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Articles 901 - 930 of 1162
Full-Text Articles in Administrative Law
Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster
Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster
ExpressO
In a refreshingly clear and comprehensive decision issued towards the end of its 2004 Term, the Supreme Court explained in Lingle v. Chevron (2005) that the Takings Clause requires compensation only for the effects of a regulation on an individual’s property rights. Under the substantive due process doctrine, by contrast, courts engage in a deferential inquiry into both a regulation’s validity and the means by which the regulation attempts to meet the government’s objective. Lingle’s explanation appeared to cast doubt on the doctrinal foundation and reach of Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), …
Cityland – Vol. 3, No. 7, Center For New York City Law
Cityland – Vol. 3, No. 7, Center For New York City Law
CityLand - 2006
The August 2006 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved a controversial rezoning in Pelham Parkway and Indian Village, Bronx, and finalized designations for two West Village historic districts. The School Construction Authority received approval to convert the former Brooklyn Family Court into a high school. The Planning Commission approved Silvercup Studios’ 2-million-square-foot mixed-use development in Long Island City, and certified a downzoning proposal for Douglaston/Little Neck. A private developer’s rezoning in North Tribeca was approved despite opposition. The Commission also extended the inclusionary housing program to Queens for …
Cityland – Vol. 3, No. 6, Center For New York City Law
Cityland – Vol. 3, No. 6, Center For New York City Law
CityLand - 2006
The July 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a 70-block rezoning in Jamaica Hill and Hillcrest, Queens, including the creation of a new R5D zoning district. Forest City Ratner’s 75-story development in Lower Manhattan will include a public school. The Council also approved a lease for the South Brooklyn Marine Terminal and a 12-story homeless housing facility on East Houston Street. The Planning Commission approved a rezoning and pedestrian bridge for Manhattan College’s parking garage and supermarket project, and a special permit for public parking at the …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Cityland – Vol. 3, No. 5, Center For New York City Law
Cityland – Vol. 3, No. 5, Center For New York City Law
CityLand - 2006
The June 2006 issue of CityLand highlights significant land use, preservation, and development actions across New York City. The City Council approved a two-tower residential development on the Williamsburg waterfront and applied the Inclusionary Housing Program to the site. A mixed-use development combining a public school and residential tower was approved on the Upper East Side, facilitated by amendments to the Educational Construction Fund zoning provisions. The Planning Commission approved a 134-block rezoning in Maspeth and Woodside, Queens, and the construction of a new Willis Avenue Bridge over the Harlem River. BSA decisions included variances for a Williamsburg synagogue, a …
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
ExpressO
No abstract provided.
Cityland – Vol. 3, No. 4, Center For New York City Law
Cityland – Vol. 3, No. 4, Center For New York City Law
CityLand - 2006
The May 2006 issue of CityLand highlights significant land use and preservation developments across New York City. The City Council approved the rezoning of 83 blocks in Utopia Estates and Fresh Meadows, Queens, to curb oversized home construction. The Council also approved the designation of the Fieldston Historic District in the Bronx, rejecting allegations of discrimination. The Planning Commission approved a text amendment and special permits for a mixed-use development at 311 West Broadway in SoHo, and certified applications for air rights transfers from the Al Hirschfeld Theatre and multiple parking garages in the Columbus Circle area. BSA decisions included …
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
ExpressO
Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Publications
No abstract provided.
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Publications
No abstract provided.
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Publications
No abstract provided.
Cityland – Vol. 3, No. 3, Center For New York City Law
Cityland – Vol. 3, No. 3, Center For New York City Law
CityLand - 2006
The April 2006 issue of CityLand centers on the City Council’s approval of the new Yankee Stadium project in the Bronx, which includes a new stadium, 15.82 acres of new parkland, four parking garages, and a Yankees museum. The Council also held a hearing on the controversial designation of the Fieldston Historic District in the Bronx and approved a modified upzoning for two lots in East Windsor Terrace, Brooklyn. The Planning Commission approved the conversion of the Toy Center in Chelsea to residential use, a rezoning of 82 blocks in Bayswater and Far Rockaway, and a new DOT maintenance yard …
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
UF Law Faculty Publications
Before the merger of water law and land use planning can occur, local and state regulators need strong guidance from experts in the field, not only in extra-legal fields such as planning, hydrology, geology, engineering, biology, and transportation, but also in mainstream legal areas including legislation (local, state, and federal), administrative law, and enforcement. The purpose of this article is to identify a somewhat unorthodox source of guidance - the United States Supreme Court, specifically the Rehnquist Court from October, 1984, through June, 2005, a period of remarkable stability for the nation’s highest tribunal.
Cityland – Vol. 3, No. 2, Center For New York City Law
Cityland – Vol. 3, No. 2, Center For New York City Law
CityLand - 2006
The March 2006 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council approved rezonings in Sheepshead Bay and Homecrest, Brooklyn, and adopted follow-up corrective actions (FUCAs) for the Greenpoint-Williamsburg rezoning. The Planning Commission approved rezonings in Midwood, Pelham Bay, Westchester Square, and Middle Village/Glendale, as well as modifications to the High Line/West Chelsea district and the establishment of Flight 587 Memorial Park in Far Rockaway. A special permit for a parking garage in Gramercy was approved despite opposition from new Manhattan Borough President Scott Stringer. The Bay Ridge 5th …
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
ExpressO
The three takings decisions that the Supreme Court issued at the end of its October 2004 Term marked a stunning reversal of the Court’s efforts the past three decades to use the Takings Clause to define a set of constitutional property rights. The regulatory takings doctrine, which once loomed as a significant threat to the modern regulatory state, now appears after Lingle v. Chevron to be a relatively tame, if complicated, check on exceptional instances of regulatory abuse. At the same time, the Public Use Clause, formerly an inconsequential limitation on the state’s eminent domain authority, now appears ripe for …
Cityland – Vol. 3, No. 1, Center For New York City Law
Cityland – Vol. 3, No. 1, Center For New York City Law
CityLand - 2006
The February 2006 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved the redevelopment of the Bronx Terminal Market into a one-million-square-foot retail center and down-zoned 311 blocks in Whitestone, Queens. Staten Island saw three commercial rezonings and a text amendment to restrict residential-only development in commercial districts. The Council also approved zoning changes for Metropolis Studios in East Harlem and adopted 17 corrective amendments to the Hudson Yards revitalization plan. The Planning Commission approved rezonings in Baychester, Woodlawn, Ferry Point, Sheepshead Bay, and Homecrest. BSA decisions included variances for a …
An Environmental Pool For The Rio Grande, Kara Gillon
An Environmental Pool For The Rio Grande, Kara Gillon
Publications
The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …
Cityland – Vol. 2, No. 11, Center For New York City Law
Cityland – Vol. 2, No. 11, Center For New York City Law
CityLand - 2005
The December 2005 issue of CityLand highlights significant land use and preservation actions across New York City. The City Council approved rezonings in South Park Slope, Olinville (Bronx), and two Staten Island neighborhoods (Bay Terrace and Oakwood), aimed at curbing overdevelopment and preserving neighborhood character. The Council also overrode Mayor Bloomberg’s veto to reject the landmark designation of the Austin Nichols warehouse in Williamsburg. The Planning Commission approved a 718-space garage adjacent to the High Line and a new Business Improvement District in Flatbush. BSA decisions included variances for a NoHo mixed-use building, a West Village nursing home, and a …
Cityland – Vol. 2, No. 10, Center For New York City Law
Cityland – Vol. 2, No. 10, Center For New York City Law
CityLand - 2005
The November 2005 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council rejected the landmark designation of the Jamaica Savings Bank in Queens, while approving the Far West Village rezoning and the landmarking of the Plaza Hotel’s interior rooms. A proposed rezoning in Bedford-Stuyvesant was denied due to concerns over job loss. Staten Island saw the elimination of commercial overlays in 21 areas. The Planning Commission approved the transfer of Admiral’s Row to the Brooklyn Navy Yard and began concurrent review of Columbia University’s expansion and Community Board 9’s …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Cityland – Vol. 2, No. 9, Center For New York City Law
Cityland – Vol. 2, No. 9, Center For New York City Law
CityLand - 2005
The October 2005 issue of CityLand marks its one-year anniversary and features major land use and zoning actions across New York City. Highlights include the City Council’s approval of rezoning in Far Rockaway, College Point, and Rego Park, as well as a controversial sanitation garage lease extension in Williamsburg. The Council also approved a 26-story tower in Lenox Hill and a 388-foot residential tower in Tribeca. The Planning Commission approved the Ocean Dreams project in Coney Island, a Staten Island shopping center, and the elimination of commercial overlays in Staten Island. BSA decisions include approval of a SoHo residential building, …
Cityland – Vol. 2, No. 8, Center For New York City Law
Cityland – Vol. 2, No. 8, Center For New York City Law
CityLand - 2005
The September 2005 issue of CityLand highlights major land use and zoning actions across New York City. Key developments include the City Council’s approval of Enrique Norten’s glass tower at One York Street in Tribeca and a text amendment allowing heliostats and wind turbines atop buildings in Battery Park City. The Council also approved a housing project for the mentally ill in East New York. The Planning Commission approved a major mixed-use development at 270 Greenwich Street and a controversial parking garage in Chelsea. BSA decisions include a denied appeal for a Van Cortlandt Village development, a variance for Robert …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Cityland – Vol. 2, No. 7, Center For New York City Law
Cityland – Vol. 2, No. 7, Center For New York City Law
CityLand - 2005
The August 2005 issue of CityLand highlights significant land use and zoning actions across New York City. Key developments include the City Council’s approval of rezoning in East Flushing, Pelham Gardens, Cambria Heights, and Staten Island neighborhoods to curb overdevelopment and preserve community character. The Council also approved a new primary/intermediate school in Canarsie. Landmark actions include the designation of the Plaza Hotel’s interiors, the re-calendaring of Seaman Cottage, and hearings on the Drake-DeHart House and the Austin, Nichols & Co. Warehouse. BSA decisions feature approvals for residential conversions in College Point, Bay Ridge, and Astoria, and withdrawals of controversial …
Cityland – Vol. 2, No. 6, Center For New York City Law
Cityland – Vol. 2, No. 6, Center For New York City Law
CityLand - 2005
The July 2005 issue of CityLand highlights major land use and zoning developments across New York City. Key coverage includes the City Council’s approval of Lincoln Center’s redesign, featuring new public spaces, signage, and expanded cultural facilities. The Council also approved the West Chelsea/High Line rezoning, enabling the transformation of the elevated rail line into a public park. Other actions include the General Motors Plaza renovation, Rockefeller Center signage amendments, and the downzoning of Bensonhurst and Staten Island neighborhoods. The issue reports on the approval of a new bridge in the Bronx, a DUMBO Business Improvement District, and multiple affordable …
Cityland – Vol. 2, No. 5, Center For New York City Law
Cityland – Vol. 2, No. 5, Center For New York City Law
CityLand - 2005
The June 2005 issue of CityLand reports on significant land use and zoning actions across New York City. Highlights include the City Council’s approval of the Kissena Park downzoning, marking the fourth Queens neighborhood rezoned in 2005, and the final approval of the Greenpoint-Williamsburg rezoning. The issue also covers the approval of two new high schools in Brooklyn and Staten Island, modifications to the Millennium Hotel plaza, and the addition of two public parking garages in Lower Manhattan. HPD advanced seven affordable housing projects totaling 668 units. Landmark actions include the designation of the Summit Hotel and Ralph Bunche House, …
Cityland – Vol. 2, No. 4, Center For New York City Law
Cityland – Vol. 2, No. 4, Center For New York City Law
CityLand - 2005
The May 2005 issue of CityLand highlights major land use decisions and controversies across New York City. Key developments include the City Council’s approval of Project Greenhope’s transitional housing facility in East Harlem, and the modification of the Greenpoint-Williamsburg rezoning plan to increase affordable housing incentives and create an Industrial Business Zone. The issue also covers the downzoning of Springfield Gardens and Kissena Park in Queens, and the approval of new firehouse consolidations in Brooklyn. Landmark actions include the designation of the James L. Bedell House in Staten Island, hearings on the Crawford Clothes Building and the Robert Dickey House, …
Cityland – Vol. 2, No. 3, Center For New York City Law
Cityland – Vol. 2, No. 3, Center For New York City Law
CityLand - 2005
The April 2005 issue of CityLand highlights major zoning and land use developments across New York City. Key coverage includes the City Council’s approval of a 249-block downzoning in Bay Ridge to curb overdevelopment, and the Planning Commission’s approval of the Greenpoint-Williamsburg rezoning with incentives for affordable housing. The issue also reports on the creation of a new R2A zoning district to combat “McMansion” development in Bayside, Queens. Landmark actions include hearings on Morris Lapidus-designed buildings, designation of the Germania Bank Building, and controversy surrounding the proposed designation of the James L. Bedell House in Staten Island. Legal updates feature …
Cityland – Vol. 2, No. 2, Center For New York City Law
Cityland – Vol. 2, No. 2, Center For New York City Law
CityLand - 2005
This issue of CityLand covers significant land use and zoning developments in New York City as of March 15, 2005. Highlights include the withdrawal of BJ’s Warehouse proposal in the Bronx due to Council opposition, the expansion of the Port Morris mixed-use district, and a comprehensive rezoning of Kew Gardens and Richmond Hill to curb out-of-character development. The issue also reports on landmark approvals such as Balducci’s return to Greenwich Village and the renovation of the Beaver Building. Legal updates include court decisions on Two Columbus Circle and a challenge to the approval of an IKEA superstore in Red Hook. …