Law Commons^™

Community Control: Rebuttal, Chester Smolski

Smolski Texts

"The problem of fire was very real to the early settlers of this country. For this reason, in 1626, it was decreed that thatched roofs on houses no longer would be allowed in the Plymouth Colony. Early New York, in 1648, stipulated that wooden chimenys no longer could be built on houses. These were early attempts at control over individuals by the community, in this case, for fire protection.

The Hidden Crisis In Georgia Land Use, J. William Futrell

Scholarly Works

As will be more fully developed, the primary defect in the existing legal basis for land use planning is its fragmented and incomplete nature. The consequences of the improper and uncontrolled use of land spill over the narrow boundaries of the political subdivision in which the development occurs. Furthermore, natural areas of statewide or national importance may be lost because of local apathy.

These same conflicts in land use exist in Georgia, and the prevailing legal institutions in Georgia are just as inadequate as those in other states; but, in Georgia, the debate on legal solutionis has been muted. While …

Property Rights In Land: New Statutory Approaches, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico

All Faculty Scholarship

No abstract provided.

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …

Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher

Faculty Works

No abstract provided.

Comment On Warth V. Seldin, Terrance Sandalow

Articles

Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …