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Full-Text Articles in Law

Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall Oct 2014

Florida's Downtowns: The Key To Smart Growth, Urban Revitalization, And Green Space Preservation, John T. Marshall

John Travis Marshall

This article reviews Florida's growth management system, which has spurred suburban development, and its negative impact on Florida's cities. As Florida's governor and legislature have turned their focus to this issue, this article evaluates policy recommendations to limit Florida's suburban sprawl and invigorate its urban centers.


The Durability Of Private Claims To Public Property, Bruce R. Huber Jun 2014

The Durability Of Private Claims To Public Property, Bruce R. Huber

Bruce R Huber

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …


The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein Jun 2014

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.


Fred Bosselman And The Taking Issue, David L. Callies Jun 2014

Fred Bosselman And The Taking Issue, David L. Callies

Touro Law Review

No abstract provided.


Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde May 2014

Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde

Touro Law Review

No abstract provided.


Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin Jan 2014

Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin

Benton C. Martin

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to …


The Durability Of Private Claims To Public Property, Bruce R. Huber Jan 2014

The Durability Of Private Claims To Public Property, Bruce R. Huber

Journal Articles

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …


Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam Dec 2013

Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam

Sara C. Bronin

Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.