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Michigan Law Review

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Full-Text Articles in Land Use Law

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax Jan 1970

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax

Michigan Law Review

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …

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Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham Feb 1968

Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham

Michigan Law Review

A Review of Land Development Law: Cases and Materials by George Lefcoe

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Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham Nov 1967

Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham

Michigan Law Review

Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …

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Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner Apr 1966

Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner

Michigan Law Review

During the twentieth century the states have increasingly utilized their police power to control the use of land. All fifty states have now enacted zoning enabling legislation, much of which is based in whole or in part on the Standard State Zoning Enabling Act. Typically, these zoning acts, like the Standard Act, empower municipalities to promulgate land use regulations by dividing the municipality "into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act ..." Most zoning acts specify that "all such regulations shall be uniform for each class …

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Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review Jun 1965

Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review

Michigan Law Review

In order to qualify for additional aid under the 1958 Federal-Aid Highway Program, the Ohio legislature prohibited the erection or maintenance of billboards for advertising purposes within 660 feet of an interstate highway and declared billboards in violation of the statute to be public nuisances subject to abatement. As the owner of seven signs which violated the statute, plaintiff sought an injunction against the enforcement of the statute on the ground that it bore no substantial relation to the public health, safety, morals, or general welfare. The trial court granted the injunction and the court of appeals affirmed, holding the …

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Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham May 1965

Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham

Michigan Law Review

It is one thesis of this article that the "lawyer's view" has generally prevailed in Michigan and that the "planner's view" has generally prevailed in New Jersey. Since the zoning law of these two states is thus fairly representative of the opposing judicial attitudes set forth in the preceding paragraph, they are especially suitable for comparative study. This study begins with a look at the constitutional bases and statutory provisions for zoning. It then proceeds to examine judicial attitudes toward zoning determinations in general and continues by focusing on specific current zoning problems. The conclusions to be drawn from these …

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Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren Mar 1965

Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren

Michigan Law Review

From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …

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Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review Jan 1965

Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review

Michigan Law Review

The federal government, pursuant to authorizing statutes, sought to condemn defendant's land, alleging that it was needed as a source of fill for a section of the National System of Interstate and Defense Highways. Defendant offered proof demonstrating that commercial fill could easily be purchased within the immediate area, that it was therefore not necessary for the government to condemn any land in order to complete the construction of the highway, and that his land was zoned "light industrial" and was thus ideally suited for future development. Employing the usual stringent proof requirements, the court granted the government's motion for …

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Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst Dec 1964

Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst

Michigan Law Review

This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.

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New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle May 1964

New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle

Michigan Law Review

It is a well known maxim among oil and gas lawyers that "a producing well always clouds a title and a dry hole cures it." A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity …

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Eminent Domain-Urban Renewal-Broader Powers To Take Private Property For Public Use, Roger L. Mcmanus Apr 1964

Eminent Domain-Urban Renewal-Broader Powers To Take Private Property For Public Use, Roger L. Mcmanus

Michigan Law Review

Defendant city instituted a comprehensive urban redevelopment plan under which condemnation and purchase of blighted property would be followed by extensive demolition and clearance. This land was then to be sold subject to certain use restrictions to private developers, chiefly for light industry. Plaintiff, an owner of real estate described as "improved and enhanced with . . . a good, sound, sanitary, modem and well-kept building," brought an action in a lower state court seeking a declaratory judgment against the constitutionality of the Washington Urban Renewal Law, and an injunction to prevent defendant city from condemning his property under the …

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Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick Nov 1963

Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick

Michigan Law Review

After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …

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Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed. Mar 1963

Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff challenged the validity of an amendment to the zoning ordinance of the defendant township which barred all trailer camps and parks from its industrial district. As trailer parks had previously been zoned out of the business, residential, and agricultural districts, this amendment had the effect of completely excluding them from the entire township, although approximately half of its twenty-three square miles consisted of open rural area. The parties stipulated that the plans of the plaintiff, who wanted to develop a trailer park on his premises, met all of the applicable health standards. The trial court sustained the amendment, but …

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Mandelker: Green Belts And Urban Growth, Curtis J. Berger Jan 1963

Mandelker: Green Belts And Urban Growth, Curtis J. Berger

Michigan Law Review

A Review of Green Belts and Urban Growth. By Daniel R. Mandelker

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Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler Jan 1962

Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler

Michigan Law Review

A Review of AN INTRODUCTION TO THE HISTORY OF THE LAND LAW. By A. W. B. Simpson.

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Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed Nov 1961

Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed

Michigan Law Review

Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …

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Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler Jan 1961

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."

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Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson May 1960

Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson

Michigan Law Review

In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment …

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Priorities: Ii, Edgar N. Durfee Mar 1959

Priorities: Ii, Edgar N. Durfee

Michigan Law Review

This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.

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Priorities, Edgar N. Durfee Feb 1959

Priorities, Edgar N. Durfee

Michigan Law Review

Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …

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Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac Feb 1959

Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac

Michigan Law Review

Petitioner owned two parcels of real estate across the street from each other which were used as one "economic unit" for purposes of a trucking terminal. One parcel was improved with a terminal building from which trucks would pick up and deliver their shipments, while the other was used as a parking lot for trucks not in use. Petitioner was forced to sell the parking lot under threat of condemnation. Since it was economically unfeasible to operate his business without a nearby parking lot, petitioner subsequently sold the terminal facilities and reinvested the proceeds from the sales of both properties …

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Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler Jan 1959

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.

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Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon Jan 1959

Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon

Michigan Law Review

An amendatory zoning ordinance was enacted by the city council of Miami Beach for the purpose of changing the zoning of an extensive area fronting on the Atlantic Ocean from a private residential to a hotel district. The amendment received the required affirmative votes of five of the seven members of the council, including the vote of one councilman who owned land in the area affected by the amendment which would be increased in value by $500,000 because of the zoning change. Plaintiffs, owners of near-by property, filed suit in the circuit court to have the amendatory ordinance declared invalid …

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Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey Jun 1958

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …

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Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed. Mar 1958

Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.

Michigan Law Review

Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …

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Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer Apr 1957

Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer

Michigan Law Review

During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …

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Real Property - Easements - Implied Easement Of Access , Created By Conveyance With Reference To Plat, As Surviving Vacation Of Street, Allen Dewey Apr 1957

Real Property - Easements - Implied Easement Of Access , Created By Conveyance With Reference To Plat, As Surviving Vacation Of Street, Allen Dewey

Michigan Law Review

Plaintiff sued to recover his deposit and search fee on a contract for the purchase of lands, a valuable part of which lay within the limits of two vacated streets. He contended the title was unmarketable because all owners of lands conveyed with reference to a plat showing these streets had by those conveyances acquired easements of access which survived the subsequent vacation of the streets by municipal authorities. The vacated streets had never been used and there were no physical indicia of them. Evidence showed all the lots on the map had access to the public highway system without …

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Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed. Feb 1957

Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.

Michigan Law Review

In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …

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Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed. Dec 1956

Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.

Michigan Law Review

The power of the United States to regulate commerce comprehends a right to control navigation and the means of navigation. To the extent necessary for the enjoyment of this power the government may condemn riparian property. The federal power of eminent domain is limited by the mandate of the Fifth Amendment which requires just compensation for private property taken for a public use. Usually, the standard of just compensation is the market value of the property, taking into consideration the most profitable uses for which the property is suited and likely to be used at the time of the taking, …

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Parsons, Penn, Raup: Land Tenure, John C. Payne Dec 1956

Parsons, Penn, Raup: Land Tenure, John C. Payne

Michigan Law Review

A Review of Land Tenure. Edited by Kenneth H. Parsons, Raymond J. Penn and Philip M. Raup.

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