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Series

Land Use Law

2007

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Articles 1 - 30 of 86

Full-Text Articles in Law

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher Dec 2007

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).


The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein Nov 2007

The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein

UF Law Faculty Publications

Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council -- the modern U.S. Supreme Court's seminal regulatory takings decision -- this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own -- forming what this Article calls the new nuisance ...


Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon Oct 2007

Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use and real estate attorneys may find their practice areas impacted by recently passed lobbying legislation in both New York state, and New York City that require burdensome requirements for lawyers whose clients are seeking legislative action. This article explores the history of New York lobbying legislation, recent amendments to the lobbying laws, and the impact that lobbying legislation has on the practice of law. Notably, this review explores Article 1-A of the Legislative Law (known as the “Lobbying Act”) and the Public Employee Ethics Reform Act, both of which expanded the definition of lobbying, and significantly changed the ...


The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss Oct 2007

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment ...


Model Junkyard Ordinance, Lydia Doyle Oct 2007

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.


Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles Oct 2007

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


H.R. 3355, The Homeowners Defense Act Of 2007: Hearing Before The Subcomm. On Housing And Community Opportunity And The Subcomm. On Capital Markets Of The H. Comm. On Financial Services, 110th Cong., Sept. 6, 2007 (Statement Of John D. Echeverria, Geo. U. L. Center), John D. Echeverria Sep 2007

H.R. 3355, The Homeowners Defense Act Of 2007: Hearing Before The Subcomm. On Housing And Community Opportunity And The Subcomm. On Capital Markets Of The H. Comm. On Financial Services, 110th Cong., Sept. 6, 2007 (Statement Of John D. Echeverria, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.


Disaster Mitigation Through Land Use Strategies, John R. Nolon Sep 2007

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R. Nolon calls for cooperative federalism and a clarification of agency roles as a remedy for this complexity. Through case ...


Zoning, Transportation, And Climate Change, John R. Nolon Sep 2007

Zoning, Transportation, And Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 ...


Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt Aug 2007

Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt

Rutgers Law School (Newark) Faculty Papers

The worst national disaster in United States history also showcased the dire consequences of localism as the cultural and legal successor to de jure segregation. Long before Hurricanes Katrina and Rita devastated the Gulf Coast, New Orleans’ status as an exceptional city had been lost to Americanizing trends. Its resistance to the conventional racial binary was overcome after Reconstruction; its unique densities and accommodation of the physical landscape were transformed into sprawling divisions by technology and suburbanization. From the Brown decision forward, New Orleans and the metropolitan area around it developed much like the rest of the nation. Localist tendencies ...


City Of Jefferson Curry Creek Water Supply Watershed: Estimate Of Existing And Projected Impervious Cover And Assessment Of Watershed Protection Provisions, Jamie Baker Roskie, Seth Wenger Aug 2007

City Of Jefferson Curry Creek Water Supply Watershed: Estimate Of Existing And Projected Impervious Cover And Assessment Of Watershed Protection Provisions, Jamie Baker Roskie, Seth Wenger

Land Use Clinic

The Land Use Clinic, in conjunction with the River Basin Center, helped the City of Jefferson to protect its drinking water supply. The Land Use Clinic wrote municipal legislation to reduce impervious cover (roads, parking lots, buildings and sidewalks) and minimize runoff, which diminishes water quality by filling streams with pollutants and increasing sedimentation, increases the need for expensive water treatment and impacts aquatic habitat.


Testimony Of Melvin Burke Professor Of Economics University Of Maine, Orono, Maine, Regarding Zp 707 Plum Creek Petition For Rezoning Moosehead Region, Melvin Burke Aug 2007

Testimony Of Melvin Burke Professor Of Economics University Of Maine, Orono, Maine, Regarding Zp 707 Plum Creek Petition For Rezoning Moosehead Region, Melvin Burke

School of Economics Faculty Scholarship

Plum Creek’s “Concept Plan” is a petition requesting LURC to rezone approximately 426,000 acres in the Moosehead Lake area. According to LURC’s fact sheet, a concept plan is a landowner-created, long-range plan of the “landowner’s intent”, a flexible alternative to traditional subdivision and development plans. It is not a business plan, a project plan, or a concrete real estate development plan. Webster’s unabridged dictionary defines “concept” as a “thought”, “an idea,” a “notion”, which is precisely what Plum Creek’s concept plan is--a thought, an idea, a scheme (plan) for making, arranging or doing something ...


Clustered Zoning Approaches Reduce Congestion, John R. Nolon Aug 2007

Clustered Zoning Approaches Reduce Congestion, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The effect of local zoning on our lives usually goes unnoticed despite its profound influence on human behavior. Zoning controls where we live and work, how we get from point A to point B, and what sort of homes we live in. This article provides examples of successful transit-oriented development projects at the local level as well as how state and federal government can contribute to the clustering effort via financing and research programs as well as providing appropriate infrastructure.


A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.


An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman Jul 2007

An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman

Land Use Clinic

A development impact fee is defined as “payment of money imposed upon development as a condition to development approval to pay for a proportionate share of the cost of system improvements needed to serve growth and development.” Development impact fees are a relatively new idea in Georgia, but have been used in other jurisdictions for years. This paper analyzes the development of the Georgia Development Impact Fee Law. It also tracks use of impact fees in Georgia and makes recommendations for jurisdictions considering adopting impact fees.


Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher Jun 2007

Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Urban dwellers emit less greenhouse gases per capita than their suburban or rural counterparts because urban environments are conducive to less automobile travel and require less energy to heat or cool their smaller urban living quarters. This article addresses the need for a more comprehensive transit oriented land use paradigm by taking the reader through a step-by-step approach to accomplishing this goal. The suggested model exemplifies the complexity of amending community planning and the importance of incorporating several different groups of people into the planning process. These groups include municipal, state, and federal governments, research groups, developers, and regional transportation ...


Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa Jun 2007

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller Jun 2007

Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Joe Feller, College of Law, Arizona State University

22 slides


A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education Jun 2007

A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Justice Greg Hobbs, Colorado Supreme Court

31 pages.

Includes color illustrations and map

"Acknowledgments: This special report highlights important features of Colorado Supreme Court water decisions handed down between 1996 and 2006. It contains excerpts from opinions authored by Justices Lohr, Vollack, Mullarkey, Kourlis, Hobbs, Martinez, Bender, Rice, Coats and Eid. It is adapted from an article that first appeared in The Water Report (www.thewaterreport.com), February 15, 2007, used with permission."


Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches Jun 2007

Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

3 pages.

Includes bibliographical references

"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"

"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"


Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos Jun 2007

Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates

44 slides


Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman Jun 2007

Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region

13 slides


Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl Jun 2007

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides


Slides: A Case Study Of The Roan Plateau Area, Mary Viviano Jun 2007

Slides: A Case Study Of The Roan Plateau Area, Mary Viviano

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mary Viviano, EnCana Oil & Gas (USA) Inc.

14 slides


Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter Jun 2007

Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

7 pages.

Includes bibliographical references

"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"


The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy Jun 2007

The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

11 pages.

Includes bibliographical references

"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)

"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)


Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch Jun 2007

Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe

10 pages.


Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr. Jun 2007

Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law

77 slides