Law Commons^™

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about …

Federal Consistency In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a focus group on the topic of Federal Consistency in New Jersey.

In 1972, the U. S. Congress passed the Coastal Zone Management Act (CZMA), designed to “preserve, protect, develop, and where possible, to restore and enhance the resources of the nation's coastal zone.” The CZMA encouraged coastal states to develop and implement comprehensive management programs that balance the need for coastal resource protection with the need for economic growth and development within the coastal zone.

In the latter portion of the 1970s New Jersey developed a coastal management plan that was fully …

Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Over thirty years ago The United States Court of Appeals upheld municipal efforts to control growth in the case Golden v. Ramapo. Since then, municipalities have come up with novel tools to harness development into sustainable patterns while mitigating damaging effects of sprawl. This article focuses on the renaissance of one popular land use device, performance zoning, and how the Town of Hyde Park uses this tool to promote growth in community centers and protect undeveloped areas.

Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec

Landscape Architecture & Regional Planning Faculty Publication Series

The neoclassical design was the dominant design movement in landscape architecture at the turn of the last century, dictating the form and design of public parks for most of the first half of the twentieth century. Meridian Hill Park, located just north of the White ouse in Washington, DC, is considered the most ambitious neoclassical park ever conceived in the United States. The paper provides an overview of the design development of the park, illustrating how classical design precedents were used to create a contemporary neo-classical park.

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Scholarly Works

No abstract provided.

Preserving Monumental Landscapes Under The Antiquities Act, Christine A. Klein

UF Law Faculty Publications

This Article examines the Antiquities Act, a 1906 statute that delegates authority to the President to establish national monuments on federal lands for the protection of prehistoric structures and relics. This modest statute, originally a scant one page in length, has set off a century of intermittent controversy that its drafters could not have anticipated. Although Congress probably intended that the statute merely protect archaeological ruins from looting by treasure hunters, presidents quickly began to utilize the statute to preserve large natural landscapes -- ranging from President Theodore Roosevelt's establishment of the 800,000-acre Grand Canyon National Monument in 1908 to …

Baseline 2000 Background Report: The Status Of Integrated Coastal Management As An International Practice (Second Iteration), Jens Sorensen

Urban Harbors Institute Publications

The Coastal Zone Canada 2000 Conference occurred in Saint John, New Brunswick from September 17 to 22. All of the 600 registrants received a canvas packet that included four separately bound publications: the final conference program, the tradeshow program, Canadian Synopsis (a table of ICM efforts in Canada), and Baseline 2000.

The Coastal Zone Canada Association organized and administered the Conference as they had done for three previous Canadian based international CZ conferences (Victoria, British Columbia in 1998, Rimouski, Québec in 1996, and Halifax, Nova Scotia in 1994).

Two of the fundamental objectives of the Coastal Zone Canada Association (CZCA) …

'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …

Weir River Area Of Critical Environmental Concern: Natural Resources Inventory, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

The Weir River Area of Critical Environmental Concern (ACEC) was designated by the Massachusetts Secretary of Environmental Affairs in 1986 in recognition of one of the largest and most productive salt marsh ecosystems in the Boston Harbor area. As an ACEC, the region is afforded additional attention and protection from state agencies in order to achieve the goals of designation--to restore, enhance, and manage the resources. The region was nominated by residents of the abutting communities of Hull, Hingham, and Cohasset who took the opportunity to call attention to the uniqueness of the environment and to their concerns that development …

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …

Collaborating On Environmental Conservation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Development law, local laws and policy that influence private land developers to appropriately develop land, affect the concerns of several groups including, private developers, municipalities, and environmentalists. By promoting environmental principles and revoking local regulatory obstacles, local governments can help encourage cooperation among these groups. This article highlights the success many New York communities have experienced in accommodating population growth while still reducing taxes and providing protection for the natural environment.

Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner

Coalbed Methane Development in the Intermountain West (April 4-5)

50 pages (includes color illustrations and maps).

Contains 7 pages of endnotes.

Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center

Coalbed Methane Development in the Intermountain West (April 4-5)

306 p. : ill., maps ; 28 cm

"July 2002"--Cover

Proceedings of a conference held April 4-5, 2002

Listed as no. 28 in the Research Report Series on the NRLC Recent Publications list

Includes bibliographical references

Contents:

Coalbed methane development in the Intermountain West : a primer / Gary Bryner -- Coalbed methane development in the Intermountain West : case studies. Coalbed methane in the San Juan Basin of Colorado and New Mexico / Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell ; Coalbed methane development in Wyoming's Powder River Basin / Diana Hulme -- Keynote address / Rebecca Watson …

Overview Of Cbm Issues In The San Juan Basin, Catherine Cullicott

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages (includes some color illustrations and maps).

Federal, State, And Local Regulatory Framework For Permitting Of Cbm Development, Kate Zimmerman

Coalbed Methane Development in the Intermountain West (April 4-5)

17 pages.

Contains 5 pages of endnotes.

Coalbed Methane In The San Juan Basin Of Colorado And New Mexico, Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell

Coalbed Methane Development in the Intermountain West (April 4-5)

35 pages (includes color illustrations and maps).

Contains 6 pages of endnotes.

Cbm Development From The County Perspective, Josh Joswick

Coalbed Methane Development in the Intermountain West (April 4-5)

4 pages.

Cbm Development Of Public Lands, Walt Brown

Coalbed Methane Development in the Intermountain West (April 4-5)

5 pages (includes color illustrations and maps).

Cbm Development, Ranching, And Agriculture, Nancy Sorenson, Jill Morrison

Coalbed Methane Development in the Intermountain West (April 4-5)

5 pages.

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

Scholarly Works

No abstract provided.

From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin

Scholarly Works

No abstract provided.

Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin

Scholarly Works

No abstract provided.

Dean's Foreword, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …

The California Land Conservation (Williamson) Act 2002 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.

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Faculty Scholarship

No abstract provided.

Legal Issues In The Regulation Of On-Premise Signs, Alan C. Weinstein, Mary Morris, Douglas Mace, Mark L. Hinshaw

Law Faculty Contributions to Books

No abstract provided.

Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn

Scholarly Works

The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than …