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Articles 1 - 12 of 12
Full-Text Articles in Law
Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon
Impact Statements: Regulations Leave Room For Delays In Seqra Proceedings, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate adverse environmental impacts. The SEQRA process has several flexible time constraints, which through negotiation, may be extended. Issues often arise due to the discrepancies between SEQRA’s imposed time limits and the time limits imposed on land use boards to make determinations about proposed projects. The question of which time limits apply was determined in Sun Beach Real Estate Corp. v. Anderson Beach. In that case, the court held that decisions, such as site plan approval deadlines, do not …
Community Involvement: Facilitation Adds Flexibility To Land Use Decision-Making, John R. Nolon
Community Involvement: Facilitation Adds Flexibility To Land Use Decision-Making, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate the adverse environmental impacts of those actions. Recently decided New York case law has created flexibility in the SEQRA process by allowing developers, among others, to revamp proposed projects early in the application process in order to expedite SEQRA and save substantial amounts of money. A New York court held that using public meetings to garner information and negotiate different aspects of a proposed project, and a determination of a negative declaration (the proposed project will have no …
Wetlands Controls: Untangling An Intricate Web Of Rules, John R. Nolon
Wetlands Controls: Untangling An Intricate Web Of Rules, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article discusses the controversy surrounding legislation protecting wetlands, including the proposed revisions to National Wetlands Permit Number 26. Federal, state, and local governments all play a critical role in wetlands regulation. The potential of these different levels of government can be maximized through a coordinated effort, avoiding situations where applicable laws from one level of government run contrary to laws of another level of government, which often results in unnecessary litigation. This article discusses these issues, and also provides examples of intergovernmental wetlands regulation success.
Protecting Scenic Assets: Regulations Based On Study, Expert Reports And Rationality, John R. Nolon
Protecting Scenic Assets: Regulations Based On Study, Expert Reports And Rationality, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Many municipalities are seeking to protect scenic assets through a combination of land use tools and implied police powers. These tools include comprehensive planning, subdivision and site plan approval, and in New York, execution of the State Environmental Quality Review Act (SEQRA). An example of scenic protection is North Elba, New York, where the local planning board denied Wal-Mart’s application to construct a store because the store would compromise the viewshed of a nearby mountain. This article reviews the SEQRA process in the Wal-Mart case and also reviews several other methods municipalities may use to protect environmental and aesthetic interests.
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
New York case law has created an obligation for communities to provide low-income housing in order to meet regional needs. The courts have found exclusionary zoning to be an unconstitutional practice, and may require communities to amend zoning ordinances that act in an exclusionary manner. The burden for plaintiffs to prove an ordinance is unconstitutionally exclusionary has been greatly impacted by the existence of regional housing studies. However, legislative progress in New York continues to lag behind surrounding states, as New Jersey and Connecticut legislatures have put statutory components in place to ease burden of proof in challenges to exclusionary …
Justifying Public Decisions In Arctic Oil And Gas Development: American And Russian Approaches, Nicholas E. Flanders, Rex V. Brown, Yelena Andre'eva, Oleg Larichev
Justifying Public Decisions In Arctic Oil And Gas Development: American And Russian Approaches, Nicholas E. Flanders, Rex V. Brown, Yelena Andre'eva, Oleg Larichev
Dartmouth Scholarship
Government resource decisions in the Arctic typically involve complex issues; multiple criteria are used to choose among alternatives. This complexity is even greater with petroleum development because of concerns about national energy security, environmental impacts, and economic development. Two decision-aiding techniques may help decision makers clarify their decisions to themselves, the stakeholders, and the general public. The Russian qualitative technique seeks to reduce the number of criteria and find alternative options that may be better than the initial ones. The Western quantitative technique seeks to measure the decision maker* s judgement about the utility and certainty of each option. These …
Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon
Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The continued existence vernal pools and other sensitive environmental areas greatly depends upon local and state land use decisions. Practices such as Euclidian Zoning, where land uses are separated into different districts, usually fail to account for the protection of these sensitive areas. However, local governments in New York, using implied municipal power created by state legislation, have a variety of land use tools to help alleviate the destruction of environmentally sensitive areas. These tools include: overlay zoning, incentive zoning, conservation easements, floating zones, and transferring development rights. By using these tools within a well-integrated strategy, New York communities can …
Tort Law, Honorable Leon D. Lazer
The Original Understanding Of The Takings Clause, William Michael Treanor
The Original Understanding Of The Takings Clause, William Michael Treanor
Georgetown Environmental Law & Policy Institute Papers & Reports
The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Touro Law Review
No abstract provided.
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of land use policies and laws, as well as presents academic and scientific theories supporting a national land use policy. Part II of this article describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending …
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Articles & Chapters
Residential developments often create a general scheme of restrictions, operate common facilities, and establish an owners association to enforce the restrictions and operate the common areas. Private governments raise difficult public policy and legal issues. Private regimes should generally be enforced as they encourage the efficient use of land, allow choice in living arrangements, and foster participatory democracy. At the same time, though, the restrictions can offend personal autonomy, create inefficiencies, and permit undue control by past generations over present owners. The law should therefore enforce homeowners association covenants that prevent harmful fallout on the neighborhood, but they should not …