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Selected Works

2014

Property Law and Real Estate

Land use

Articles 1 - 4 of 4

Full-Text Articles in Law

Still An Issue: The Taking Issue At 40, Patricia E. Salkin Jun 2014

Still An Issue: The Taking Issue At 40, Patricia E. Salkin

Patricia E. Salkin

In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …


Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam Dec 2013

Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam

Sara C. Bronin

Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.


Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl Dec 2013

Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


Requiem For Regulation, Garrett Power Dec 2013

Requiem For Regulation, Garrett Power

Garrett Power

This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …