Land Use Law Commons^™

The Selling Out Of Mount Laurel: Regional Contribution Agreements In New Jersey's Fair Housing Act, Rachel Fox

Fordham Urban Law Journal

This Article outlines the origins of exclusionary zoning, the doctrine announced in Southern Burlington County NAACP v. Township of Mount Laurel and the emergence of Regional Contribution Agreements (RCAs) under New Jersey's Fair Housing Act. The author argues that, as implemented, RCAs thwart the Mount Laurel doctrine's explicit goal of revitalizing urban areas and its implicit goal of racial integration of suburban municipalities. The article concludes that, because the RCAs thwart some of the basic goals of the Mount Laurel doctrine, the New Jersey Fair Housing Act can no longer be described as a codification of that doctrine and substantial …

Maryland's Growing Pains: The Need For State Regulation, Philip J. Tierney

University of Baltimore Law Review

Over the past two decades, much of Maryland's landscape has been rapidly developed into residential uses. This rapid growth has been largely unanticipated and unplanned. This article reviews the current local regulatory process of land use and growth control and reveals the need for changes in the regulatory process with a case study of Montgomery County, Maryland. The author concludes that greater state involvement in the land use regulatory process is necessary in order to manage growth effectively.

The Public Trust Doctrine In Washington, A. Reid Allison Iii

Seattle University Law Review

This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”

A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr

Faculty Works

In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …

Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating

Law Faculty Articles and Essays

Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

UF Law Faculty Publications

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damages awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

The Political Economy Of Co-Financing America's Urban Renaissance, Robin P. Malloy

Vanderbilt Law Review

America's urban centers are experiencing a renaissance of sorts that reflects the vitality of a renewed interest in the city.Dynamic growth and revitalization of the central city have emerged since the 1970s as key focal points for investment and development, replacing years of investing primarily in suburbanization. The emerging activity in America's urban down towns has been more than an isolated or segmented investment in office buildings. With strong political support and the emergence of an affluent group of new urbanites, some central cities are said to be transforming into entirely new urban environments where people not only work, but …

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

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 …