Land Use Law Commons^™

Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman

ExpressO

This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for zoning actions, followed by a review of the evolution of the statutes and case law in Florida. The article challenges the standard of deference for legislative review of zoning actions based on separation of powers and due process. It also identifies inconsistencies in Florida case law and inequities in local government processes for reviewing …

Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Local land use boards, made up of volunteers from the community, decide a majority of the land use issues in New York’s municipalities, as well as most other states. In the past, these decision makers were not required to obtain formal training. Now, several states and municipalities are recognize the substantial impact of land use board decisions, and as a consequence, are providing innovative training for their board members. Land use law becomes more complicated with each passing hour, and through proper training, land use board members can become informed decision makers who maximize the potential of their communities.

Cityland – Vol. 2, No. 11, Center For New York City Law

CityLand - 2005

The December 2005 issue of CityLand highlights significant land use and preservation actions across New York City. The City Council approved rezonings in South Park Slope, Olinville (Bronx), and two Staten Island neighborhoods (Bay Terrace and Oakwood), aimed at curbing overdevelopment and preserving neighborhood character. The Council also overrode Mayor Bloomberg’s veto to reject the landmark designation of the Austin Nichols warehouse in Williamsburg. The Planning Commission approved a 718-space garage adjacent to the High Line and a new Business Improvement District in Flatbush. BSA decisions included variances for a NoHo mixed-use building, a West Village nursing home, and a …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law pronounced by the United States Supreme Court and Georgia appellate courts between June 1, 2004 and May 31, 2005. The cases surveyed fall primarily within six categories: (1) condemnation; (2) nuisance and environmental; (3) zoning and related ordinances; (4) easements; (5) annexation; and (6) restrictive covenants.

Cityland – Vol. 2, No. 10, Center For New York City Law

CityLand - 2005

The November 2005 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council rejected the landmark designation of the Jamaica Savings Bank in Queens, while approving the Far West Village rezoning and the landmarking of the Plaza Hotel’s interior rooms. A proposed rezoning in Bedford-Stuyvesant was denied due to concerns over job loss. Staten Island saw the elimination of commercial overlays in 21 areas. The Planning Commission approved the transfer of Admiral’s Row to the Brooklyn Navy Yard and began concurrent review of Columbia University’s expansion and Community Board 9’s …

Recent Developments In The Law Of The "Taking Issue", John C. Keene

ExpressO

No abstract provided.

The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux

San Diego International Law Journal

This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Fallout From Kelo: Ruling Spurs Legislative Proposals To Limit Takings, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The 2005 Supreme Court decision in Kelo v. City of New London has galvanized much unwarranted controversy over governmental authority to condemn private property. A legislative reaction throughout the country has focused on limiting governmental condemnation authority in order to encourage economic development. This article discusses some of the specific pros and cons of reactionary legislation by both the federal and New York legislature.

Cityland – Vol. 2, No. 9, Center For New York City Law

CityLand - 2005

The October 2005 issue of CityLand marks its one-year anniversary and features major land use and zoning actions across New York City. Highlights include the City Council’s approval of rezoning in Far Rockaway, College Point, and Rego Park, as well as a controversial sanitation garage lease extension in Williamsburg. The Council also approved a 26-story tower in Lenox Hill and a 388-foot residential tower in Tribeca. The Planning Commission approved the Ocean Dreams project in Coney Island, a Staten Island shopping center, and the elimination of commercial overlays in Staten Island. BSA decisions include approval of a SoHo residential building, …

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Scholarly Works

No abstract provided.

Phase Ii Compliance & Illicit Discharge Ordinances, Benjamin Corson-Knowles

Land Use Clinic

How municipalities can implement illicit discharge ordinances in compliance with Phase II of the NPDES program of the Clean Water Act.

Cityland – Vol. 2, No. 8, Center For New York City Law

CityLand - 2005

The September 2005 issue of CityLand highlights major land use and zoning actions across New York City. Key developments include the City Council’s approval of Enrique Norten’s glass tower at One York Street in Tribeca and a text amendment allowing heliostats and wind turbines atop buildings in Battery Park City. The Council also approved a housing project for the mentally ill in East New York. The Planning Commission approved a major mixed-use development at 270 Greenwich Street and a controversial parking garage in Chelsea. BSA decisions include a denied appeal for a Van Cortlandt Village development, a variance for Robert …

New York Case Law Reaches Maturity, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through a review of recent case history, this article examines the role of courts in land use decisions. The consensus of the holdings is that a court should not substitute it’s discretion for that of a local land use board so long as the board’s decision was based on substantial evidence on the record. The rational for this standard of deference is based on the idea that local land use boards are legislative bodies that understand the needs of the communities they serve. This article highlights several instances where appeals courts reign in the power of trial courts that overstepped …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Private Property, Development And Freedom, Steven J. Eagle

George Mason University School of Law Working Papers Series

The author asserts that adherence to the rule of law, including property law, is a necessary condition to economic development and human freedom. United States governmental agencies and private institutes have attempted to convey this message to Russia, other states of the former Soviet Union, and former Soviet satellite states, with some success. Finally, and unfortunately, the United States has veered away from the very adherence to the rule of law respecting property which it espouses abroad.

Court Of Appeals Again Restrains Lower Courts, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through a review of recent case history, this article examines the role of courts in land use decisions. The consensus of the holdings is that a court should not substitute its discretion for that of a local land use board so long as the board’s decision was based on substantial evidence on the record. The rational for this standard of deference is based on the idea that local land use boards are legislative bodies that understand the needs of the communities they serve. This article highlights several instances where appeals courts reign in the power of trial courts that overstep …

Cityland – Vol. 2, No. 7, Center For New York City Law

CityLand - 2005

The August 2005 issue of CityLand highlights significant land use and zoning actions across New York City. Key developments include the City Council’s approval of rezoning in East Flushing, Pelham Gardens, Cambria Heights, and Staten Island neighborhoods to curb overdevelopment and preserve community character. The Council also approved a new primary/intermediate school in Canarsie. Landmark actions include the designation of the Plaza Hotel’s interiors, the re-calendaring of Seaman Cottage, and hearings on the Drake-DeHart House and the Austin, Nichols & Co. Warehouse. BSA decisions feature approvals for residential conversions in College Point, Bay Ridge, and Astoria, and withdrawals of controversial …

Cityland – Vol. 2, No. 6, Center For New York City Law

CityLand - 2005

The July 2005 issue of CityLand highlights major land use and zoning developments across New York City. Key coverage includes the City Council’s approval of Lincoln Center’s redesign, featuring new public spaces, signage, and expanded cultural facilities. The Council also approved the West Chelsea/High Line rezoning, enabling the transformation of the elevated rail line into a public park. Other actions include the General Motors Plaza renovation, Rockefeller Center signage amendments, and the downzoning of Bensonhurst and Staten Island neighborhoods. The issue reports on the approval of a new bridge in the Bronx, a DUMBO Business Improvement District, and multiple affordable …

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Despite Alarmists, 'Kelo' Decision Protects Property Owners And Serves The General Good, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court’s decision in Kelo v. City of New London, has spurred national debate, as many people portray the court’s decision as a damaging blow to private property rights. In Kelo, the court confirmed local government’s ability to condemn property in an area designated as blighted by the state, in order to encourage economic development. This article highlights several positive examples of this sort of condemnation in New York case law, where the public interest was served by economic redevelopment. The article goes further, to distinguish several legal decisions from Kelo, where courts invalidated condemnations upon a …

Slides: Funding For Acquisitions: Creative And Emerging Mechanisms To Tap Private Funds, Peter R. Stein

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Peter R. Stein, General Partner, The Lyme Timber Company, Hanover, NH

9 slides

Slides: Forest Grove Municipal Watershed: Using Citizen Involvement To Break Gridlock, Scott Ferguson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Scott Ferguson, City of Forest Grove, OR

23 slides

Slides: The Downhill Lever Of Current Forest Finance, Tom Tuchmann

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Tom Tuchmann, US Forest Capital, Portland, OR

6 slides

Slides: Forestry On The Yakama Reservation: The Balancing Of Natural Resources Management, Philip Rigdon

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Philip Rigdon, Yakama Nation, Toppenish, WA

64 slides

Slides: Sustainable Forest Management Of Community Forest Lands: It's A Matter Of Balance, Dave Epperly

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dave Epperly, St. Louis County Forest, MN

28 slides

Slides: Long Term Forest Management: Creating A Forest Management Plan, Don Johnson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Don Johnson, Forest Land Improvement, Inc., NH town forests

51 slides

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides

Slides: Long Term Management Of Community Forests: Some Eomf Partner Perspectives, Brian Barkley

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Brian Barkley, Ontario Model Forest, Canada

18 slides

Community Forests: A Perspective, Robert Mccullough

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

22 pages.

"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."