Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 18 of 18
Full-Text Articles in Law
Slicing (And Transferring) Development, John Infranca
Slicing (And Transferring) Development, John Infranca
Suffolk University Law School Faculty Works
This symposium essay applies insights from Professor Lee Fennell’s Slices and Lumps: Division and Aggregation in Law and Life to two distinct issues in zoning and land use regulation. The first is the use of transferable development rights (TDRs). TDRs provide an ideal vehicle for considering the interaction of slices and lumps, the advantages (and disadvantages) of both slicing and aggregating entitlements, and the relationship between what might be termed naturally occurring lumps and the artificial lumps created by law. The conceptual framework developed in Slices and Lumps also sheds light on recent high-profile zoning reforms and the potential for …
Land Tenure And Sustainable Agriculture, Jesse Richardson
Land Tenure And Sustainable Agriculture, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani
Articles
The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …
Inclusionary Housing On A Global Basis, James J. Kelly Jr.
Inclusionary Housing On A Global Basis, James J. Kelly Jr.
Journal Articles
This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …
Does The Compensation Clause Burden The Government Or Benefit The Owner? The Compensation Clause As Process, Joshua Galperin
Does The Compensation Clause Burden The Government Or Benefit The Owner? The Compensation Clause As Process, Joshua Galperin
Articles
One of many ideas indelibly drawn in the legal vernacular is that “if a regulation goes too far it will be recognized as a taking.” This workhorse of a phrase has shouldered the bulk of the regulatory takings doctrine since the first half of the last century. So much ink has been spilled in an attempt to parse the meaning of “too far,” and yet the academic and judicial communities have made little progress towards a better understanding. This article, therefore, seeks to divert some attention away from the meaning of “taking”, and put a little more focus on the …
The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko
The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko
Land Use Clinic
The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.
Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.
Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.
Part IV explores aspects of greenway project development, including the need to create …
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
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 nuisance doctrine. As this Article …
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Law Faculty Scholarship
In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …
The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg
The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan
Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan
Faculty Publications
No abstract provided.
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
Faculty Publications
No abstract provided.
Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence?, Danaya C. Wright
Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence?, Danaya C. Wright
UF Law Faculty Publications
This article attempts to locate the legal aspects of recreational trail development within the increasingly powerful property rights movement. The most complex result of this rising property rights rhetoric is a clear shift in constitutional takings doctrine to be more sympathetic to landowners' arguments. Thus, the interplay of takings decisions and trails development will be the focus of most of this article.
Part II provides a brief account of the legal structure of governmental land use controls and the current state of takings jurisprudence to form a basic background for the different ways in which recreational trails have been developed. …
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
Faculty Publications
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Faculty Publications
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Faculty Publications
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Faculty Publications
No abstract provided.
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Faculty Publications
No abstract provided.