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Full-Text Articles in Law
Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher
Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.
'Saddle Rock': Preemption Of Local Land Use Prerogatives, John R. Nolon, Jessica A. Bacher
'Saddle Rock': Preemption Of Local Land Use Prerogatives, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Local municipalities have broad authority to regulate land use as provided in state legislation. Like all higher forms of legislation, state law occasionally preempts local legislatures from enacting laws. Generally preemption is appropriate when the area to be regulated by the local laws is comprehensively regulated by state law, the uniformity of the state law will benefit the localities, and inconsistencies in local law are harmful to land owners and municipalities. This article discusses the pros and cons of state preemption on various types of land use regulation.
Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher
Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.
Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon
Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This case analysis examines several court decisions, including the results of three New York Court of Appeals cases where litigants challenged the constitutionality of municipal land use decisions. In each case, the court afforded the municipality deference and found that their objectives were rationally related to the decisions, mostly decisions to deny development. However, this presumption of validity given to local legislatures and quasi-judicial agencies presents a problem when land use decisions affect outside municipalities. Thankfully, through the use of training programs, municipalities are learning to work together to resolve intermunicipal land use issues.
Local Land Use: Decision Expands Federal Government's Role, John R. Nolon
Local Land Use: Decision Expands Federal Government's Role, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Environmental Protection Agency (EPA), pursuant to its authority under the Clean Water Act, has promulgated regulations creating the Storm Water Management Program. Contrary to the overall Clean Water Act scheme, which focuses on reducing pollution from point sources, the program has the objective of reducing non-point source water pollution. However, this program is not without controversy as heavy burdens are placed upon local governments, who themselves lack the financial resources, manpower, or technology to implement a complex federal system without federal or state assistance.
Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon
Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Great uncertainty surrounds the New York Open Meetings Law (OML), a law that permits the public to attend meetings of public bodies. Obviously, the OML becomes especially crucial in the area of land use where public governmental meetings are the norm, and conflicts usually involve several interested parties. This article delves into OML issues such as, what constitutes a public meeting, and the importance of having meetings open to the public.