Law Commons^™

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.

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Joseph L. Cooley, John Chadwick Torri, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law that were handed down by Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases surveyed fall primarily within five categories: (1) condemnation, (2) nuisance and trespass, (3) easements and restrictive covenants, (4) zoning, and (5) miscellaneous.

The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein

Boston College Law Review

Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council—the modern U.S. Supreme Court's seminal regulatory takings decision—this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own—forming what this Article calls the new nuisance doctrine. As this Article explains, nuisance …

Measure 37'S Federal Law Exception: A Critical Protection For Oregon's Federally Approved Land Use Laws, Rebecca L. Puskas

Boston College Law Review

Ballot Measure 37, a property rights initiative passed by Oregon voters in November 2004, requires Oregon's state and local governments to compensate landowners for any reduction in the value of real property due to land use regulation or else to waive the offending regulations. This Note addresses the scope of an important exception to Measure 37: the law does not apply "to the extent that the land use regulation is required to comply with federal law." The ambit of this exception is questionable because many federal environmental laws, some with significant land use implications, involve a partnership approach called cooperative …

The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein

UF Law Faculty Publications

Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council -- the modern U.S. Supreme Court's seminal regulatory takings decision -- this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own -- forming what this Article calls the new …

Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use and real estate attorneys may find their practice areas impacted by recently passed lobbying legislation in both New York state, and New York City that require burdensome requirements for lawyers whose clients are seeking legislative action. This article explores the history of New York lobbying legislation, recent amendments to the lobbying laws, and the impact that lobbying legislation has on the practice of law. Notably, this review explores Article 1-A of the Legislative Law (known as the “Lobbying Act”) and the Public Employee Ethics Reform Act, both of which expanded the definition of lobbying, and significantly changed the …

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment of their …

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim

Natural Resources Journal

No abstract provided.

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.

United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles

Natural Resources Journal

No abstract provided.

H.R. 3355, The Homeowners Defense Act Of 2007: Hearing Before The Subcomm. On Housing And Community Opportunity And The Subcomm. On Capital Markets Of The H. Comm. On Financial Services, 110th Cong., Sept. 6, 2007 (Statement Of John D. Echeverria, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

The Taking Of America?, Stefanie Sovak

Pace Law Review

No abstract provided.

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R. Nolon calls for cooperative federalism and a clarification of agency roles as a remedy for this complexity. Through case …

Zoning, Transportation, And Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …

Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt

Rutgers Law School (Newark) Faculty Papers

The worst national disaster in United States history also showcased the dire consequences of localism as the cultural and legal successor to de jure segregation. Long before Hurricanes Katrina and Rita devastated the Gulf Coast, New Orleans’ status as an exceptional city had been lost to Americanizing trends. Its resistance to the conventional racial binary was overcome after Reconstruction; its unique densities and accommodation of the physical landscape were transformed into sprawling divisions by technology and suburbanization. From the Brown decision forward, New Orleans and the metropolitan area around it developed much like the rest of the nation. Localist tendencies …

City Of Jefferson Curry Creek Water Supply Watershed: Estimate Of Existing And Projected Impervious Cover And Assessment Of Watershed Protection Provisions, Jamie Baker Roskie, Seth Wenger

Land Use Clinic

The Land Use Clinic, in conjunction with the River Basin Center, helped the City of Jefferson to protect its drinking water supply. The Land Use Clinic wrote municipal legislation to reduce impervious cover (roads, parking lots, buildings and sidewalks) and minimize runoff, which diminishes water quality by filling streams with pollutants and increasing sedimentation, increases the need for expensive water treatment and impacts aquatic habitat.

Testimony Of Melvin Burke Professor Of Economics University Of Maine, Orono, Maine, Regarding Zp 707 Plum Creek Petition For Rezoning Moosehead Region, Melvin Burke

School of Economics Faculty Scholarship

Plum Creek’s “Concept Plan” is a petition requesting LURC to rezone approximately 426,000 acres in the Moosehead Lake area. According to LURC’s fact sheet, a concept plan is a landowner-created, long-range plan of the “landowner’s intent”, a flexible alternative to traditional subdivision and development plans. It is not a business plan, a project plan, or a concrete real estate development plan. Webster’s unabridged dictionary defines “concept” as a “thought”, “an idea,” a “notion”, which is precisely what Plum Creek’s concept plan is--a thought, an idea, a scheme (plan) for making, arranging or doing something, having in mind a purpose.

Clustered Zoning Approaches Reduce Congestion, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The effect of local zoning on our lives usually goes unnoticed despite its profound influence on human behavior. Zoning controls where we live and work, how we get from point A to point B, and what sort of homes we live in. This article provides examples of successful transit-oriented development projects at the local level as well as how state and federal government can contribute to the clustering effort via financing and research programs as well as providing appropriate infrastructure.

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

Washington Law Review

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.

Ain't Nothing Like The Real Thing: Enforcing Land Use Restrictions On Land And Water Conservation Fund Parks, Michael J. Gelardi

Washington Law Review

Congress created the Land and Water Conservation Fund (LWCF) in 1965 to provide resources for states and federal agencies to acquire and develop land for public outdoor recreation. Over the past forty years, the LWCF has quietly become one of the most successful conservation programs in United States history. The federal government and states have used the LWCF to preserve unique landscapes for their natural beauty, scientific value, and wildlife habitat, as well as to encourage traditional recreational pursuits. The LWCF Act prohibits the conversion of LWCF-funded state and local parks to uses other than public outdoor recreation unless approved …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman

Land Use Clinic

A development impact fee is defined as “payment of money imposed upon development as a condition to development approval to pay for a proportionate share of the cost of system improvements needed to serve growth and development.” Development impact fees are a relatively new idea in Georgia, but have been used in other jurisdictions for years. This paper analyzes the development of the Georgia Development Impact Fee Law. It also tracks use of impact fees in Georgia and makes recommendations for jurisdictions considering adopting impact fees.

Access To Parkland: Environmental Justice At East Bay Parks, A Report By Golden Gate University School Of Law, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Urban dwellers emit less greenhouse gases per capita than their suburban or rural counterparts because urban environments are conducive to less automobile travel and require less energy to heat or cool their smaller urban living quarters. This article addresses the need for a more comprehensive transit oriented land use paradigm by taking the reader through a step-by-step approach to accomplishing this goal. The suggested model exemplifies the complexity of amending community planning and the importance of incorporating several different groups of people into the planning process. These groups include municipal, state, and federal governments, research groups, developers, and regional transportation …

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides