, Lorenzo Miller

Brigham Young University Journal of Public Law

No abstract provided.