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Articles 31 - 60 of 64
Full-Text Articles in Land Use Law
Regional Integration In Africa, Charles Chernor Jalloh, Ademola Abass
Regional Integration In Africa, Charles Chernor Jalloh, Ademola Abass
Articles
No abstract provided.
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
Articles
No abstract provided.
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Articles
No abstract provided.
The Field In Ireland In 2014, Tom Dunne
The Field In Ireland In 2014, Tom Dunne
Articles
Repossessions are an important part of recovery in the housing market
Exploring Taxation As A Substitute For Overregulation In The Development Process, Stewart E. Sterk
Exploring Taxation As A Substitute For Overregulation In The Development Process, Stewart E. Sterk
Articles
No abstract provided.
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Articles
No abstract provided.
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Articles
An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Articles
No abstract provided.
Neoliberal Land Conservation And Social Justice, Jessica Owley
Neoliberal Land Conservation And Social Justice, Jessica Owley
Articles
No abstract provided.
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Articles
No abstract provided.
Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle
Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle
Articles
Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as posing a double-barreled threat to the stability of the community in which they have chosen to live and to the economic value of their homes.
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Articles
No abstract provided.
Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk
Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk
Articles
In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo the same review process as the decision that led to the litigation in the first place. The problem is exacerbated by broad standing rules that allow a variety of parties to challenge the settlement. As a result, municipalities and developers often have an incentive to litigate to judgment, even though both parties would prefer a negotiated or mediated solution.
On the other hand, permitting developers and municipalities to settle litigation behind closed doors could impair both the quality and the legitimacy of the …
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Articles
No abstract provided.
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Articles
The strengthening of spatial database infrastructures, further promoted by the INSPIRE Directive adopted in 2007, has led to an increased use of spatial data in planning and decision-making. Given that land-use plans are intrinsically spatial, such evidence and approaches can significantly benefit plan-making. A spatial framework could especially support the specific Strategic Environmental Assessment (SEA) aspects of the plan-making process. Spatial tools such as Geographic Information Systems (GIS) are particularly well-placed to support the environmental integration sought in SEA by providing evidence through the spatial assessment of multiple environmental datasets. Moreover, GIS bring the opportunity to augment conventional assessment techniques …
The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton
The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton
Articles
No abstract provided.
A Reply To Professor Johnson, Marci A. Hamilton
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
Articles
Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …
Making Lawyers Compete, Lester Brickman
Making Lawyers Compete, Lester Brickman
Articles
The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.
Rluipa Is Unfair, Unwise, And Unconstitutional, Marci A. Hamilton
Rluipa Is Unfair, Unwise, And Unconstitutional, Marci A. Hamilton
Articles
No abstract provided.
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
Articles
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Articles
No abstract provided.
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein
Articles
The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.
Implementing Everglades Restoration, Mary Doyle
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Articles
No abstract provided.
Urban Growth: A Global Challenge, Janet Stearns
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Articles
The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.
Nollan, Henry George, And Exactions, Stewart E. Sterk
Nollan, Henry George, And Exactions, Stewart E. Sterk
Articles
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …