Law Commons^™

Insuring Takings Claims, Christopher Serkin

Northwestern University Law Review

Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable …

Legislative Exactions And Progressive Property, Timothy M. Mulvaney

Faculty Scholarship

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Ii), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The idea that local land use law can intelligently shape settlement patterns was not a familiar concept in the late 1960s when the Town of Ramapo, New York adopted an ordinance that delayed development permits until the Town could provide needed infrastructure. Ramapo was experiencing unprecedented growth as one of the closest northern suburbs of New York City. Developers, who in some cases had to wait years for services to their land, sued; they argued that these phased development controls were intended to prohibit subdivisions and restrict population growth, which is not authorized under the state’s zoning enabling legislation.

New …

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part I), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

2016 is the 100th anniversary of the adoption of the first citywide comprehensive zoning law. Its original purpose was to create districts that separated incompatible land uses and building types in order to protect property values and promote the health, safety, and welfare of the community. 100 years later, zoning is used to achieve an impressive number of public objectives such as permitting transit oriented development, creating green infrastructure, preserving habitat, species, and wetlands, promoting renewable energy facilities, reducing vehicle miles traveled, and preserving the sequestering landscape.

Rlupia And The Limits Of Religious Institutionalism, Zachary A. Bray

Zachary Bray

What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …

The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray

Zachary Bray

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray

Zachary Bray

Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

1928, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1930, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1934, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1940, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1946, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1948, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1933-1935, San Luis Obispo Crop Report Comparison.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1937, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1938, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1942, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1929, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1931, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1933, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1936, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1947, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1950, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1932, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

1949, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.

2009, San Luis Obispo Crop Report.

San Luis Obispo Crop Reports

Annual report pertaining to agriculture in San Luis Obispo County, California.