Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (20)
- Environmental Sciences (19)
- Natural Resources Management and Policy (19)
- Physical Sciences and Mathematics (19)
- Public Affairs, Public Policy and Public Administration (18)
-
- Social and Behavioral Sciences (18)
- Natural Resources Law (17)
- Natural Resources and Conservation (17)
- Recreation, Parks and Tourism Administration (17)
- Business (16)
- Recreation Business (16)
- State and Local Government Law (16)
- Architecture (14)
- Cultural Resource Management and Policy Analysis (14)
- Forest Management (12)
- Forest Sciences (12)
- Life Sciences (12)
- Economics (11)
- Finance (11)
- Legislation (11)
- Dispute Resolution and Arbitration (9)
- Administrative Law (8)
- Water Law (8)
- Water Resource Management (7)
- Energy and Utilities Law (5)
- Natural Law (5)
- Oil, Gas, and Mineral Law (5)
- Indigenous, Indian, and Aboriginal Law (3)
- Institution
-
- University of Colorado Law School (18)
- Pace University (7)
- University of New Mexico (5)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University at Buffalo School of Law (4)
-
- University of Washington School of Law (3)
- Fordham Law School (2)
- University of Michigan Law School (2)
- Brigham Young University - Hawaii (1)
- Brigham Young University Law School (1)
- New York Law School (1)
- Seattle University School of Law (1)
- UIC School of Law (1)
- University of Florida Levin College of Law (1)
- University of Montana (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Keyword
-
- Land use (10)
- Colorado (7)
- NYLJ (6)
- United States (6)
- Zoning (5)
-
- New West (4)
- Education (3)
- Great Outdoors Colorado (3)
- Partnerships (3)
- Population growth (3)
- A-95 Review (2)
- ATVs (2)
- Alternatives (2)
- American Recreation Coalition (2)
- BLM (2)
- Bureau of Land Management (2)
- Case study (2)
- Ecosystem (2)
- Environment (2)
- Federal housing funding (2)
- Federal legislation (2)
- Housing and Urban Development Act (2)
- Land and Water Conservation Fund (2)
- Land use planning (2)
- Mountain bikes (2)
- Mountain biking (2)
- NEPA (2)
- National Forest Management Act (2)
- National Park Service (2)
- Public lands (2)
- Publication
-
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (17)
- Elisabeth Haub School of Law Faculty Publications (7)
- Natural Resources Journal (5)
- Buffalo Environmental Law Journal (4)
- Touro Law Review (4)
-
- Washington International Law Journal (3)
- Fordham Urban Law Journal (2)
- Michigan Law Review (2)
- Articles & Chapters (1)
- BYU Law Review (1)
- Faculty Articles (1)
- Faculty Law Review Articles (1)
- Law Faculty Publications (1)
- Pacific Studies (1)
- UF Law Faculty Publications (1)
- UIC Law Review (1)
- University of Colorado Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
Articles 31 - 55 of 55
Full-Text Articles in Land Use Law
Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski
Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
17 pages.
Lawyers, Judges, And The Public Interest, John M. Payne
Lawyers, Judges, And The Public Interest, John M. Payne
Michigan Law Review
Chares Haar, the Louis D. Brandeis Professor of Law Emeritus at the Harvard Law School and a certified elder statesman of the housing and land-use community, was one of those scholar-politicians of the 1960s who spun out innovative theories in law reviews and then moved into government to see them applied. His generation inspired mine to pursue law as a means to serve the public interest. But the days of the Kennedy brothers' Camelot are long past. Today, big government and "big courts" alike are seen as parts of the problem. In the more austere political climate of the 1990s, …
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
New York case law has created an obligation for communities to provide low-income housing in order to meet regional needs. The courts have found exclusionary zoning to be an unconstitutional practice, and may require communities to amend zoning ordinances that act in an exclusionary manner. The burden for plaintiffs to prove an ordinance is unconstitutionally exclusionary has been greatly impacted by the existence of regional housing studies. However, legislative progress in New York continues to lag behind surrounding states, as New Jersey and Connecticut legislatures have put statutory components in place to ease burden of proof in challenges to exclusionary …
Religious Freedom And Zoning, Helen M. Maher
Religious Freedom And Zoning, Helen M. Maher
Buffalo Environmental Law Journal
No abstract provided.
Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian
Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian
Buffalo Environmental Law Journal
Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas
Bait And Shoot, Jim Snider
Bait And Shoot, Jim Snider
Buffalo Environmental Law Journal
Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas
Catron County Board Of Commissioners, N.M. V. United States Fish & (And) Wildlife Service: Is Functional Equivalence The Solution To The Emerging Critical Habitat Problem, Kurt Van Deren
Natural Resources Journal
No abstract provided.
Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer
Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.
The National Park Service And The Regulation Of The Air Tour Industry At Grand Canyon National Park, Brenton Alexander
The National Park Service And The Regulation Of The Air Tour Industry At Grand Canyon National Park, Brenton Alexander
Natural Resources Journal
No abstract provided.
Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon
Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The continued existence vernal pools and other sensitive environmental areas greatly depends upon local and state land use decisions. Practices such as Euclidian Zoning, where land uses are separated into different districts, usually fail to account for the protection of these sensitive areas. However, local governments in New York, using implied municipal power created by state legislation, have a variety of land use tools to help alleviate the destruction of environmentally sensitive areas. These tools include: overlay zoning, incentive zoning, conservation easements, floating zones, and transferring development rights. By using these tools within a well-integrated strategy, New York communities can …
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Touro Law Review
No abstract provided.
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of land use policies and laws, as well as presents academic and scientific theories supporting a national land use policy. Part II of this article describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending …
Common Interest Communities: Evolution And Reinvention, 31 J. Marshall L. Rev. 303 (1998), Wayne S. Hyatt
Common Interest Communities: Evolution And Reinvention, 31 J. Marshall L. Rev. 303 (1998), Wayne S. Hyatt
UIC Law Review
No abstract provided.
A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster
A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster
UF Law Faculty Publications
Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green
Fordham Urban Law Journal
This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Touro Law Review
No abstract provided.
Tort Law, Honorable Leon D. Lazer
Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry
Touro Law Review
No abstract provided.
Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf
Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf
Law Faculty Publications
Urban policymakers over the past two decades have engineered a curious and potentially dangerous intersection of late 20th Century policies designed to foster the rebirth of America's distressed urban regions. First, we find widespread enthusiasm about the potential for reusing brownfields 1 (typically contaminated urban sites), which has stimulated an impressive range of initiatives at all levels of government. 2 Second, after more than a decade of sitting on the sidelines and watching the states battle over the ideal range of incentives that will most effectively drive inner-city redevelopment, the federal government finally entered the fray in the 1990s with …
Natural Resource Policy, Unforgiving Geographies, And Persistent Poverty In Alaska Native Villages, Gigi Berardi
Natural Resource Policy, Unforgiving Geographies, And Persistent Poverty In Alaska Native Villages, Gigi Berardi
Natural Resources Journal
No abstract provided.
Public Rangeland Reform: New Perspectives For Collaboration And Local Control Using The Resource Advisory Councils, Todd M. Olinger
Public Rangeland Reform: New Perspectives For Collaboration And Local Control Using The Resource Advisory Councils, Todd M. Olinger
University of Colorado Law Review
No abstract provided.
Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl
Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Articles & Chapters
Residential developments often create a general scheme of restrictions, operate common facilities, and establish an owners association to enforce the restrictions and operate the common areas. Private governments raise difficult public policy and legal issues. Private regimes should generally be enforced as they encourage the efficient use of land, allow choice in living arrangements, and foster participatory democracy. At the same time, though, the restrictions can offend personal autonomy, create inefficiencies, and permit undue control by past generations over present owners. The law should therefore enforce homeowners association covenants that prevent harmful fallout on the neighborhood, but they should not …
Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender
Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender
Faculty Articles
Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …