Law Commons^™

Resolving Land Use Disputes: Mediation, Arbitration And Litigation, Senate Select Committee On Planning For California's Growth, Senate Committee On Local Government

California Senate

No abstract provided.

Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley

Vanderbilt Journal of Transnational Law

Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …

Environmental Policy In The 1990s, Denise D. Fort

Natural Resources Journal

No abstract provided.

Private Land Use, Changing Public Values, And Notions Of Relativity, Lynda L. Butler

BYU Law Review

No abstract provided.

Southwest Diversified, Inc. V. City Of Brisbane: New Opportunities For Municipalities To Avoid Referendum In Land Use Decisions, Cindy Y. Dobler

San Diego Law Review

In Southwest Diversified, Inc. v. City of Brisbane, the California Court if Appeal held that a city ordinance which changed the zoning of originally designated wildlife habitat to another location within the proposed development was an administrative act and therefore not subject to referendum. Although local citizens groups had collected the requisite signatures to put the ordinance on the ballot for repeal by referendum, the appellate court upheld the lower court's decision ordering the city to desist from holding the election on the issue. The appellate court, narrowly focusing on the perceived intent and wording of a habitat conservation plan, …

Local Land Use Control In New York: An Aging Citadel Under Siege, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In New York, local officials determine the shape and pace of land development, decide the economic fate of land owners and are the stewards of our natural resources. The system of local control of land use has remained relatively static since it was first created by the state legislature over seven decades ago. Today, however, it is under siege. Its strength is being sapped by preemptive state and federal regulations; it is being attacked by environmentalists and developers alike. The state's highest court has called for fundamental reform.

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Vanderbilt Law Review

Even before the Supreme Court decided Nollan v. California Coastal Commission,' courts and scholars debated the wisdom and constitutionality of land use exactions and impact fees-government-imposed charges on the right to develop land. Many municipalities have long required developers to finance infrastructure improvements.s Fiscally drained municipalities, particularly big cities, had begun to use, or to consider using, exactions or their close cousins, "linkage" programs, as a means to finance a wider variety of government services.

The controversy these fees have generated reflects more general concerns about financing local government. Municipalities and their defenders justify exactions and impact fees as necessary …

The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis

William & Mary Environmental Law and Policy Review

No abstract provided.

The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Indsutrial Revitalization Plan Liberty Taylor Corridor, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

This report was designed to begin the community renewal program for Liberty-Taylor Industrial Corridor located in Springfield, Massachusetts. The objectives of the report was to describe current conditions the Liberty-Taylor Corridor; to analyze and update previous planning studies of the Corridor; to identify key roadblocks to investment in the Corridor, and to present possible solutions in order to stimulate reinvestment.

Range And River An Open Space And Recreation Plan, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

This report purpose was to build a plan for the town of South Hadley, Massachusetts. The five year plan will serve to improve the existing efforts and establish a long and short term goal for the Holyoke Range and the Connecticut River with the idea of making it more accessible to the public.

Agricultural Preservation: Protesting The Application Of Revenue Ruling 78-384, William T. Hutton

Faculty Scholarship

No abstract provided.

The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Linking The Past To The Future: A Landscape Conservation Strategy For Waterford, Virginia, Elizabeth Brabec, Mary Ann Nabor, Harry L. Dodson

Elizabeth Brabec

The report presents a planning strategy for protecting Waterford, an historic community located in Loudoun County, Virginia. The Waterford Historic District, including the village and surrounding farmland, was designated a National Historic Landmark in 1970. In 1986, the National Park Service determined that Waterford was threatened by proposed new construction on an historic farm almost directly in the center of the Landmark. The report identifies alternative development strategies that would protect the historic integrity of the village landscape. These strategies were intended to be used in negotiations with local landowners, as negotiated but voluntary land conservation strategies.

Introduction To The Problems Of Acquiring Properties From Partnerships, Corporations, Estates, And Trusts, William T. Hutton

Faculty Scholarship

No abstract provided.

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine

UIC Law Review

No abstract provided.

Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski

Villanova Law Review

No abstract provided.

A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson

Seattle University Law Review

Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …

Due Process

Touro Law Review

No abstract provided.

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George

Vanderbilt Law School Faculty Publications

Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.

The Northern Forest Lands Council: Seeking Consensus, Christopher Spruce

Maine Policy Review

No abstract provided.

Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce

Maine Policy Review

No abstract provided.

The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein

Law Faculty Articles and Essays

This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …

Pennsylvania Northwestern Distributors, Inc. V. Zoning Hearing Board Of Moon Township: Amortization Of Nonconforming Uses Or Amortization Of The Police Power In Pennsylvania, Barry Gosin

Villanova Law Review

No abstract provided.

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Faculty Scholarship

No abstract provided.

Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss

Natural Resources Journal

No abstract provided.

Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough

Natural Resources Journal

No abstract provided.

Contract For Nonbeneficial Use: New Mexico Water Law Is Drowned Out By Contract. (Margarito Trujillo And Swope Farm And Livestock Co. V. Cs Cattle Company And Eagle Nest Reservoir Corporation V. Angel Fire Corporation, 109 N.M. 705, 790 P.2d 502 (1990)), William Singdahlsen

Natural Resources Journal

No abstract provided.