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- Real Property and Land Use Law (8)
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Articles 1 - 10 of 10
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 …
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.
Current Events: Reflections On Solar Power Generators' Leasing Of Vacant Tracts, Michael N. Widener
Current Events: Reflections On Solar Power Generators' Leasing Of Vacant Tracts, Michael N. Widener
Michael N. Widener
This paper is the first to be written for publication in an American law journal addressing the ground leasing dimensions inherent in solar power generation facilities’ development. Far from being a leasing manual, the paper describes in some detail the processes of preliminary investigation, venture formation, development and financing of a solar generation plant, enabling the reader to appreciate those issues underlying the negotiation and documentation of a leasehold conveyance. A form of lease appears as an Appendix to the article, which fleshes out provisions that encapsulate the respective vital interests of the parties to the lease transaction as well …
Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener
Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener
Michael N. Widener
The potential advantages (cash flow) to medical marijuana businesses and their landlords are apparent – yet superficially. This paper considers the path of prudent landlord navigation among regulators, creditors, insurers, tenants and neighboring landowners regarding leasing commercial premises to the medical marijuana entrepreneur, or “MME” for short. MME's present unique challenges to industrial, warehouse and other commercial project owners due to a complex web of federal, state and local controls over such operations, in addition to private covenants controlling permitted uses in multi-party real estate projects. The hazards of asset forfeiture and environmental liability are discussed in this paper. These …
Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener
Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener
Michael N. Widener
This article arises from the residential lending mess on the American middle class (however defined today), proposing a few innovative, forward-looking solutions for Americans whose credit has been ruined or whose largest (and frequently illiquid) economic asset cannot be sold or leased to offset their households’ obligations. The purpose of my essay is to invite conversations among civic leaders from the government, design, lending and residential development sectors, and academic opinion-makers, on how to stem the current foreclosure tide and restore confidence in owner-occupied housing markets, overcoming public anxieties about whether future economic downturns will bury those dwellers anew.
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener
Michael N. Widener
No abstract provided.
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Michael N. Widener
Animal activists and animal enterprise managers share little common ground debating science and values. Activists are frustrated with the pace of improvements in animal welfare. Enterprise managers tire of activists’ increasingly threatening, urban-guerilla tactics. Meanwhile, legislation is ineffective to bring meaningful improvements to animal treatment or to stop activist civil disobedience-driven acts of property damage and public vilification of perceived animal “enemies.” Lawsuits filed to sanction a camp’s behavior tax patience and resources on both sides. Violence against persons appears imminent between the factions. This essay advocates implementing collective bargaining processes along certain animal enterprise sector lines to engage enterprise …