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Articles 61 - 71 of 71

Full-Text Articles in Land Use Law

Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki Jan 1993

Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki

Fordham Urban Law Journal

Since the early 19th century, American city planning and architectural design has sought to reconcile the city with the countryside. During the late 19th and early 20th centuries, city planning focussed on bringing elements of the country to the urban landscape, while for much of the 20th century architectural designs sought to make the city more accessible to suburbanites. Both approaches to urban planning were based on architectural modernism, which led to city development plans that reflected developers' subjective value laden biases about urban life. The result was significant urban decay as zoning regulations and utilitarian city planning resulted in …

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Introduction: Big Cities, Big Problems: Solutions For The 1990s Jan 1992

Introduction: Big Cities, Big Problems: Solutions For The 1990s

Fordham Urban Law Journal

Introduction to the issue containing essays submitted in conjunction with the First Annual Stein Center Symposium on Contemporary Urban Challenges, Big Cities, Big Problems: Solutions for the 1990s.

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New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq. Jan 1992

New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.

Fordham Urban Law Journal

Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …

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The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox Jan 1987

The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox

Fordham Urban Law Journal

This Article outlines the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey's Fair Housing Act. The author argues that, as implemented, RCAs thwart the Mount Laurel doctrine's explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities. The article concludes that, because the RCAs thwart some of the basic goals of the Mount Laurel doctrine, the New Jersey Fair Housing Act can no longer be described as a codification of that doctrine and substantial …

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Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza Jan 1982

Municipal Solid Waste Regulation: An Ineffective Solution To A National Problem, Donna R. Lanza

Fordham Urban Law Journal

The volume of solid waste, particularly in urban areas, is increasing, and both public heath and the environment are in jeopardy because disposal methods have not kept pace. This Comment examines the historical role that municipalities have played in providing adequate methods for solid waste disposal, emphasizes the traditional methods of zoning and critiques the effectiveness of municipal regulation. It reviews recent federal and state solid waste management acts and analyzes the issue of preemption. This Comment also discusses the constitutionality of state and municipal waste bans. In conclusion, this Comment recommends more effective methods for states and municipalities to …

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Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten Jan 1975

Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten

Fordham Urban Law Journal

This book is a collection of published and unpublished articles written by the author during the 1960s which deal with both the body of knowledge of urban planning and the channels through which it is presumably implemented. Outstanding among the several themes which emerge from these essays is the inescapable need to examine and evaluate the function of cities and the role of city planners. Kaplan couches his discussions in terms of the past and present foci of the planning field, newer community roles for planners, and his own suggestions concerning policies and programs.

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Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson Jan 1975

Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson

Fordham Urban Law Journal

New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …

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Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale Jan 1975

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale

Fordham Urban Law Journal

There is no particular policy reason why the same line should be used for both the upland boundary of the jus publicum and the seaward boundary of parcels bounded "by the sea." In interpreting the language used in grants of private interests, the ostensible object of the inquiry is to ascertain the parties (particularly the grantor's) intent. Subject only to limitations on the grantor's estate or power to convey, it is that intention which controls the extent of his transfer. On the other hand, in setting the upland boundaries of lands subject to the jus publicum, the courts are essentially …

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Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn Jan 1975

Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn

Fordham Urban Law Journal

The zoning power, though based on the police power of the states, has traditionally been granted to local communities through various state enabling statutes. These enabling statutes permit local enactment of zoning ordinances only to the extent that they bear a substantial relation to the "health, safety, morals, or general welfare" of the community. With the migration of middle-class city dwellers to thc suburbs after World War II, zoning has become more than a means of maintaining the proper mix of land-use patterns in a community. Rather, in fear of overly rapid development and irreversible alteration of their community character, …

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Book Reviews, Judith T. Younger, Joseph R. Crowley Jan 1973

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 …

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Residential Densities: A Patchwork Placebo, Stephen Sussna Jan 1972

Residential Densities: A Patchwork Placebo, Stephen Sussna

Fordham Urban Law Journal

This article examines the importance of residential density planning in today's society and the misapplications of this concept which have led to serious inequities in the population distribution of major American urban areas. The article will also discuss one of the great obstacles to the achievement of a rational population distribution, namely, exclusionary zoning ordinances. Finally, it will evaluate the future of density planning, specifically examining "ideal densities" and "efficient design for new communities" as well as the judicial implications of the problem. Several recommendations will also be made which, if implemented, would alleviate some of the difficulties that permeate …

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