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Articles 1 - 14 of 14
Full-Text Articles in Law
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.
Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon
Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes how the American land use system has evolved to address recent environmental and economic development problems. It begins by tracing the history of the legal system used in the United States to control private sector land development and demonstrates how it achieved the flexibility needed to respond to modern challenges. The American land use system has paid a price for this flexibility: it is not a coherent whole, but rather a fragmented mosaic of legal influences. Impressive examples of cohesion are cited that suggest a strategic approach to reforming the system so that it can become an …
Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke
Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Presenter: Maggie Fox, President, America Votes, Boulder, CO.
Presenter: Susan Avery, Interim Provost and Executive Vice-Chancellor for Academic Affairs, University of Colorado.
Presenter: Roger Pielke, Jr., Professor, Environmental Studies, Center for Science and Technology Policy Research, University of Colorado.
4 slides.
Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty
Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.
50 slides.
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Scholarly Works
No abstract provided.
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin
Scholarly Works
This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin
Scholarly Works
This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.
States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin
States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin
Scholarly Works
Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …
Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster
Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster
UF Law Faculty Publications
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effects of a regulation on the incidents of property ownership. It serves as a constitutional protection against regulations that impose the functional equivalent to a classic taking of private property (an appropriation by the state or an ouster), and it requires compensation for owners who are subject to such regulations. Just as significant as declaring what the regulatory takings doctrine is, theCourt in Lingle also declared what it is not: it is not a judicial check onthe validity or reasonableness of a regulation that …
Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon
Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer
Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Faculty Scholarship
Kelo v. City of New London, 125 S. Ct. 2655 (2005), is unique in the modem annals of law in terms of the negative response it has evoked. The initial reaction by lawyers familiar with the case was one of lack of surprise. Within days, however, Internet bloggers, television commentators, and neighbors talking over backyard fences decided that Keio was an outrage. Even Justice Stevens sought to distance himself from his own majority opinion, declaring in a speech to a bar association that he thought the outcome was "unwise," and that he would not have supported it if he were …
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
Faculty Scholarship
This Article draws on an episode of nineteenth-century American doctrinal history to develop a pluralist approach to explaining changes in property law. It addresses the question: What causes account for the development of property regimes across time? The courts' answer emerges from examination of nineteenth-century American reform of the law of waste, which governs the changes tenants may make in the estates they occupy. A line of state supreme court cases, beginning in 1810, transformed the doctrine from the strict rule of English common law to a flexible standard. Economic analysis helps to explain the change; the full story, however, …