Land Use Law Commons^™

Innovative Approaches To Urban Water Conservation, Tom Griswold

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

The Courts Vs. The Cities, Michael Lewyn

Scholarly Works

This article suggests that the federal courts' 20th-century desegregation case law contributed to suburban sprawl by encouraging "white flight" from central cities.

The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein

Law Faculty Articles and Essays

This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …

Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.

Law Faculty Articles and Essays

In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …

Water Marketing And The Law, Mark Squillace

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

13 pages.

Economic And Social Impacts Of Agriculture-To-Urban Water Transfers: The Arkansas Valley Of Colorado, Charles W. Howe, Jeffrey K. Lazo

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

20 pages.

Contains 1 page of references.

The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes 1 map).

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.

Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

34 pages (includes illustration).

Contains 2 pages of references.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Changing Demand For Water In The West, Kenneth D. Frederick

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

19 pages.

Contains references.

Sources Of Water Iii: Interstate Transfers, Clyde O. Martz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

35 pages.

Contains references.

Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

49 pages.

Contains references.

Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages.

Contains references.

Sources Of Water Ii: Federal Water Projects, Bruce C. Driver

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

46 pages.

Contains references.

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein

Law Faculty Articles and Essays

Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …

Growth Management In The 1980s: A New Consensus And A Change Of Strategy, Susan M. Sinclair

New England Journal of Public Policy

After a decade of relative silence on the issue of land use planning, legislatures in several states are reassessing the relative roles of state and local governments in the management of growth and development. When state governments first addressed the land use issue in the late 1960s and the early 1970s, environmental concerns dominated the debate. During this period a number of states established regulatory mechanisms for bringing certain kinds of development under state review. During the late 1970s and early 1980s there was a hiatus in state-level activity on land use issues. Since 1985, however, the issue has reemerged …

The Problems Of Rural Reindustrialization: A Case Study Of Monroe, Massachusetts, Jeanne H. Armstrong, John R. Mullin

New England Journal of Public Policy

Owing to the departure of the mill industry from rural New England, many small towns have suffered erosion of their economic base. These towns and villages face a declining population, vacant mills, and an aging workforce. Monroe, Massachusetts, is an example of the problems of rural reindustrialization. This article concludes that state intervention is required for the restoration of productivity.

Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating

Law Faculty Articles and Essays

CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.

Law Faculty Articles and Essays

In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …

A Prolegomenon To Understanding The Developer’S True Statutory Responsibilities Under Seqra, Donald S. Snider, Gerald M. Levine

Touro Law Review

No abstract provided.

Off-Reservation Marketing Of Indian Water, Steven J. Shupe

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

12 pages.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

42 pages (includes illustrations and maps).

Cooperative Agreements Between Tribes And The States, Bernard P. Becker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

36 pages.

The Historical Policy Of Federal Restraints On Resource Development In Indian Country, Robert A. Williams, Jr.

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

6 pages.

Contains references.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.