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Full-Text Articles in Law

Land Use Law Reform: A Judicial And Practical Imperative, John R. Nolon Dec 1993

Land Use Law Reform: A Judicial And Practical Imperative, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The practical lesson learned from a review of New York case law on land use planning is straightforward: judges will seldom overturn land use regulations when it is obvious, in the structure of the regulatory program, that considerable and comprehensive planning is involved. When judges sustain land use regulations, they routinely find in the regulatory scheme a valid local planning objective that saves the regulation from falling under the property owner's attack. The bases for this judicial reasoning lie in the statutory requirement that zoning provisions must be adopted "in accordance with" a "comprehensive plan" and the constitutional requirement that …


New Towns: Planning, Governance And Infrastructure Approaches And Concerns, Assembly Committee On Local Government Nov 1993

New Towns: Planning, Governance And Infrastructure Approaches And Concerns, Assembly Committee On Local Government

California Assembly

No abstract provided.


Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz Oct 1993

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Landscape Architecture & Regional Planning Faculty Publication Series

No abstract provided.


Putting It Together: Implications And Directions—Clashing Cultures, Clashing Economies, Clashing Values, Ed Marston Sep 1993

Putting It Together: Implications And Directions—Clashing Cultures, Clashing Economies, Clashing Values, Ed Marston

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

6 pages.

Contains references.


Building Community Around Water: The Shift From Icon To Substance In The Local Politics Of Water, Donald Snow Jun 1993

Building Community Around Water: The Shift From Icon To Substance In The Local Politics Of Water, Donald Snow

Water Organizations in a Changing West (Summer Conference, June 14-16)

11 pages.


Water And Communities: Emerging Issues For Water Organizations, A. Lee Brown, Jr. Jun 1993

Water And Communities: Emerging Issues For Water Organizations, A. Lee Brown, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

13 pages.

Contains 2 pages of references.


Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery Jun 1993

Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.


New Legislative Approaches, Laird Noh Jun 1993

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.


New Legislative Approaches, Larry Morandi Jun 1993

New Legislative Approaches, Larry Morandi

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.


Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger Jun 1993

Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger

Water Organizations in a Changing West (Summer Conference, June 14-16)

15 pages.


Responding To Water Quality Problems Through Improved Management Of Agricultural Water, David G. Cone, Dennis Wichelns Jun 1993

Responding To Water Quality Problems Through Improved Management Of Agricultural Water, David G. Cone, Dennis Wichelns

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Contains references.


Strategies For Acquiring New Urban Water Supplies, Hamlet J. "Chips" Barry Jun 1993

Strategies For Acquiring New Urban Water Supplies, Hamlet J. "Chips" Barry

Water Organizations in a Changing West (Summer Conference, June 14-16)

5 pages.


Programs For Obtaining Future Supplies Of Water For Southern California, Duane L. Georgeson Jun 1993

Programs For Obtaining Future Supplies Of Water For Southern California, Duane L. Georgeson

Water Organizations in a Changing West (Summer Conference, June 14-16)

19 pages (includes map).


The Need For A Regional Drainage District In Water Quality Regulation, Chelsea H. Congdon, Terry F. Young, Brian Gray Jun 1993

The Need For A Regional Drainage District In Water Quality Regulation, Chelsea H. Congdon, Terry F. Young, Brian Gray

Water Organizations in a Changing West (Summer Conference, June 14-16)

11 pages.

Contains references.


Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop Jun 1993

Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.


From Conflict To Cooperative Water Resource Management: The Chelan Agreement And Water Resources Forum [Outline], Bill Frank, Jr. Jun 1993

From Conflict To Cooperative Water Resource Management: The Chelan Agreement And Water Resources Forum [Outline], Bill Frank, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

8 pages.


Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson Jun 1993

Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.


Water Organizations In The West, Ron Bishop Jun 1993

Water Organizations In The West, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

9 pages.


Water Organizations In The West, Patricia Mulroy Jun 1993

Water Organizations In The West, Patricia Mulroy

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.


The Relevance Of Water “Ownership” To Water Markets And Other Issues, Barton H. Thompson, Jr. Jun 1993

The Relevance Of Water “Ownership” To Water Markets And Other Issues, Barton H. Thompson, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

31 pages.

Contains references.


Innovative Approaches To Urban Water Conservation, Tom Griswold Jun 1993

Innovative Approaches To Urban Water Conservation, Tom Griswold

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.


St. Joseph School Area Neighborhood Housing Project Revitalization Study, Kentucky Library Research Collections May 1993

St. Joseph School Area Neighborhood Housing Project Revitalization Study, Kentucky Library Research Collections

Research Collections

No abstract provided.


The Williamson Act 1991-93 Status Report, California Department Of Conservation Jan 1993

The Williamson Act 1991-93 Status Report, California Department Of Conservation

California Agencies

The California Land Conservation Act, better known as the Williamson Act, has been the state’s premier agricultural land protection program since its enactment in 1965. The Williamson Act preserves agricultural and open space lands through property tax incentives and voluntary restrictive use contracts. Private landowners voluntarily restrict their land to agricultural and compatible open-space uses under minimum 10-year rolling term contracts with local governments. In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use, rather than potential market value.


Introduction: Dedication To James A. Coon, John R. Nolon Jan 1993

Introduction: Dedication To James A. Coon, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Law Review is dedicated to a man and an idea in which he believed. James A. Coon was land use counsel to the Department of State in New York when he died in 1992. For a quarter of a century he served as counsel to several New York State agencies, all involved in some way with providing technical assistance to those interested in the subject of land use law. For James Coon, and those who learned from him, land use law carries with it a significant set of responsibilities. It establishes the rules that dictate …


Comprehensive Land Use Planning: Learning How And Where To Grow, John R. Nolon Jan 1993

Comprehensive Land Use Planning: Learning How And Where To Grow, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article explores the origins, evolution and contemporary workings of the legal system that determines the use of land. In Part II, the development of zoning and comprehensive planning laws in the United States is traced, emphasizing the importance that zoning be “in conformance with” a comprehensive land use plan, a requirement meant to provide direction and purpose to land use regulation. This retrospect shows that, from the beginning, the framers of the nation's land use regime were indecisive. They failed to define a comprehensive plan, to detail what such a plan should contain, and to prescribe how planning should …


The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano Jan 1993

The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano

Scholarly Works

No abstract provided.


The Erosion Of Home Rule Through The Emergence Of State-Interests In Land Use Control, John R. Nolon Jan 1993

The Erosion Of Home Rule Through The Emergence Of State-Interests In Land Use Control, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The conventional wisdom is that New York's failure to adopt a comprehensive state-wide land use system is due to reluctance of the state legislature to diminish local control of land use. The purpose of this article is to explore that assumption as part of a larger examination of the proper course of land law reform in New York. The case and statutory law that have developed since the experiences of the early 1970s indicate that local “home rule” authority is neither a legal nor a political barrier to effective land use legislation in the broader state interest. Part II briefly …


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …


Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin Jan 1993

Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin

Scholarly Works

No abstract provided.