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Articles 31 - 50 of 50
Full-Text Articles in Land Use Law
Certain Opinions Of The Central Committee Of The Chinese Communist Party [And The] State Council On Promoting The Stable Development Of Agriculture And Continuing To Increase Farmers' Income In 2009, Tobias Damm-Luhr
Washington International Law Journal
The following is a translation of Certain Opinions of the State Council [and the] Central Committee of the Chinese Communist Party (“CCP”) on Promoting the Stable Development of Agriculture and Continuing to Increase Farmers’ Incomes in 2009 (“2009 No. 1 Document”), which the CPC Central Committee and the State Council promulgated on December 31, 2008, and made public on February 2, 2009. It calls on “every region and every department” to seriously study the blueprint created by the Third Plenary Session of the CPC’s 17th Central Committee, namely the Decision on Certain Issues Concerning the Advancement of Rural Reform and …
A Current Review Of Chinese Land-Use Law And Policy: A "Breakthrough" In Rural Reform?, Robin Dean, Tobias Damm-Luhr
A Current Review Of Chinese Land-Use Law And Policy: A "Breakthrough" In Rural Reform?, Robin Dean, Tobias Damm-Luhr
Washington International Law Journal
Three decades ago, China moved from a communal system of farming to a system that granted more extensive land-use rights to individual households, starting rural China on a path to greater prosperity. Today, however, the law and policy promulgated by the Chinese government prevents farmers from fully realizing this prosperity. The Land Administration Law gives farmers thirty-year contractual rights to the land they farm and the Law on Rural Land Contracting strengthens this right by more specifically enumerating requirements for land contracting and the transfer of contractual rights. Nevertheless, the rural-urban gap is the worst it has been in decades …
Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson
Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson
Washington Law Review
In Citizens’ Alliance for Property Rights v. Sims, the Court of Appeals of Washington held that King County clearing and grading regulations—recently enacted pursuant to the Washington State Growth Management Act—constitute an unlawful “tax, fee, or charge” on the development of land, thereby violating a Washington excise tax preemption statute. The court ruled that the clearing limitations do not qualify under the statutory exception for mitigation of development impacts since they are not calculated on a site-by-site basis. This Note argues that the ruling greatly expands the scope of this statutory limitation on local land-use regulation, compromises Growth Management …
Ain't Nothing Like The Real Thing: Enforcing Land Use Restrictions On Land And Water Conservation Fund Parks, Michael J. Gelardi
Ain't Nothing Like The Real Thing: Enforcing Land Use Restrictions On Land And Water Conservation Fund Parks, Michael J. Gelardi
Washington Law Review
Congress created the Land and Water Conservation Fund (LWCF) in 1965 to provide resources for states and federal agencies to acquire and develop land for public outdoor recreation. Over the past forty years, the LWCF has quietly become one of the most successful conservation programs in United States history. The federal government and states have used the LWCF to preserve unique landscapes for their natural beauty, scientific value, and wildlife habitat, as well as to encourage traditional recreational pursuits. The LWCF Act prohibits the conversion of LWCF-funded state and local parks to uses other than public outdoor recreation unless approved …
Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock
Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock
Washington Law Review
Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Washington International Law Journal
China is under increasing international scrutiny as the country’s economic growth launches the previously isolated nation onto the world stage. As the national wealth increases at a record rate, the government is constantly modifying strategies to ensure its economic stability. In response to this nearly unmanageable growth, entire Chinese cities are remodeled and progressively more privatized, while urban dwellers are evicted from their homes in the name of economic development. These urban land acquisitions often occur with little or no compensation, while private developers reap the economic benefits. These policies follow a pattern of development replayed throughout history, notably in …
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
Washington International Law Journal
In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …
Does The Ghost Of Lochner Haunt Mission Springs? Ruminations On § 1983 Due Process Claims In Light Of Mission Springs, Inc. V. City Of Spokane, Mark K. Funke
Washington Law Review
The last time the Washington Supreme Court applied substantive due process in a land use case was in Mission Springs, Inc. v. City of Spokane in 1998. Since then, the Washington Law Review has published four commentaries that address substantive due process in Washington land use, all of which characterize Washington's substantive due process law as producing undesirable results. However, none of the available commentary takes into consideration that there are two types of substantive due process cases in Washington land use. In one type, courts strike down local ordinances, while in the other they enforce the lawful application of …
The Public-Use Requirement In Washington After State Ex Rel. Washington State Convention & Trade Center V. Evans, Tim Benedict
The Public-Use Requirement In Washington After State Ex Rel. Washington State Convention & Trade Center V. Evans, Tim Benedict
Washington Law Review
In State ex rel. Washington State Convention & Trade Center v. Evans, the Supreme Court of Washington held that an exercise of eminent domain for a convention center expansion project containing private developments utilizing most of the project's developed space would not violate the Washington public-use requirement In so doing, the court made the already confusing and contradictory Washington case law concerning public use in the context of eminent domain even more unpredictable. This Note argues that the court should have adopted a public-purpose analysis and thereby clarified the Washington public-use requirement.
Past, Present And Future Constitutional Challenges To Transferable Development Rights, Jennifer Frankel
Past, Present And Future Constitutional Challenges To Transferable Development Rights, Jennifer Frankel
Washington Law Review
Seattle's transfer of development rights (TDR) system, an innovative land use device, has so far avoided many of the problems that have plagued other TDR systems. Although the system's voluntary participation avoids a takings challenge, it is still vulnerable to attack on due process grounds. In addition, two U.S. Supreme Court cases held that conditions in land use regulations must closely mirror the harms sought to be prevented, suggesting new constitutional problems for Seattle's TDR system. This Comment describes Seattle's current TDR system and examines its vulnerability to constitutional challenges. This paper concludes that while Seattle's TDR system will probably …
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Washington Law Review
Federal law, 42 U.S.C. § 1983, provides a cause of action against persons who use state or local law to deprive individuals of constitutional rights. Federal circuit courts have been reluctant to apply § 1983 to commonplace land use grievances because of the local character of land use planning and a belief that only the most egregious misuse of zoning power can implicate a party's substantive due process rights. To limit the number of claims that can be brought under § 1983, the federal circuits have narrowly defined what property rights are protected by the Fourteenth Amendment and have held …
The End Of An Era: Suburban Village Aversion In Citizens For Mount Vernon V. City Of Mount Vernon, Ronda Larson
The End Of An Era: Suburban Village Aversion In Citizens For Mount Vernon V. City Of Mount Vernon, Ronda Larson
Washington Law Review
In 1990, the Washington Legislature enacted the Growth Management Act (GMA) to counteract problems related to unmanaged population growth. The GMA fundamentally altered two traditional aspects of land use law: the disregard for planning documents and the aversion to mixing uses within zones. Counties and cities planning under the Act now must have comprehensive plans and zoning ordinances that are consistent with those plans. They are also encouraged to use innovative zoning tools such as mixed-use housing developments. In the 1997 case Citizens for Mount Vernon v. City of Mount Vernon, the Supreme Court of Washington applied pre-GMA common …
A Doctrine Adrift: Land Use Regulation And The Substantive Due Process Of Lawton V. Steele In The Supreme Court Of Washington, Susan Boyd
Washington Law Review
Although substantive due process theory has lost much of its force as a local policymaking tool in the federal courts, the doctrine has played a significant role in the land use policies of Washington State. Relying on an ancient U.S. Supreme Court case, Lawton v. Steele, the Supreme Court of Washington has declared that legislation permitting government to pass the social costs of low-income housing demolition on to individual developers through development impact fees is "unduly oppressive" on those individuals and thus violates substantive due process. This Comment argues that the substantive due process doctrine the Supreme Court of …
An Overview Of Washington's Growth Management Act, Eric S. Laschever
An Overview Of Washington's Growth Management Act, Eric S. Laschever
Washington International Law Journal
Beginning in the 1970s, a number of states began adopting state wide growth management statutes. In response to increasing population pressures, Washington State enacted its Growth Management Act ("GMA") in 1990. This article examines the GMA's requirements for comprehensive plans, its enforcement and appeals provisions, and the relationship of the GMA to other Washington State laws, including the State Environmental Policy Act and the Shoreline Management Act. The GMA has significantly changed the land use planning process in Washington, and its effects can already be seen in wide spread protection of critical areas, the designation of urban growth policies, and …
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Washington International Law Journal
Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …
Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner
Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner
Washington International Law Journal
This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Washington Law Review
After setting forth a brief history of public land withdrawals, this comment analyzes the current statutory public land withdrawal scheme as expressed in the Federal Land Policy and Management Act of 1976 (FLPMA) and identifies the various policies underlying FLPMA. Next, an examination of the Antiquities Act's legislative history, judicial interpretation, and use will show that the intended scope of the Act is quite different from both its actual application by Presidents and its interpretation by courts. Evaluating the Act in light of the land withdrawal policies expressed in FLPMA, this comment will conclude that use of the Antiquities Act …
Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer
Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer
Washington Law Review
It is our purpose to suggest that a land use policy which is socially equitable and environmentally sensitive is not resolved simply by labelling land as a "resource" rather than a "commodity." Instead, we propose to examine the special status land has enjoyed for many centuries, and which distinguishes it from other commodities, and to suggest that land transactions and land use should at last be scrutinized in a manner not unlike the treatment extended to a multitude of other commodities no more "affected with a public interest" than is land.
Nuisance As A Modern Mode Of Land Use Control, William H. Wilson
Nuisance As A Modern Mode Of Land Use Control, William H. Wilson
Washington Law Review
Recognizing the inflexibility inherent in present zoning mechanisms, this comment analyzes the concept of nuisance as an additional, more versatile means of land use control. In an exhaustive categorization and evaluation of Washington cases and those from other jurisdictions, the author sets forth the principles of nuisance law and the factors affecting court decisions on nuisance. Both private and public actionable nuisances are discussed, along with available remedies, within a concise analytical framework.
Regional Planning And Local Autonomy In Washington Zoning Law, G. Brucec Clement, Egil Krogh, Jr.
Regional Planning And Local Autonomy In Washington Zoning Law, G. Brucec Clement, Egil Krogh, Jr.
Washington Law Review
The rapid urbanization of large areas of Washington call for effective land use planning and zoning. At present, regional and state land use plans are implemented, if at all, only by the grace of local zoning officials. This comment discusses the means available for adjusting the relationships between local zoning officials and extra-municipal planners so as to preserve local autonomy without destroying the effectiveness of state and regional plans. The authors conclude that the adoption of portions of the Model Land Development Code would accomplish this result.