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Articles 1 - 21 of 21

Full-Text Articles in Law

Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz Apr 2023

Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz

Pepperdine Law Review

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …


Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr Apr 2023

Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr

Pepperdine Law Review

There is perhaps no area of land use law where practice departs more from legal doctrine than the realm of zoning variances. According to the legal doctrine, variances are to be granted sparingly, providing a “safety valve” that alleviates unique hardships encountered by a property owner. In practice, variances are granted at high rates—often around ninety percent of applications are approved—and, in some jurisdictions, in high volumes. In such cases, variances effectively serve as a rezoning, enabling jurisdictions to permit otherwise prohibited uses and allow growth and development to occur without addressing needed zoning reforms. By allowing neighbors the opportunity …


Emulsified Property, Jessica A. Shoemaker Jun 2016

Emulsified Property, Jessica A. Shoemaker

Pepperdine Law Review

The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …


Aircraft Noise Pollution: Is Land Use Planning The Answer? , Milan M. Dostal May 2013

Aircraft Noise Pollution: Is Land Use Planning The Answer? , Milan M. Dostal

Pepperdine Law Review

No abstract provided.


Symposium Index, Carlton Lee Harpst May 2013

Symposium Index, Carlton Lee Harpst

Pepperdine Law Review

No abstract provided.


The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder May 2013

The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder

Pepperdine Law Review

No abstract provided.


California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight May 2013

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.


Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth May 2013

Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth

Pepperdine Law Review

No abstract provided.


The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester May 2013

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.


Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson May 2013

Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson

Pepperdine Law Review

No abstract provided.


Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West May 2013

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.


Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson May 2013

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.


The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman May 2013

The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman

Pepperdine Law Review

No abstract provided.


Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman May 2013

Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman

Pepperdine Law Review

No abstract provided.


Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable May 2013

Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable

Pepperdine Law Review

No abstract provided.


Land Use Enactments And Inverse Condemnation, Alan R. Perry May 2013

Land Use Enactments And Inverse Condemnation, Alan R. Perry

Pepperdine Law Review

No abstract provided.


The Role Of The United States Army Corps Of Engineers In Land Use Control, Harry A. Jackson Jr. May 2013

The Role Of The United States Army Corps Of Engineers In Land Use Control, Harry A. Jackson Jr.

Pepperdine Law Review

No abstract provided.


The Specific Plan In California: A Developing Concept For The Resolution Of Conflicts In Land Use, Lindell L. Marsh, Bruce G. Merritt May 2013

The Specific Plan In California: A Developing Concept For The Resolution Of Conflicts In Land Use, Lindell L. Marsh, Bruce G. Merritt

Pepperdine Law Review

No abstract provided.


Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle Jan 2013

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.


Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear Jan 2013

Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear

Pepperdine Law Review

No abstract provided.


Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway Feb 2012

Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway

Pepperdine Dispute Resolution Law Journal

Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …