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University Of Baltimore Journal Of Land And Development Volume 4 Number 2 (Spring 2015) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 5 Number 1 (Fall 2015) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

Comments: Private Investment: Trojan-Horse Or Shining Knight For America's Public Housing Stock, Andrew Balashov

University of Baltimore Journal of Land and Development

The numbers are staggering. The nation's largest public housing authorities ("HA's") are in a state of crisis as a result of massive budget shortfalls. The Department of Housing and Urban Development (HUD) estimates it would take roughly $26 billion to remedy the problem. To put this in perspective, in 2014 the New York City Public Housing Authority had a $77 million deficit and $18 billion worth of "unfunded capital improvements," - a euphemism for basic upgrades to building systems such as water, heat, air conditioning, and elevators. At present, many of these systems are woefully below acceptable livability standards. This …

Edited Transcript Of Symposium On Public-Private Partnerships, "Public-Private Partnerships: A Vehicle For Economic Development And Promotion Of The Rule Of Law"

University of Baltimore Journal of Land and Development

Speakers:

Scott Walchak
Preston Bryant
Martin Jacobson
Shyamala Shukla
Patrick Decorla-Souza
Jodie Misiak
John Smolen

The University of Baltimore Journal of Land and Development hosted a symposium on Public-Private Partnerships (P3s) and their impact on economic development and the rule of law. The main topics of the symposium were what is a P3, the key elements of P3 legislation both internationally and nationally, the historical development of P3s, and with the foregoing in mind what is the role for attorneys during the lifecycle of any P3? The following is an edited transcript of symposium and the discussion that followed.

Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara

University of Baltimore Journal of Land and Development

The demand for nonrenewable energy resources has increased in nations around the world despite the reality that these remaining resources are both scarce, and increasingly difficult to acquire. In 2010 Earth's reserves held the equivalent of approximately 406 billion tons of natural gas and oi1. However, at yearly consumption rates, this amount would only serve the planet's energy needs for about fifty years. The rapid elimination of conventional sources for oil and gas has led to the utilization of alternative methods to access sources that were previously not worth drilling. In the United States, for example, there are several types …

Community Development Vs. Economic Development: Residential Segregation, Tax Credits, And The Lack Of Economic Development In Baltimore's Black Neighborhoods, Jennifer Nwachukwu

University of Baltimore Journal of Land and Development

In 1967, the National Advisory Commission on Civil Disorders penned one of the most famous statements about race in America: “Our nation is moving toward two societies, one black, one white— separate and unequal.”2 For the city of Baltimore, MD, that statement rings true even in 2013. Outsiders think of Baltimore through the lens of HBO’s The Wire. Those who are from Baltimore or live in the city likely would say that driving through Baltimore is like driving through two different cities—nice areas with shops, restaurants, and beautiful architecture; and “not so nice” areas with blocks of dilapidated buildings and …

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

Overcoming Land Use Localism: How Hud's New Fair Housing Regulation Can Push States To Eradicate Exclusionary Zoning, Thomas Silverstein

University of Baltimore Journal of Land and Development

Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD’s publication of a final AFFH rule on July 16, 2015 was the culmination of that process, 2 but the rule did not resolve all outstanding questions. In particular, the one point that has been reiterated by a range of groups with often competing interests is that no one is entirely clear how the framework that HUD has developed will work for states.3 To …

A Controversy Fueled By Methyl Tertiary Butyl Ether (Mtbe), Anthony Cognetti

University of Baltimore Journal of Land and Development

Over the past few decades, Maryland has been faced with a controversial issue pertaining to methyl tertiary butyl ether (MTBE) groundwater contamination.1 In 1979, MTBE was added to gasoline in an attempt to reduce smog-producing air pollutants.2 While its chemical properties have been scientifically proven to reduce air pollutants, this “environmentally friendly” chemical eventually became a topic of great debate as MTBE was leaking through underground storage tanks and contaminating groundwater sources.3 Many states thereafter filed lawsuits against gasoline refining companies for their role in adding MTBE, and most of them have received remarkably high settlements in return.4 The State …

Here To Stay Or A Flash In The Pan? How Zoning And Property Laws May Affect Airbnb In Baltimore And The Nation, Michael Schultes

University of Baltimore Journal of Land and Development

The advent of the Internet, smartphones, and social media has shrunk the world to the point where a person in Baltimore can connect with someone in Botswana with only the click of a finger. Whether it be a social media post or business e-mail, eight thousand miles can feel more like eight feet with how quickly we can connect and converse with people around the globe. The use of these information technology tools and inventions to store, retrieve, transmit, and manipulate data has transformed the way we learn, the way we communicate, and the way we do business. This newfound …

University Of Baltimore Journal Of Land And Development Volume 3 Number 2 (Spring 2014)

University of Baltimore Journal of Land and Development

No abstract provided.

Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov

University of Baltimore Journal of Land and Development

In late 2012 a bitter war was waged in a small Maryland town. Newspapers portrayed it as a David and Goliath type story; rural residents fighting big business developers to keep them from destroying their small town's charm and character. Yet underlying the conflict were commonplace issues of land use and planning, governed by a little known, yet surprisingly ubiquitous law, known as an Adequate Public Facilities Ordinance. To set the scene Frederick County, Maryland is like many other counties across the United States that are coping with the effects of growth and demographic change. In decades past its residents …

The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball

University of Baltimore Journal of Land and Development

America is at a pivotal moment in maintaining and modernizing its public infrastructure. Our nation's roads, bridges, water systems and energy networks have long been in poor repair. Much of the country's public infrastructure was put into place over fifty years ago, and many of these systems are simply overwhelmed or worn out. Infrastructure that is in poor condition or disrepair is mostly a hidden problem until it inconveniently stops working or worse, when ghastly consequences ensue from catastrophic failures.

Cashing In On Green: Casino Development And Sustainability, Emily Mikles

University of Baltimore Journal of Land and Development

The development of the Horseshoe Casino in Baltimore, MD has created its fair share of contention and controversy for local residents. The typical residential concerns surrounding casino development- disparate impacts on surrounding businesses, employment concerns, and economic impact-are not raising eyebrows in the Baltimore area; rather, residents are concerned about the environmental impacts of the casino construction and development project. Several lawsuits have been filed attempting to halt casino construction due to the chemical contaminants that are seeping into the soil and into the bay through storm drains. These suits raise an interesting issue that some state legislatures and casino …

University Of Baltimore Journal Of Land And Development Volume 4 Number 1 (Fall 2014) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein

University of Baltimore Journal of Land and Development

On April 11, 2013, new rules and regulations regarding Baltimore City's property tax credits became effective. Similar to the payments in lieu of taxes program (PILOT), Baltimore City has enacted rules and regulations that afford property owners a major tax credit for developing and, or converting current buildings into high-performance market-rate rental housing. Baltimore City Mayor, Stephanie Rawlings- Blake, is optimistic about the tax credit, believing the credit will spur development within Baltimore City. The city believes that development projects will attract new residents to Baltimore City, as well as deter current residents from leaving the city for areas that …

Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner

University of Baltimore Journal of Land and Development

In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.

Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin

University of Baltimore Journal of Land and Development

In August 2007 the Baltimore City Council passed Council Bill 07-0602 mandating that newly built and "extensively modified" buildings over 10,000 square feet comply with "Green Building Standards." This law is considered among the first and most extensive green building codes to be passed so far in the United States. This law has not surprisingly sparked praise and criticism. While the law has been praised for its potential environmental benefits, it has also been criticized on the grounds that it is stricter than the laws of surrounding jurisdictions and has made building in Baltimore excessively expensive. Moreover, the law has …

Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp

University of Baltimore Journal of Land and Development

On September 10, 2013, the Baltimore City Council gave final approval to Harbor Point, a $1 billion multi-use project to be built on a vacant, remediated brownfield that juts into Baltimore's Inner Harbor. Like many urban development or redevelopment projects, Harbor Point will be supported by significant taxpayer subsidies. Between a $107 million direct investment in project-related infrastructure largely parks that will surround the to-be-built offices, shops and residences, and a waterfront promenade - along with a mixed bag of real estate and income tax incentives, the visible public support to Harbor Point will exceed $200 million, 20% of projected …

Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions, John Baber

University of Baltimore Journal of Land and Development

The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the program's inception in 1986 through 2007. However, despite its monumental size and impact, the program has some potentially fatal flaws that threaten the long-term financial and physical viability of the very affordable housing that it creates, and threatens the health of the neighborhoods that it is created in. Affordable …

Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin

University of Baltimore Journal of Land and Development

The 2008 Financial Crisis and the ensuing Great Recession sent shockwaves throughout the U.S. and global economy, wreaking havoc from Wall Street to Main Street. The Crisis harkened economic contraction, high unemployment, and elevated rates of home foreclosure. While the financial industry recovered, spelling an end to one crisis, another continues - the Foreclosure Crisis. The rate of home foreclosure, already ominously on the rise before 2008 and growing in intensity and breadth in the aftermath of the Financial Crisis, provides the foundation for this paper. This article examines an innovative public-private partnership between a private firm, Mortgage Resolution Partners …

The Private-Public Partnership: How Lessons Learned From Disaster Relief And Reconstruction Efforts In Post-Katrina New Orleans Can Be Applied To Post-Sandy New York And New Jersey, Daniel Abramson

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 3 Number 1 (Fall 2013) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

Where To Put It? The Confusing Question Of How To Deal With Marijuana Dispensaries, Ian Morrison

University of Baltimore Journal of Land and Development

No abstract provided.

How Uncertainty In The Redrawing Of School Districts Affects Housing Prices, A Case Study: Comparing Neighborhoods In Charlotte, North Carolina And Columbia, Maryland, Kristen Ulan

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 2 Number 2 (Spring 2013) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

A Heightened Standard For Land Use Permits Redefines The Power Balance Between The Government And Landowners, Michael Farrell

University of Baltimore Journal of Land and Development

No abstract provided.

The Department Of The Interior's Final Rule Allots American Indians More Freedom To Lease Land For Residential, Commercial, And Renewable Energy Development In Order To Improve American Indians' Economic Condition, Jeffrey Crockett

University of Baltimore Journal of Land and Development

No abstract provided.

Rail-To-Trail Conversions: How Communities Are Railroading Their Way Out Of Recession Towards Healthy Living, James Lilly

University of Baltimore Journal of Land and Development

No abstract provided.

Constitutional Corporatism: The Public Use Clause As A Means Of Corporate Welfare, John Kieran Murphy

University of Baltimore Journal of Land and Development

No abstract provided.