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Articles 1651 - 1680 of 8420
Full-Text Articles in Law
California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V
California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V
Public Land & Resources Law Review
The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger
Journal of the National Association of Administrative Law Judiciary
This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
None.
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Utah Law Faculty Scholarship
This report was prepared by Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law, in her role as Reporter for the Uniform Law Commission's Uniform Conservation Easement Act Study Committee. The report provides an overview of the Uniform Conservation Easement Act (UCEA), which was approved by the Commission in 1981, and examines the provisions in individual state conservation easement enabling statutes that differ from the provisions in the UCEA.
Hey, Neighbor: Homeowners’ Associations, Super-Priority Liens, And The Need For Balanced Rights In Nevada, Rebecca Crooker
Hey, Neighbor: Homeowners’ Associations, Super-Priority Liens, And The Need For Balanced Rights In Nevada, Rebecca Crooker
Nevada Law Journal
No abstract provided.
From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez
From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez
Nevada Law Journal
No abstract provided.
Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen
Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Green Buildings: An Overview Of Progress, Charles J. Kibert
Green Buildings: An Overview Of Progress, Charles J. Kibert
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
Florida State University Journal of Land Use and Environmental Law
This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take …
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice
Florida State University Journal of Land Use and Environmental Law
Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the …
Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle
Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle
Florida State University Journal of Land Use and Environmental Law
Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this …
Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker
Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker
Florida State University Journal of Land Use and Environmental Law
This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary effects …
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …
Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey
Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner
Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel
Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio
Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman
Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Who Owns Cross Creek?, Charles L. Siemon
Who Owns Cross Creek?, Charles L. Siemon
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Comment: Questioning The Florida Rule On Rezoning Single Parcels Of Land By Referendum, Charlotte Ford Hubbard
Comment: Questioning The Florida Rule On Rezoning Single Parcels Of Land By Referendum, Charlotte Ford Hubbard
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Zoning: A Reply To Critics, Bradley C. Karkkainen
Zoning: A Reply To Critics, Bradley C. Karkkainen
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
How The "Property Rights" Movement Threatens Property Values In Florida, David J. Russ Aicp
How The "Property Rights" Movement Threatens Property Values In Florida, David J. Russ Aicp
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Quasi-Judicial Rezonings: A Commentary On The Snyder Decision And The Consistency Requirement, Thomas G. Pelham
Quasi-Judicial Rezonings: A Commentary On The Snyder Decision And The Consistency Requirement, Thomas G. Pelham
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Clinton Wetlands Plan: No Net Gain In Wetlands Protection, Michael C. Blumm
The Clinton Wetlands Plan: No Net Gain In Wetlands Protection, Michael C. Blumm
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Implementing Metropolitan Regional Planning, Richard F. Babock
Implementing Metropolitan Regional Planning, Richard F. Babock
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Exclusionary Zoning Laws: Irrationally-Based Barriers To Normalization Of Mentally Retarded Citizens, Patrick T. Bergin
Exclusionary Zoning Laws: Irrationally-Based Barriers To Normalization Of Mentally Retarded Citizens, Patrick T. Bergin
Florida State University Journal of Land Use and Environmental Law
No abstract provided.