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Full-Text Articles in Law

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock Mar 1989

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock Feb 1989

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Law And A New Land Ethic, John A. Humbach Jan 1989

Law And A New Land Ethic, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

As open space comes under increasing development pressure, existing-use zoning provides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means for protecting high-demand or sensitive areas such as wetlands, coastlines, lakeshores, floodplains, stream corridors, and pristine reservoir watersheds. This Article reviews the viability of existing-use zoning under United States Supreme Court interpretations of the Constitution's takings clause. It concludes that nothing in those interpretations disallows this straightforward approach to preserving our country's familiar patterns of land use and development.