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Articles 61 - 64 of 64
Full-Text Articles in Land Use Law
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Articles
The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Articles
The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.
Comment On Warth V. Seldin, Terrance Sandalow
Comment On Warth V. Seldin, Terrance Sandalow
Articles
Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …