Land Use Law Commons^™

China’S Strategic Calculus: A Comparative Analysis Of China’S Approaches Towards The Philippines And Vietnam In The South China Sea Dispute, Letian Wang

CMC Senior Theses

The South China Sea (SCS) dispute is a longstanding territorial conflict involving several surrounding states. In this paper, I analyze the differences in China’s policies towards the Philippines and Vietnam as China exerts its expansion into the SCS using relevant International Relations theories. The Philippines’ democratic values, alliance with the U.S., small-scale volume of trade with China, and active strategies against China all contradict China’s interests to be the regional hegemonic power. In contrast, Vietnam’s socialist regime, alliance with China, substantial trade with China, and passive strategies do not contradict China’s interests as much and even comply with them. Hence, …

Do Americans Support More Housing?, Michael Lewyn

Scholarly Works

An analysis of opinion poll data on housing issues. The article finds that Americans generally believe that their community needs more housing of all types, but are more closely divided about whether such housing should be in their own neighborhoods. The article further finds that members of minority groups, lower-income Americans, and younger Americans are more pro-housing than older, affluent whites.

Incomplete Streets, Michael Lewyn

Scholarly Works

Over 1700 complete streets policies have been adopted by state and local government; these policies typically provide that streets shall be designed to benefit all users, not just motorists. This article analyzes some complete streets policies, and concludes that even above-average policies are often too vague and underfunded to significantly change the status quo. The article suggests a variety of reforms that might make complete streets policies more effective.

Unlocking The West: A Critique Of Previous Statutory Attempts And A Proposed Statutory Solution To Allow Access To Corner-Locked Public Land, Sawyer J. Connelly

Graduate Student Theses, Dissertations, & Professional Papers

Across the American West, 9.52 million acres of federal and state public lands are inaccessible to the public. The legality of accessing much of those public lands through corner-crossing is unclear in the law because, in the infinitesimal space where four corners of land meet in a checkerboard pattern, there is ambiguity; neither private landowners nor the public can assert an exclusive right or absolute control without infringing upon the rights of the other. This paper discusses the origins of landlocked public land, common law doctrines that inform legal actors in this space, and analyzes federal statute and state legislative …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School

Reports and Resources

No abstract provided.

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …

The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio

Journal of Comparative Urban Law and Policy

This paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of …

Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

Traveler lodging has been around since humans created tribes and certainly since they invented civilization. The internet and the rise of peer-to-peer, short-term housing has accelerated traveler and lodging opportunities. Today, Airbnb alone has nearly three million hosts offering more than seven million listings. This article explores the rise of “peer-to-peer,” or P2P housing, and offers economic, planning, and public policy perspectives.

Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs

Journal of Comparative Urban Law and Policy

According to the Food and Agriculture Organization of the United Nations, one-third of all food produced for human consumption, approximately 1.3 billion tons per year, is wasted or lost globally. Data as of March 1, 2020 indicates that Europe produces 88 million tons of food waste annually, of which approximately one million tons is food waste from Portugal. Portugal has, and Lisbon in particular has, been a leader on food loss and waste policy issues. This article will detail Portugal’s efforts to reduce food waste as well as other countries efforts.

Introduction, Karen Johnston

Journal of Comparative Urban Law and Policy

This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Lisbon Program.

Rock Climbers, Public Outrage, And Deliberate Fires: An Expedition To Public Lands On The East Coast, Kat Manchester

CAFE Symposium 2023

Many are familiar with national public lands like national parks, forests, and monuments. But people are often unaware of the complex histories of these lands and the current problems facing their management. This project focuses on various public lands on the East Coast, including the Wayne National Forest, New River Gorge National Park, and the Monongahela National Forest. This poster examines the history of these lands, how they are viewed conceptually, and the managerial challenges currently facing them.

An Expedition To The Public Lands: Public Lands Of The Mid-Atlantic Region, Madeleine G. Ulman

CAFE Symposium 2023

This hypothetical "expedition" explores the complex history and managerial challenges of four different public lands in the Mid-Atlantic region: Pinelands National Reserve, Assateague Island National Seashore, Shenandoah National Park, and Monongahela National Forest. Additionally, the conceptual ideas of nature as commodity and nature as static or unpeopled in the context of public lands will be discussed in this expedition.

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Using Youtube To Explain Housing, Michael Lewyn

Scholarly Works

In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.

The Case Against The Case For Zoning, Michael Lewyn

Scholarly Works

Critiques an article defending zoning. In particular, the article notes that a traditional justification for zoning is that it conserves community character. This argument fails because when people priced out of exclusive neighborhoods move to other areas, they change the character of the receiving area. Similarly, the argument that zoning prevents infrastructure from being overloaded overlooks the fact that if people priced out of one area move to a cheaper area, the latter area's infrastructure is equally burdened. A third argument is that zoning allows local governments to push the costs of growth to developers- but the sluggish growth of …

Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford

FIU Law Review

My intention is to research and write on article on Cuba's energy future. Specifically, I plan to consider the options for a sustainable energy future using renewable energy sources and not carbon-dependent sources. This analysis will require both an examination of the island's historical energy challenges as well as consideration of the options for developing a sustainable energy infrastructure with international governmental (e.g. UN, World Bank etc.) and regional governmental (e.g. EU) support- an analysis that will also require consideration of the island nation's socialist political system and its willingness to engage internationally. The topic is one, clearly, with implications …

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

The 30x30 Program: A Federal Land Grab?, J. David Aiken

Cornhusker Economics

In January 2021, the Biden Administration issued a climate policy executive order.[2] [or EO].[3] Section 216 of the Biden climate EO, Conserving & Protecting our Nation’s Lands & Waters, directed the U.S. Department of the Interior, the U.S. Department of Agriculture, and the U.S. Department of Commerce (which includes NOAA, the U.S. National Oceanic & Atmospheric Administration) to prepare a report “recommending steps that the United States should take, working with state, local, tribal and territorial governments, agricultural and forest landowners, fishermen and other key stakeholders to achieve the goal of conserving at least 30% of our lands and waters …

Afterword - It Has Been A Good Ride, Julian Conrad Juergensmeyer, James Nicholas

Journal of Comparative Urban Law and Policy

No abstract provided.

Beyond Brownfields Redevelopment: A Policy Framework For Regional Land Recycling Planning, Joseph Schilling

Journal of Comparative Urban Law and Policy

The fields of urban policy and urban planning lack a cohesive and comprehensive framework for recycling vacant and abandoned properties. Past and present efforts to repurpose vacant land and abandoned properties were often narrow responses driven primarily by economic redevelopment policies such as urban renewal of the 1950s & 1960s, deindustrialization of the 1970s & 1980s, and the public-private partnerships featured during the 1990s & 2000s. The 2008-2015 mortgage foreclosure crisis and Great Recession put the policy spotlight on how to address the widespread impacts from thousands of vacant and/or foreclosed homes that affected diverse markets and communities across the …

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based …

The Evolution Of Fiscal Impact Analysis And Where It Needs To Go, L. Carson Bise, Colin Mcaweeney

Journal of Comparative Urban Law and Policy

Communities need analytical tools and technical support to assess and balance multiple priorities when making land use and development decisions. For many communities, priorities to be considered regarding land use decisions include resource conservation and climate adaptation, economic development, investing in new versus existing communities, and maintaining fiscal responsibility. This article examines the historical use of fiscal impact analysis and some thoughts on where the field should go in the future.

Advances In Planning Analysis And Engagement, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

No abstract provided.

Adventures In Land Use Dispute Resolution: Utah's Innovative Program To Provide "Free" Legal Advice To Local Government, Neighbors, And Property Owners, Craig Call

Journal of Comparative Urban Law and Policy

Utah may have the nation’s most robust process allowing citizens to question local government land use decisions. This exists in the Office of the Property Rights Ombudsman (OPRO), created in 1997 and charged to assist in land use disputes in 2006. In three parts, this article divides an overview of the history of that office into two eras, evaluates one of the key functions of the current era—the preparation of advisory opinions (AOs), and suggests that Utah’s OPRO is a useful model for other states to consider. Most of this article focuses on the debates leading to the second era …

Saving The World Through Zoning: The Sustainable Development Code, Regeneration, And Beyond, Jonathan Rosenbloom, Chris Duerksen

Journal of Comparative Urban Law and Policy

The land use and planning community began to address sustainability at the local level in the 1990s, but in reality, state-of-the-art development codes drafted in the 1990s and early 2000s did little to address climate change, energy conservation, community health, loss of biodiversity, shifting biochemical cycles, racial justice, food supply, and other key sustainability issues. This article reviews past challenges that had to be overcome for sustainable development codes to become mainstream. The good news is that an increasing number of local governments are adopting ambitious sustainable development codes that hold great promise to not only protect the environment and …

Land Use Trends In The Rocky Mountain West: The Role Of The Rocky Mountain Land Use Institute, Susan Daggett

Journal of Comparative Urban Law and Policy

As one of the fastest-growing regions of the country, the communities of the intermountain West are poised to lead the nation in many ways, including how we manage change, create communities, and foster local places that contribute to a very high quality of life by nurturing and valuing the natural assets that make this region so special. This essay will reflect on how development patterns in the region have shifted over time. This essay will also ponder some potential emerging trends and areas of focus for the future, in the hopes that future scholars, students, and practitioners will build on …

The Rise And Fall Of Smart Growth: An Exploration Of The Appearance Of Smart Growth And Related Terms In Google Searches, Apa Conference Programs, And Selected Newspapers, Gerrit Knaap, Rebecca Lewis, Arnab Chakraborty, Katy June-Friesen, Naman Molri

Journal of Comparative Urban Law and Policy

Smart growth was conceived in the mid to late 1990s as a fresh approach to urban development that was neither for nor against growth but sought to change its form and location as an antidote to urban sprawl. The prescription was supported by a broad network of organizations and promoted extensively nationwide. Toward that end, the U.S. Environmental Protection Agency launched the Smart Growth Network that includes many of the nation’s premier planning, development, environmental, and local government organizations. Today, many would argue that smart growth has become the predominant planning paradigm in the United States.

It has now been …

Growth Management's Fourth Wave, Revisited, Tim Chapin, Lindsay E. Stevens

Journal of Comparative Urban Law and Policy

In this article we provide an update to Timothy S. Chapin’s article, “From Growth Controls, to Comprehensive Planning, to Smart Growth: Planning's Emerging Fourth Wave,” published in 2012 in the Journal of the American Planning Association. It takes advantage of a decade of insight into national planning and development trends, as well as our experience with growth management in Florida to rethink this fourth wave. Notably, forces have emerged to fight centralized, state and local-directed land planning, led by a powerful development industrial complex. We conclude that growth management may struggle to remain a centerpiece of the planning profession unless …