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Full-Text Articles in Law
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
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The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
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Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Touro Law Review
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
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Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen
Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen
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New York State’s lawmakers passed 2,603 bills over the course of the 2013-14 session, 658 of which passed both houses. Although counties and local governments are likely focusing their attention on budget-related items such as the property tax freeze/rebate program, local governments — and zoning and planning officials and practitioners in particular — should also take note of the newly enacted Community Risk and Resiliency Act (CRRA).
Recent Developments In Land Use Ethics, Patricia E. Salkin
Recent Developments In Land Use Ethics, Patricia E. Salkin
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Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
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Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
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Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Land Use Regulation: It Just Gets Worse, Michael Lewyn
Land Use Regulation: It Just Gets Worse, Michael Lewyn
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Some commentators treat suburban sprawl (by which I mean automobile-dependent land development) as the result of the free market at work. This article reviews City Rules, by urban planning professor Emily Talen. In this book, Talen shows not only how zoning and similar land use regulations generate automobile-dependent suburban sprawl, but also how these regulations have become stricter, more pro-sprawl, and more complex over time. Talen proposes to reform these regulations through municipal codes that promote more walkable, less automobile-dependent development.
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
Scholarly Works
This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Scholarly Works
This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Scholarly Works
There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.
Part I of this article explores the impacts on community development caused by the many …
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
Scholarly Works
Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …
Law Of The Land – Year In Review, Patricia E. Salkin
Law Of The Land – Year In Review, Patricia E. Salkin
Scholarly Works
This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
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This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Scholarly Works
This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.
Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin
Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Scholarly Works
No abstract provided.
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Scholarly Works
No abstract provided.
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Scholarly Works
No abstract provided.
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Scholarly Works
The article discusses the subject of land use planning and zoning for an aging community.
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
Scholarly Works
No abstract provided.
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
Scholarly Works
No abstract provided.
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Scholarly Works
No abstract provided.
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
Scholarly Works
No abstract provided.
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Scholarly Works
No abstract provided.