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Full-Text Articles in Law
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.
Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon
Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes how the American land use system has evolved to address recent environmental and economic development problems. It begins by tracing the history of the legal system used in the United States to control private sector land development and demonstrates how it achieved the flexibility needed to respond to modern challenges. The American land use system has paid a price for this flexibility: it is not a coherent whole, but rather a fragmented mosaic of legal influences. Impressive examples of cohesion are cited that suggest a strategic approach to reforming the system so that it can become an …
Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon
Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …