Land Use Law Commons^™

Solar Energy Development, State Constitutional Interpretation And Mount Laurel Ii: Second-Order Consequences Of Innovative Policymaking By The New Jersey Supreme Court, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.

Lawyering In First-Year Property, Joseph P. Tomain

Faculty Articles and Other Publications

This essay discusses the use of a role-playing exercise in a large (70-100 students), first-year Property II course. The central focus of the course is land use. The author uses a Board of Adjustment hypothetical, with students in the roles of lawyer, client, expert, and member of the Board of Adjustment. I first used the problem to encourage fact analysis. Even second-semester first-year students too easily ignore facts and focus on the "rules of law" seemingly to the exclusion of all else. After using this method, however, it became apparent that many more learning opportunities present themselves. In addition to …

Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

Faculty Works

No abstract provided.

The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady

UIC Law Review

No abstract provided.

Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack

Scholarly Works

Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …

The Self-Inflicted Hardship Rule In Pennsylvania Variance Law, Richard Gutekunst

Villanova Law Review (1956 - )

No abstract provided.

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.

The Impact Of Act 249 Of 1978 Upon The Casey Pending Ordinance Doctrine In Pennsylvania Exclusionary Zoning Litigation, John M. Hyson

Villanova Law Review (1956 - )

No abstract provided.

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen

West Virginia Law Review

No abstract provided.

The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill

West Virginia Law Review

No abstract provided.

Kaiser Aetna V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Tort Liability And Recreational Use Of Land, Michael S. Buskus

Buffalo Law Review

No abstract provided.

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.

Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker

West Virginia Law Review

No abstract provided.

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …

Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil

UIC Law Review

No abstract provided.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro

Buffalo Law Review

No abstract provided.