Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Land Use Law (51)
- State and Local Government Law (17)
- Environmental Law (14)
- Property Law and Real Estate (8)
- Constitutional Law (5)
-
- Social and Behavioral Sciences (5)
- Legislation (4)
- Urban Studies and Planning (4)
- Administrative Law (3)
- Architecture (3)
- Energy and Utilities Law (3)
- Legal Ethics and Professional Responsibility (3)
- Civil Law (2)
- Environmental Sciences (2)
- First Amendment (2)
- Housing Law (2)
- Physical Sciences and Mathematics (2)
- Public Affairs, Public Policy and Public Administration (2)
- Urban, Community and Regional Planning (2)
- Water Law (2)
- Water Resource Management (2)
- Agriculture Law (1)
- Business (1)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Economics (1)
- Energy Policy (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Design (1)
- Institution
-
- Selected Works (32)
- Pepperdine University (15)
- SelectedWorks (3)
- William & Mary Law School (2)
- California Polytechnic State University, San Luis Obispo (1)
-
- Florida State University College of Law (1)
- Fordham Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Michigan Law School (1)
- University of Montana (1)
- University of Richmond (1)
- University of South Carolina (1)
- University of Southern Maine (1)
- Publication
-
- Patricia E. Salkin (24)
- Pepperdine Law Review (14)
- Nicole Stelle Garnett (4)
- Articles & Chapters (1)
- Dawn E Jourdan (1)
-
- Faculty Publications (1)
- Fordham Law Review (1)
- Jenny J. Tang (1)
- Journal Articles (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Kenneth Stahl (1)
- Margaret F Brinig (1)
- Master's Theses (1)
- Michael E Lewyn (1)
- Michigan Journal of Gender & Law (1)
- Pace Law Review (1)
- Philip C. Dales (1)
- Public Land & Resources Law Review (1)
- Scholarly Publications (1)
- Scholarly Works (1)
- Sustainable Communities Capacity Building (1)
- Tim Iglesias (1)
- University of Richmond Law Review (1)
- Virginia Coastal Policy Center (1)
- Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26) (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 65
Full-Text Articles in Law
Williams V. Board Of County Commissioners Of Missoula County, Ross Keogh
Williams V. Board Of County Commissioners Of Missoula County, Ross Keogh
Public Land & Resources Law Review
The Montana Supreme Court affirmed the Fourth Judicial District Court’s holding that Montana Code Annotated § 76-2-205(6) was an unconstitutional delegation of legislative power. The statute contains a “protest provision” which enabled landowners owning 50% of the property taxed as forest or agriculture to stop zoning decisions. The case resulted from efforts by Missoula County to zone land north of Lolo to address public health and safety concerns posed by gravel mining, and asphalt production operations, proposed by Liberty Cove, Inc. The Court also found the protest provision of the statute severable from the general zoning power.[1]
[1] Williams, …
Unbundling Homeownership: Regional Reforms From The Inside Out, Nicole Stelle Garnett
Unbundling Homeownership: Regional Reforms From The Inside Out, Nicole Stelle Garnett
Nicole Stelle Garnett
Two vexing puzzles plague American land use regulators. The first puzzle is how to protect property owners from harmful spillovers without unduly stifling land use diversity. The dominant forms of land use regulation in the United States - zoning and private covenants - rely on ex ante prohibitions. Yet, since local governments and private developers rarely can calibrate the level of regulation to residents’ true preferences, the costs imposed by these regulations tend to exceed the benefits of actual harm prevention. The result is the over-protection of property owners and, and, many would argue, a monotonous, sterile, inefficient, and inconvenient …
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
Nicole Stelle Garnett
Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
Nicole Stelle Garnett
Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …
Ordering (And Order In) The City, Nicole Stelle Garnett
Ordering (And Order In) The City, Nicole Stelle Garnett
Nicole Stelle Garnett
Over the past two decades, the broken windows hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle …
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Philip Carter Strother, Andrew E. Tarney
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Philip Carter Strother, Andrew E. Tarney
University of Richmond Law Review
No abstract provided.
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
Margaret F Brinig
Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center
Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center
Sustainable Communities Capacity Building
This issue brief is intended for town officials who want to understand how development regulations in their community affect local water resources. Municipal development codes – the set of regulations that control the built environment – can have a great influence on the availability of clean and healthy water for drinking, recreation, and commercial uses. This in turn affects the community’s social, environmental, and economic vitality.
Comprehensive plans, zoning codes, and building standards are just a few examples of regulations that intentionally or unintentionally regulate the way water is transported, collected and absorbed. Regulations that produce dispersed development or large …
Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie Boyd
Pace Law Review
This Article attempts to present a more comprehensive and detailed examination of the place of apartments—before, during, and after the enactment of zoning—than has been presented in the literature to date through an examination of the impact of apartment houses on both pre-zoning land use patterns and the zoning process in New Haven. This Study examines the period between 1912 and 1932, with a particular emphasis on the period between 1922 and 1926. The latter period begins with the selection of New Haven’s first Zoning Commission in 1922 and concludes with the passage of New Haven’s first zoning ordinance in …
Addressing The Administration Of Planned Developments: The Case Of Arroyo Grande, California, Matthew J. Downing
Addressing The Administration Of Planned Developments: The Case Of Arroyo Grande, California, Matthew J. Downing
Master's Theses
The City of Arroyo Grande, California has a problem administering the
regulations of five Planned Developments in the City. This problem arises
from these regulations being included in a 167-page appendix at the back of
the City’s Development Code. This appendix includes the original approvals
for the Developments. It also includes amendments to those approvals.
These amendments are only added to the appendix. Therefore, changes to
the regulations governing the Planned Developments are not tracked. It
takes City staff considerable amounts of time to research answers when
members of the public have questions regarding development in one of these
Developments. …
Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales
Something Rich And Strange: Progressive Land Use Regulation And The Takings Doctrine, Philip C. Dales
Philip C. Dales
ABSTRACT:
Something Rich and Strange: Progressive Zoning and the Takings Doctrine.
Philip Carter Dales
May, 2013
University of Maryland Francis King Carey School of Law
The list of municipalities adopting form-based codes continues to grow, with one study putting the number at over 250, including Miami, Denver, Cincinnati and other major cities around the United States. These codes represent land use regulation that is fundamentally different from traditional Euclidean zoning. Rather than prescribing allowable uses, FBCs focus on the governance of form, with the goal of ensuring predictable outcomes for the built environment and simplifying complex use-based zoning ordinances.
In …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin
Patricia E. Salkin
No abstract provided.
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Patricia E. Salkin
This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin
The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin
Patricia E. Salkin
Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …
Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin
Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin
Patricia E. Salkin
This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.
American Law Of Zoning, Patricia Salkin
Law Of The Land – Year In Review, Patricia E. Salkin
Law Of The Land – Year In Review, Patricia E. Salkin
Patricia E. Salkin
This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Patricia E. Salkin
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
New York Zoning Law And Practice, 4th Edition, Patricia Salkin
New York Zoning Law And Practice, 4th Edition, Patricia Salkin
Patricia E. Salkin
This resource discusses the creation and enforcement of state zoning regulations, including organizational and substantive changes and updates. All phases of zoning, planning, subdivision control, and the evolution of land-use controls are covered with respect to administrative and judicial considerations. Hundreds of cases noted in previous annual supplements have been integrated into the text, as well as new chapters on issues impacting the field. Includes extensive forms, zoning definitions, ordinance and charter provisions, and web sites of interest to land-use lawyers.
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Patricia E. Salkin
This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.
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
Patricia E. Salkin
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 …
Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin
Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin
Patricia E. Salkin
Observing that a disproportionate number of reported cases highlighted inn the Law of the Land blog (www.lawoftheland.wordpress.com) are opinions addressing the subject of nonconforming uses, this column attempts to unravel some of the legal issues that stem from poor drafting of these provisions in zoning regulations, and demonstrates options for practitioners and drafters to better regulate for the eventual disappearance of nonconformities.
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
Patricia E. Salkin
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.
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.