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Articles 121 - 150 of 157
Full-Text Articles in Land Use Law
Cityland – Vol. 4, No. 3, Center For New York City Law
Cityland – Vol. 4, No. 3, Center For New York City Law
CityLand - 2007
The April 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved redevelopment of the former Jamaica Courthouse into a mixed-use building incorporating the historic facade. The Planning Commission approved the sale of a former firehouse with a restriction for community use and a 369-space garage in Battery Park City. BSA decisions included a contentious appeal over a Breezy Point home, variances for residential buildings in Tribeca, and legalization of a NoHo hotel. Landmarks held a new hearing on re-inclusion of a Douglaston home into a historic district and calendared …
Cityland – Vol. 4, No. 2, Center For New York City Law
Cityland – Vol. 4, No. 2, Center For New York City Law
CityLand - 2007
The March 2007 issue of CityLand covers significant land use, preservation, and development actions across New York City. The City Council approved a modified bulk waiver for West 60th Street Associates’ mixed-use development, limiting its applicability to Manhattan Community Board 7. Council also passed amendments to the Department of Buildings’ self-certification program, tightening rules and enforcement. The Planning Commission approved the creation of the Court Livingston Schermerhorn BID in Downtown Brooklyn. BSA decisions included a variance for residential conversion in Carroll Gardens and legalization of a New York Sports Club in SoHo. Landmarks rejected designation of the Renaissance Ballroom in …
Cityland – Vol. 4, No. 1, Center For New York City Law
Cityland – Vol. 4, No. 1, Center For New York City Law
CityLand - 2007
The February 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council re-designated the First Avenue Estate buildings in Lenox Hill, reversing a 1990 Board of Estimate decision. A controversial rezoning in Douglaston and Little Neck was modified and approved. The Planning Commission approved a rezoning and special permits for a mixed-use development near Lincoln Center, including a new bulk waiver affecting ten community districts. BSA decisions included variances for a modern condo on Greenwich Avenue, denial of a catering hall in a Brooklyn yeshiva, and refusal to grandfather Park Slope …
Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold
Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold
Articles & Chapters
Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.
Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …
Cityland – Vol. 3, No. 11, Center For New York City Law
Cityland – Vol. 3, No. 11, Center For New York City Law
CityLand - 2006
The December 2006 issue of CityLand covers major land use, preservation, and legal developments across New York City. The City Council passed legislation increasing penalties for illegal construction and unauthorized demolition. BSA approved variances for residential and hospital developments in Chelsea and Queens, and a mixed-use project on a former cemetery site in Corona. Landmarks designated the New York Cab Company Stable but declined to landmark the Dakota Stables due to preemptive alterations. The Commission re-designated two City and Suburban Homes buildings in Lenox Hill, reversing a 1990 Board of Estimate decision. Hearings were held on three Far West Village …
Cityland – Vol. 3, No. 10, Center For New York City Law
Cityland – Vol. 3, No. 10, Center For New York City Law
CityLand - 2006
The November 2006 issue of CityLand covers significant land use, preservation, and development actions across New York City. The City Council approved the redevelopment plan for Stapleton Homeport in Staten Island, transforming a former Navy base into a mixed-use waterfront district. The Planning Commission approved rezoning in Prince’s Bay and special permits for hotel development over Amtrak rail lines in Clinton. BSA decisions included a variance for youth housing in the Bronx, denial of vested rights in Queens, and approval of Columbia University’s science building. Landmark actions included hearings on the Dakota and New York Cab Company stables in the …
Cityland – Vol. 3, No. 9, Center For New York City Law
Cityland – Vol. 3, No. 9, Center For New York City Law
CityLand - 2006
The October 2006 issue of CityLand highlights major land use, preservation, and development actions across New York City. The City Council held hearings on a proposal to create Industrial Employment Districts to protect manufacturing zones. The Planning Commission recommended an eight percent reduction in Forest City Ratner’s Atlantic Yards project and approved development in College Point after resolving landfill issues. BSA denied a grandfathering application in South Park Slope and approved variances for a SoHo development and a waterfront home in Douglaston. Landmark actions included approval of a 15-story building in the Ladies’ Mile Historic District, an emergency hearing on …
Cityland – Vol. 3, No. 8, Center For New York City Law
Cityland – Vol. 3, No. 8, Center For New York City Law
CityLand - 2006
The September 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a modified rezoning in North Tribeca, reducing building height and floor area in response to community opposition. Landmark designations for two Staten Island homes were approved despite owner objections. The Planning Commission approved a special permit for retail use at the Plaza Hotel and expanded air rights for the Hirschfeld Theatre. BSA decisions included denial of a permit for illegal demolition in Park Slope, approval of variances for the Whitney Museum expansion, residential use in Red Hook, a dormitory …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
Cityland – Vol. 2, No. 1, Center For New York City Law
Cityland – Vol. 2, No. 1, Center For New York City Law
CityLand - 2005
This February 2005 issue of CityLand highlights major land use and zoning developments in New York City. It covers the City Council’s approval of a large-scale residential and mixed-use development in Clinton, Manhattan, including two 24-story towers and a platform over an Amtrak rail cut. The issue also reports on modifications to the Hudson Yards plan, protection of natural areas, and expansion of Brooklyn high schools. Landmark designations and legal decisions are featured, including the creation of a new historic district in Queens and court rulings on building variances. The Center for New York City Law is honored with a …
Cityland – Vol. 1, No. 3, Center For New York City Law
Cityland – Vol. 1, No. 3, Center For New York City Law
CityLand - 2004
The December 2004 issue of CityLand covers major land use developments across New York City, including the approval of the Watchtower complex in DUMBO and the expansive Hudson Yards rezoning and redevelopment plan. It features updates on senior housing in Queens, rezonings in Clinton and Midtown South, and the creation of a new Business Improvement District near Yankee Stadium. Landmark decisions include the approval of a modern residential building in the Flatiron District, a new hotel in Tribeca backed by Robert De Niro, and the redesign of the Brooklyn Public Library plaza. The issue also includes court rulings on community …
Cityland – Vol. 1, No. 2, Center For New York City Law
Cityland – Vol. 1, No. 2, Center For New York City Law
CityLand - 2004
The second issue of CityLand continues its coverage of land use, zoning, and development decisions across New York City. It features updates on major projects including the withdrawal of the DUMBO tower proposal, the Harlem Park Hotel height modification, and the approval of the Red Hook Ikea development. The issue also includes decisions on affordable housing initiatives, landmark designations such as the Hamilton-Holly House and Bronx Zoo Lion House, and court rulings on zoning and land use disputes. Charts and summaries of ULURP certifications, BSA applications, and agency actions provide a comprehensive snapshot of citywide planning activity.
Cityland – Vol. 1, No. 1, Center For New York City Law, New York Law School
Cityland – Vol. 1, No. 1, Center For New York City Law, New York Law School
CityLand - 2004
The debut issue of CityLand introduces the publication’s mission to report on land use, zoning, and development decisions in New York City. It features coverage of major rezonings in Hudson Yards, Red Hook, and Harlem; landmark designations including Grant’s Tomb Pavilion and the Long Island NY Telephone Co. building; and summaries of public hearings and court decisions. The issue also includes a land use pipeline chart tracking active ULURP applications across the city.
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Articles & Chapters
Residential developments often create a general scheme of restrictions, operate common facilities, and establish an owners association to enforce the restrictions and operate the common areas. Private governments raise difficult public policy and legal issues. Private regimes should generally be enforced as they encourage the efficient use of land, allow choice in living arrangements, and foster participatory democracy. At the same time, though, the restrictions can offend personal autonomy, create inefficiencies, and permit undue control by past generations over present owners. The law should therefore enforce homeowners association covenants that prevent harmful fallout on the neighborhood, but they should not …