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Full-Text Articles in Law
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.
Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher
Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The general doctrine of vested rights protects developers from changes in zoning after they have received a valid building permit. This article explains the two varieties of vested rights laws New York: statutory, and common law. Also discussed, is a new proposal for vested rights legislation that would increase protection for developers over the existing laws. The article closes by citing of some of the concerns with vested rights such as the single integrated project theory, losing vested rights by abandonment, and the equitable estoppel rule.
Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher
Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Wind power presents an opportunity to harness a sustainable renewable energy source without the use of fossil fuels, which creates a great opportunity to mitigate climate change. However, the large turbines necessary to harness wind energy present several land use issues. This article, in addition to giving an introduction into the benefits of wind power, discusses several of these issues including comprehensive planning, moratoriums on development, and various options and land use tools local governments may use to legally implement wind power within their jurisdictions.
The Future Of Our Land: Presidential Leadership, John R. Nolon
The Future Of Our Land: Presidential Leadership, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Open letter to the President.
Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher
Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
How the land is developed to accommodate the next 100 million people in the U.S. is of critical importance. Future land use patterns and human settlements will determine how cost effective, equitable, and environmentally friendly the country will be in the twenty-first century. The big picture here focuses on metropolitan area settlement patterns. How do cities become more livable, attract back the affluent households they have lost, and develop the tax base they need to support their diverse populations and the cultural, civic, educational, and governmental services they provide their regions? How do older suburbs protect and enhance their aging …
Breaking Ground: Planning And Building In Priority Growth Districts, John R. Nolon, Jessica A. Bacher
Breaking Ground: Planning And Building In Priority Growth Districts, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is now understood that compact, mixed use development prevents the ill effects of sprawl and can mitigate climate change significantly. There is an innovative land use technique that can be used by communities to manage and define future growth in a way that provides for such developments and creates more livable places, places that are environmentally, socially, and fiscally sound. Specifically, a community may create Priority Growth Districts, or PGDs, and thereby direct development to selected locations and also specify design standards that meet the needs of the community's current and future residents.