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Full-Text Articles in Law
Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher
Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).
Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon
Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use and real estate attorneys may find their practice areas impacted by recently passed lobbying legislation in both New York state, and New York City that require burdensome requirements for lawyers whose clients are seeking legislative action. This article explores the history of New York lobbying legislation, recent amendments to the lobbying laws, and the impact that lobbying legislation has on the practice of law. Notably, this review explores Article 1-A of the Legislative Law (known as the “Lobbying Act”) and the Public Employee Ethics Reform Act, both of which expanded the definition of lobbying, and significantly changed the …
Clustered Zoning Approaches Reduce Congestion, John R. Nolon
Clustered Zoning Approaches Reduce Congestion, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The effect of local zoning on our lives usually goes unnoticed despite its profound influence on human behavior. Zoning controls where we live and work, how we get from point A to point B, and what sort of homes we live in. This article provides examples of successful transit-oriented development projects at the local level as well as how state and federal government can contribute to the clustering effort via financing and research programs as well as providing appropriate infrastructure.
Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher
Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Urban dwellers emit less greenhouse gases per capita than their suburban or rural counterparts because urban environments are conducive to less automobile travel and require less energy to heat or cool their smaller urban living quarters. This article addresses the need for a more comprehensive transit oriented land use paradigm by taking the reader through a step-by-step approach to accomplishing this goal. The suggested model exemplifies the complexity of amending community planning and the importance of incorporating several different groups of people into the planning process. These groups include municipal, state, and federal governments, research groups, developers, and regional transportation …
Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher
Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Through the use of transit oriented development (TOD) several New York municipalities have transformed into more sustainable communities by reducing greenhouse gas emissions. Contrary to popular belief, these municipalities proved that reduction of emissions is possible while still expanding economic growth. This article highlights several success stories in a variety of community landscapes beginning with a look at urban redevelopment in Yonkers, White Plains, and New Rochelle, New York, and then transitions to suburban success stories in Orangetown, and several municipalities along the Bear Mountain Parkway.
Didden V. Port Chester: Placing Eminent Domain Debate In Proper Perspective, John R. Nolon, Jessica A. Bacher
Didden V. Port Chester: Placing Eminent Domain Debate In Proper Perspective, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Controversy often arises when landowners in blighted areas resist government driven urban-renewal condemnation of their property. Often, these urban-renewal areas, the scope of which is determined after extensive study, are condemned and transferred to a private developer who has an overall plan for the entire designated area. This article discusses the issues that arise when private property interests are overridden by public interests and how urban renewal will help revitalize the economies of troubled inner-city regions.