Law Commons^™

Land Use And Zoning Law, Andrew E. Tarne

Law Student Publications

Since the early days of nuisance law, but especially since the early twentieth century and the validation of zoning ordinances, land use planning and management have been fundamental roles of local government. As evinced by its state code, the Commonwealth of Virginia recognizes the essential role that localities play in land use planning. The Virginia Code requires that localities create planning commissions, adopt comprehensive plans, and, if the localities have adopted zoning ordinances, establish boards of zoning appeals. As most of the implementation of these mandates is left to individual localities, the form of implementation is not uniform but naturally …

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Law Faculty Scholarly Articles

Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …