Law Commons^™

Improvement Of The Management System Of Land-Water Use In Agriculture, N. Skripnikov

Review of law sciences

In this article, the improvement of the land-water management system in agriculture is considered through the prism of the tasks formulated in the Development Strategy of Uzbekistan for 2017–2021, emphasizing the process of reorganization of the legal status of the state administration bodies of the State Committee for Land Resources of Geodesy, Cartography and State Inventory, the Ministry of Agriculture and Water Resources, with a special role of local authorities, which are the subjects of agricultural production; in the conclusion of current article the role of the Decree of the President of the Republic of Uzbekistan "On Measures for Cardinal …

Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier

Maine Law Review

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …

Federal Railroad Power Versus Local Land-Use Regulation: Can Localities Stop Crude-By-Rail In Its Tracks?, Matthew C. Donahue

Washington and Lee Law Review Online

No abstract provided.

Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn

Maine Law Review

Thirty years ago, a developer who wanted to build a shopping center had to do little more than obtain a building permit to go forward with the project. Today, however, the regulation and review of development projects involves a lengthy process of securing a series of permits, often including site plan or subdivision approvals, traffic studies, and environmental impact reviews. Navigating this review process forces developers to negotiate with the community and design their projects to fit the applicable standards adopted by the local, state, and federal regulations, arguably improving the quality of development in our communities. But the lengthy …

Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri

Chicago-Kent Law Review

No abstract provided.

Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack

Chicago-Kent Law Review

No abstract provided.

The Legal Regulation Of Limits Of Land Plots, G. Uzakova

Review of law sciences

In the article, the auther reveals the concept and legal bases of rationing of land use and gives the short characteristic of rationing of land use in the Republic of Uzbekistan. Law-enforcement practices of such countries as the USA, Australia, Austria, Germany, Canada, Greece, Italy, Great Britain, and Denmark are analysed. Based on the carried-out analysis it is developed suggestions for improvement of the land legislation.

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.

2017 – The Development Of The Land Tenure And Water Systems In California And Specifically In The Salinas Valley Groundwater Basin [Draft]

Related Research and Documents

Beginning with the Aboriginal era through the Spanish, Mexican and United States eras, maps and governmental documents reflect the state of knowledge concerning California (and the Salinas Valley) along with the driving needs and policies that determined how water was used and managed. By examining the maps, it is possible to determine the state of knowledge in Europe (and later in the United States) as it related to the physical and geographical attributes of California prior to colonization and subsequently throughout the Spanish and Mexican periods. Governmental documents provide a window to how land was used and granted during the …

1845 - Conceptual Land Use Patterns Circa 1845 Inferred By Diseños Submitted To Mexican Government, Salinas Valley And Vicinity [Draft 2017]

Groundwater Basin Maps

Map depicting conceptual land use patterns circa 1845 as inferred by diseños submitted to the Mexican government in the Salinas Valley and surrounding vicinities.

1900 - Conceptual And Historical 1900 Land Use And Development In Salinas Valley And Vicinity [Draft]

Groundwater Basin Maps

A digitized map created in 2017 representing land use and development in the Salinas Valley and vicinity in 1900. The map reflects private rancho; high probability of harming and Irrigation areas; land suitable for grazing cattle, sheep and horses with some agriculture; California native habitat (least developed lands); canals; railroads; pump houses, oil seep, population centers; 1898 USGS Monterey County Road & Historic El Camino Real; Salinas River Watershed; Township and Range; County boundary; historic Mission sites; springs; wetland, sloughs and lakes; intermittent stream or slough; Salinas River; as well as rivers and streams. Data sources include Bureau of Land …

1997, April 14 – Salinas Valley Water Coalition Request To Monterey County Board Of Supervisors To Deny Tanimura & Antle’S Claim For Alternative Relief Filed On March 24, 1997.

Related Research and Documents

1997 correspondence, claim for alternative relief and supporting declarations and documents, all relating to issues pertaining to the operation of the Nacimiento and San Antonio reservoirs, the conveyance system and the delivery of water to parcels located in the Salinas River Groundwater Basin at the north end of Monterey County, California

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Maine Law Review

As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only the current …

Insuring Takings Claims, Christopher Serkin

Christopher Serkin

Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane

Articles

No abstract provided.

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.

Blood Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Inclusionary Takings Legislation, Gerald S. Dickinson

Articles

This Article proposes an alternative post-Kelo legislative reform effort called “inclusionary takings.” Like inclusionary zoning legislation, inclusionary takings legislation would trigger remedial affordable housing action to mitigate the phenomenon of exclusionary condemnations in dense urban areas and declining suburban localities. An inclusionary takings statute would also mandate that local municipalities and private developers provide affordable housing in new developments benefiting from eminent domain takings. Such a statute may ameliorate the phenomenon of exclusionary condemnations in dense urban areas that displaces low-income families from urban neighborhoods. An inclusionary taking, like inclusionary zoning, in other words, requires affordable housing contributions from developers …

Land Use Federalism's False Choice, Michael C. Pollack

Faculty Articles

Debates about land use federalism — like those about federalism more broadly — often focus on whether policies and priorities ought to be set at the national or local level. But such categorical judgments about national intervention are inadequate because they obscure the diversity of mechanisms by which nationalization can and does occur. This Article draws attention to the importance of this underappreciated legislative design choice and develops a framework within which to evaluate it. This Article observes that nationalization can take the form of rules that either displace local decisionmaking or channel it, and that those rules can be …

Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto

Elisabeth Haub School of Law Faculty Publications

As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.

On this premise, this Article seeks to make the case for the importance of, and …

Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto

Articles

As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.

On this premise, this Article seeks to make the case for the importance of, and …

Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett

Journal Articles

This article, which was delivered as the 2017 Environmental Distinguished Lecture at Florida State University, discussed the promises, perils and an unappreciated paradox of current efforts to use land use policy to densify and urbanize American communities.

Land Use Regulation As A Framework To Create Public Space For Speech And Expression In The Evolving And Reconceptualized Shopping Mall Of The Twenty-First Century, Gerald Korngold

Articles & Chapters

Much has been written lately about the “death” of malls and large-scale shopping centers. The data show, however, that the great numbers of these malls and centers are not going extinct but rather are undergoing an evolution from the fortress-type, retail-focused mall of the 1970s to a twenty-first century model better attuned to current tastes of citizens and consumers. There are indeed significant challenges, including purchasing trends, troubled brick and mortar retail, increased online sales, and living choices. But despite some shock-value headlines, the data show that the number of malls and large centers continue to increase. Moreover, owners are …

2007 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn