Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (29)
- University of Colorado Law School (13)
- Seattle University School of Law (11)
- Touro University Jacob D. Fuchsberg Law Center (10)
- University of Maine School of Law (9)
-
- Texas A&M University School of Law (8)
- Pace University (7)
- Georgetown University Law Center (6)
- University of Florida Levin College of Law (6)
- William & Mary Law School (5)
- Chicago-Kent College of Law (4)
- Pepperdine University (4)
- University of Miami Law School (4)
- University of Michigan Law School (4)
- West Virginia University (4)
- Cal Poly Humboldt (3)
- Fordham Law School (3)
- New York Law School (3)
- SelectedWorks (3)
- University of Kentucky (3)
- University of Richmond (3)
- BLR (2)
- Columbia Law School (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Campbell University School of Law (1)
- Cleveland State University (1)
- Publication Year
- Publication
-
- Faculty Scholarship (14)
- Seattle University Law Review (11)
- Articles (8)
- Donald J. Kochan (7)
- Maine Law Review (7)
-
- Scholarly Works (7)
- Patricia E. Salkin (6)
- Timothy M. Mulvaney (6)
- UF Law Faculty Publications (6)
- Elisabeth Haub School of Law Faculty Publications (5)
- Brigham-Kanner Property Rights Journal (4)
- Pepperdine Law Review (4)
- Sara C. Bronin (4)
- Articles & Chapters (3)
- Chicago-Kent Law Review (3)
- Fordham Urban Law Journal (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Law Faculty Scholarly Articles (3)
- Publications (3)
- Susie Van Kirk Papers (3)
- Touro Law Review (3)
- West Virginia Law Review (3)
- All Faculty Scholarship (2)
- Articles by Maurer Faculty (2)
- ExpressO (2)
- Faculty Publications (2)
- Journal Articles (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- U.S. Supreme Court Briefs (2)
- University of Richmond Law Review (2)
- Publication Type
- File Type
Articles 151 - 176 of 176
Full-Text Articles in Law
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
Seattle University Law Review
When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Seattle University Law Review
In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Fordham Urban Law Journal
“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Seattle University Law Review
This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …
Arcata Sports Complex Project, Susie Van Kirk
Arcata Sports Complex Project, Susie Van Kirk
Susie Van Kirk Papers
The City of Arcata is developing a sports complex, including playing fields and structures, on its property lying south and west of 7th and Union Streets. Prior to the commencement of construction, an archaeological investigation was performed to determine the extent and significance of a previously-identified prehistoric site. In addition to artifacts associated with the prehistoric time period, historic artifacts were also encountered. To assist in the evaluation of these artifacts, research of the historic component of the property was undertaken. This report discusses the historic environment and land use, land ownerships, biographical information on some of the families associated …
Jack Shaw Bridge, Susie Van Kirk
Jack Shaw Bridge, Susie Van Kirk
Susie Van Kirk Papers
To adequately assess the historical significance of the Mad River suspension bridge near Mountain View, commonly referred to as the Jack Shaw Bridge, it was necessary to research not only the bridge but the surrounding area as well. Resulting information provides a context or association for understanding the bridge's role in local history.
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Campbell Law Review
This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Fordham Urban Law Journal
This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.
Aesthetic Regulation: A New General Rule, Michael Pace
Aesthetic Regulation: A New General Rule, Michael Pace
West Virginia Law Review
No abstract provided.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
Articles & Chapters
While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …
First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard
First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard
Villanova Law Review
No abstract provided.
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
22 pages.
Contains 2 pages of references.
Antitrust Implications Of Municipal Land Use Planning, Victoria M. Mather
Antitrust Implications Of Municipal Land Use Planning, Victoria M. Mather
Faculty Articles
Congress enacted the Local Government Antitrust Act of 1984 in response to outcomes in many well-publicized cases and from widespread criticism of the state action doctrine as applied by the courts. The state action exemption as used by the courts today is riddled with analytical and practical problems. The Local Government Antitrust Act of 1984 shields municipal governments from monetary damage awards for violations of antitrust laws, but the act did not go far enough.
A few state legislatures have either considered or enacted statutes protecting municipalities from state or federal antitrust liability. However, preemption analysis is problematic because it …
Alford-Nielson House, Susie Van Kirk
Alford-Nielson House, Susie Van Kirk
Susie Van Kirk Papers
Chain of title for original lot on Main Street in downtown Ferndale.
Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman
Exercising Eminent Domain Against Protected Agricultural Lands: Taking A Second Look, Margaret Rosso Grossman
Villanova Law Review
No abstract provided.
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Faculty Scholarship
No abstract provided.
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Washington Law Review
The first part of this comment examines the test of balancing private loss against public gain to establish the conceptual basis for analyzing its proper uses. The test is shown to require that land use regulations serve the general welfare and that the public benefits alone, without consideration of incidental private benefits, be sufficient to justify the burdens placed on private property. Part II presents the essential characteristics of the due process and taking without compensation limitations as they have been construed by the United States Supreme Court and developed by other courts and commentators. It is shown that the …
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Faculty Scholarship
No abstract provided.
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
Law Faculty Scholarly Articles
The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.
Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …
Land Use Controls In Coastal Areas, Richard C. Ausness
Land Use Controls In Coastal Areas, Richard C. Ausness
Law Faculty Scholarly Articles
Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …
Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein
Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein
Vanderbilt Law Review
The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …
Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock
Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Special Treatment Of Cemeteries, David H. Getches
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …