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Articles 31 - 60 of 75
Full-Text Articles in Law
Negotiating For Social Justice And The Promise Of Community Benefits Agreements: Case Studies Of Current And Developing Agreements, Patricia E. Salkin, Amy Lavine
Negotiating For Social Justice And The Promise Of Community Benefits Agreements: Case Studies Of Current And Developing Agreements, Patricia E. Salkin, Amy Lavine
Scholarly Works
A community benefits agreement (CBA) is a private contract negotiated between a prospective developer and community representatives. In essence, the CBA specifies the benefits that the developer will provide to the community in exchange for the community's support, or quiet acquiescence, of its proposed development. The promise of community support may be especially useful to a developer seeking government subsidies or timely project approvals. The CBA is a relative newcomer to the toolbox of strategies that communities may utilize to ensure that development occurs consistent with the sometimes more narrow goals and desires of neighborhood residents, as opposed to the …
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
Scholarly Works
With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Scholarly Works
This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.
Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin
Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin
Scholarly Works
In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.
New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia E. Salkin
Scholarly Works
No abstract provided.
Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Scholarly Works
The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Scholarly Works
No abstract provided.
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
Scholarly Works
This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.
Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin
Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin
Scholarly Works
This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
Scholarly Works
No abstract provided.
Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin
Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Scholarly Works
No abstract provided.
Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin
Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin
Scholarly Works
Critical to the goal of achieving sustainable development is governments' ability to maintain public information, including maps, charts, statistics, and narrative text, about a wide variety of environmental factors, indicators, resources, and threats in easily understandable formats that are readily accessible to the public. While federal and state freedom of information laws help to ensure a relatively high rate of public access to traditional information, such as environmental impact statements, studies and reports,significant environmental events and resources, and census data, the growing use and reliance on geographic information systems ("GIS") has the potential to move the public discourse to a …
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Scholarly Works
Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin
Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin
Scholarly Works
By 2004, more than half of the United States population resided within fifty miles of the coastline, contributing to the mounting pressures on waterfront development. Local waterfront revitalization plans have great potential to efficiently guide community and coastal development in a coordinated fashion across municipal boundaries. Coordination includes intermunicipal and intergovernmental cooperation and consistency as well as coordination between planning and land use controls within the coastal zone and within the boundaries of coastal communities. Part I of this article examines the history of the Coastal Zone Management Act (CZMA)with a particular examination of the Act's impact on local comprehensive …
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Scholarly Works
No abstract provided.
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Scholarly Works
No abstract provided.
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Scholarly Works
No abstract provided.
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Scholarly Works
No abstract provided.
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Scholarly Works
No abstract provided.
Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin
Beware: What You Say To Your [Government] Lawyer May Be Held Against You - The Erosion Of Government Attorney-Client Confidentiality, Patricia E. Salkin
Scholarly Works
No abstract provided.
Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin
Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin
Scholarly Works
No abstract provided.
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin
Scholarly Works
The article discusses the subject of land use planning and zoning for an aging community.
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
Scholarly Works
No abstract provided.
Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin
Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin
Scholarly Works
No abstract provided.
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
Scholarly Works
No abstract provided.
Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin
Sorting Out New York’S Smart Growth Initiatives: More Proposals And More Recommendations, Patricia E. Salkin
Scholarly Works
No abstract provided.