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Land Use Law Commons

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1994

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Institution
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Articles 1 - 30 of 59

Full-Text Articles in Land Use Law

The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton Dec 1994

The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton

Cardozo Law Review

The Religious Freedom Restoration Act ("RFRA") has now been in effect for over a year. RFRA is an understandable, but unconstitutional, attempt to supplement the contemporary Supreme Court's crabbed reading of the Free Exercise Clause. In a nutshell, RFRA sets the standard of review-the "compelling interest" test-to be applied to federal and state law burdening the free exercise of religious conduct. RFRA has already been employed to decide a series of cases, most of which were brought by prison inmates. The time rapidly approaches when the courts of appeals, and even the Supreme Court, will be asked to pass on …


The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler Nov 1994

The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler

Popular Media

No abstract provided.


Environmental Policy And Federal Structure: A Comparison Of The United States And Germany, Susan Rose-Ackerman Professor Of Jurisprudence Oct 1994

Environmental Policy And Federal Structure: A Comparison Of The United States And Germany, Susan Rose-Ackerman Professor Of Jurisprudence

Vanderbilt Law Review

The assignment of tasks to the appropriate level of government is an important aspect of environmental policy design. Because the costs and benefits of pollution control policies are closely tied to geography, political solutions should reflect the underlying spatial structure of environmental problems. These solutions should not only incorporate the long-distance effects of air and water pollution, but also account for the mobility of economic actors and the resource base of governments.

There are three general types of environmental problems. Global issues have no complex geographical component. Regional problems arise when political boundaries do not coincide with the pollution's geographical …


Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse Sep 1994

Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

7 pages.


The Canyon Country Partnership, Bill Hedden Sep 1994

The Canyon Country Partnership, Bill Hedden

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.


Community-Public Lands Partnership: The Montezuma County Federal Lands Program, Michael F. Preston Sep 1994

Community-Public Lands Partnership: The Montezuma County Federal Lands Program, Michael F. Preston

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages (includes illustrations and maps).

Contains 1 page of references.


Regional Habitat Conservation Planning: The California Gnatcatcher Example, Marc J. Ebbin Sep 1994

Regional Habitat Conservation Planning: The California Gnatcatcher Example, Marc J. Ebbin

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

10 pages.


The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel Sep 1994

The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

95 pages (includes illustrations and maps).


Public Land Management Decisions Affecting Water Rights: The Issue Of Requiring By- Pass Flows As A Condition Of National Forest Special Use Permits For Water Facilities, David H. Getches Sep 1994

Public Land Management Decisions Affecting Water Rights: The Issue Of Requiring By- Pass Flows As A Condition Of National Forest Special Use Permits For Water Facilities, David H. Getches

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

12 pages.


Local And National Interests In Using Public Forests: Lessons From The Pacific Northwest, Part I: A Time For Scientists And Lawyers, K. Norman Johnson Sep 1994

Local And National Interests In Using Public Forests: Lessons From The Pacific Northwest, Part I: A Time For Scientists And Lawyers, K. Norman Johnson

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.

Contains references.


Local And National Interests In Using Public Forests: Lessons From The Pacific Northwest[, Part] Ii, Margaret A. Shannon Sep 1994

Local And National Interests In Using Public Forests: Lessons From The Pacific Northwest[, Part] Ii, Margaret A. Shannon

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

12 pages.

Contains references.


Developments And Trends In Fiber Supply: Implications For The Northwest’S Forest Products Industry, James C. Geisinger Sep 1994

Developments And Trends In Fiber Supply: Implications For The Northwest’S Forest Products Industry, James C. Geisinger

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

7 pages (includes illustrations).


Decision Making And The Public Lands, Robert K. Davis Sep 1994

Decision Making And The Public Lands, Robert K. Davis

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.

Contains 3 pages of references.


Background Material On The Colorado Grazing Roundtable, William E. Riebsame Sep 1994

Background Material On The Colorado Grazing Roundtable, William E. Riebsame

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

10 pages.

Contains endnotes.


Rangeland Reform ‘94, Michael J. Penfold Sep 1994

Rangeland Reform ‘94, Michael J. Penfold

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.


Agenda: Who Governs The Public Lands: Washington? The West? The Community?, University Of Colorado Boulder. Natural Resources Law Center Sep 1994

Agenda: Who Governs The Public Lands: Washington? The West? The Community?, University Of Colorado Boulder. Natural Resources Law Center

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

Conference organizers and/or session moderators included University of Colorado School of Law professors David H. Getches, Judith Jacobsen, Lawrence J. MacDonnell, Teresa Rice and Charles F. Wilkinson.

Shifting policy objectives and management approaches for the public lands of the West are provoking heated debate about how these decisions should be made and implemented. Are these policy directions a reflection of the "New West" or are they, in fact, a declaration of "war on the West"? Somewhere between these polarities of view, efforts are underway to open dialogue and reach consensus.

This second annual western lands conference will explore federal initiatives …


Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller Sep 1994

Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

15 pages.

Contains references.


Interest Group Participation In Public Land Planning And Decision Making Processes: Paradigm Lost, Paradigm Found?, Sally K. Fairfax Sep 1994

Interest Group Participation In Public Land Planning And Decision Making Processes: Paradigm Lost, Paradigm Found?, Sally K. Fairfax

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

16 pages.

Contains references.


Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr. Jun 1994

Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

43 pages.

Contains references.


Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman Jun 1994

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.


Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank Jun 1994

Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

11 pages.

Contains 3 pages of references.


Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla Jun 1994

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.


Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches Jun 1994

Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

13 pages (includes 1 illustration).

Includes unsigned annotations by David Getches.


Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria Jun 1994

Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.


Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead Jun 1994

Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

42 pages (includes illustrations and map).

Contains endnotes.


Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys Jun 1994

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.


“Takings” And The Endangered Species Act, Oliver A. Houck Jun 1994

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.


Mining Regulation And Takings, Mark Squillace Jun 1994

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.


Mining Regulation(S) And Takings, Lawrence G. Mcbride Jun 1994

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.


The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray Jun 1994

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.