Law Commons^™

Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain

Fordham Law Review

No abstract provided.

Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams

Journal Publications

This volume presents a series of papers delivered in 1975 at a conference entitled "The Taking Issue: An Economic Analysis." It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as "Planning Without Prices." Several distinguished commentators, both legal and economic, comment on Johnson's position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis.

Provisional Series 3 Projections: Population, Housing, Employment, And Land Uses - San Francisco Bay Region, Association Of Bay Area Governments

California Agencies

No abstract provided.

State Land Use Statutes: A Comparative Analysis, Ernest J.T. Loo

Fordham Law Review

No abstract provided.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.

Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter

Dalhousie Law Journal

The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the …

Some Aspects Of Title By Registration In The Maritime Provinces Of Canada, Robert Stein

Dalhousie Law Journal

The Maritime Provinces of Canada are engaged in a complete restructuring of the present conveyancing system by the implementation of a comprehensive land management system with centralized availability of information on titles and land use. It is the hope of the proponents of the program' that it will result in a uniform and simple system to replace the present antiquated land registration procedure which, apart from the "conveyancing" problems caused by its lack of certainty, is seen by the proponents as a major barrier to effective management and control of land use.

Land Use: Exclusion Of Non-Indians From Tribal Lands--An Established Right, Joe D. Dillsaver

American Indian Law Review

No abstract provided.

The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.

Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …

Comprehensive Land Use Plans And The Consistency Requirement, Kenneth Hart

Florida State University Law Review

No abstract provided.

Comprehensive Development Planning In England: Historical Experience And Some Comparisons With Florida's Proposed Legislation, Eric Barendt

Florida State University Law Review

No abstract provided.

Zoning The Reservation--Village Of Euclid Meets Agua Caliente, Osborne M. Reynolds Jr.

American Indian Law Review

No abstract provided.

Transferable Development Rights As A Basis For Land Use Control, Donald M. Carmichael

Florida State University Law Review

No abstract provided.

Land Use Controls In Coastal Areas, Richard C. Ausness

Law Faculty Scholarly Articles

Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …

Book Reviews, Judith T. Younger, Joseph R. Crowley

Fordham Urban Law Journal

Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …

Preserving Agricultural And Open-Space Lands: Legislative Policymaking In California, Institute Of Governmental Affairs

California Agencies

No abstract provided.

Land-Use Planning And Regulation On The California Coast: The State Role, Institute Of Governmental Affairs

California Agencies

California's thousand-mile coastline is one of her most precious and intensively used resources; about three-fourths of the state's population, about 15 million people in 1970, live within an hour's drive of the Pacific shoreline. Because of these facts Californians have become increasingly interested of late in formulating a statewide policy on the development and conservation of their coastal resources. This paper will provide a history of state policy in this field and a discussion of the various efforts to give the state government a greater role in the regulation of coastal land use. It will focus in addition on the …

Special Project - Nashville Model Cities: A Case Study, Richard W. Creswell, Alan Gates, Paul M. Kurtz, Paul R. Regendorf, Samuel W. Bartholomew, Jr., Richard K. Greenstein

Vanderbilt Law Review

The future of the Model Cities program in Nashville is difficult to predict. As of this writing, the program is approaching the end of the first of five action years. The suit filed by the CCC in April 1971, is,more than a year later, still pending. It is, of course, possible that the program may eventually prove successful, but such a result is unlikely. Even if the CCC is replaced as the official citizen participation structure for the program, the ideological constituency from which the group derives its strength will remain. Furthermore, as the CDA continues to build an ad …

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Land Use Control Principles Applied To Offshore Coastal Waters, Orlando E. Delogu

Kentucky Law Journal

No abstract provided.

Book Review. Land Ownership And Use: Statutes And Other Materials By Curtis J. Berger, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Special Treatment Of Cemeteries, David H. Getches

Publications

No abstract provided.

Land Use Planning For Industrial Development, Peter J. Winders

Vanderbilt Law Review

For many reasons, a political unit may decide to undertake a program of encouraging the establishment of industry within its borders. This may be effectively done by informing entrepreneurs of the locational advantages which sites within the jurisdiction offer and by increasing the attractiveness of the sites. Research necessary to provide industry with information about possible plant sites and resources will provide part of the data from which projections may be made as to future development of the area. When such projections indicate that an area is one which will in the future be a desirable location for industry, steps …

"Ex Post Facto" Zoning

Fordham Law Review

No abstract provided.

Public Regulation Of Land Use In South Carolina, Julian H. Toporek

South Carolina Law Review

No abstract provided.

Zoning--When Has One An Existing Use?, Melvin Scott

Kentucky Law Journal

No abstract provided.

Land Controls In An Urban Society, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.