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Articles 61 - 90 of 97
Full-Text Articles in Land Use Law
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
Faculty Works
This article examines the challenge of enforcing promises made to benefit the public, using environmental commitments such as wetland restoration as a central example. It argues that while contractual promises between private parties are routinely enforced, similar promises made to the public often fail due to lack of effective enforcement mechanisms. Drawing on Garrett Hardin’s “Tragedy of the Commons,” the paper explores how individual incentives discourage both performance and enforcement of such promises. The analysis highlights the limitations of agency resources, barriers to citizen enforcement, and the inadequacy of existing legal frameworks to ensure accountability for public benefit commitments. It …
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Scholarly Works
No abstract provided.
Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin
Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin
Cornell Law Faculty Publications
In November 2004, Oregonians passed a ballot measure, Measure 37, that presented a radical remedy for landowners by preventing the state from engaging in regulatory takings without compensating landowners. It required that local governments either monetarily compensate landowners whose properties fall in value as a result of land use regulations or, under certain conditions, exempt those landowners from the regulations altogether. At its core, Measure 37 addressed Oregon voters' concern that - for all the good the land use system had done - the government had gone too far in prohibiting landowners from using their land as they saw fit. …
Teaching Property Stories, Laura S. Underkuffler
Teaching Property Stories, Laura S. Underkuffler
Journal of Legal Education
No abstract provided.
Cityland – Vol. 2, No. 2, Center For New York City Law
Cityland – Vol. 2, No. 2, Center For New York City Law
CityLand - 2005
This issue of CityLand covers significant land use and zoning developments in New York City as of March 15, 2005. Highlights include the withdrawal of BJ’s Warehouse proposal in the Bronx due to Council opposition, the expansion of the Port Morris mixed-use district, and a comprehensive rezoning of Kew Gardens and Richmond Hill to curb out-of-character development. The issue also reports on landmark approvals such as Balducci’s return to Greenwich Village and the renovation of the Beaver Building. Legal updates include court decisions on Two Columbus Circle and a challenge to the approval of an IKEA superstore in Red Hook. …
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Publications
No abstract provided.
Delawate River Basin Compact, Jeffrey Featherstone
Court Reviews: The Takings Doctrine And Exactions, John R. Nolon, Jessica A. Bacher
Court Reviews: The Takings Doctrine And Exactions, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Exactions occur when applications to develop parcels of land require governmental permission, and that permission is conditioned upon dedicating part of the land to public use. Exactions have long been challenged as regulatory takings, and both federal and state courts look at these types of regulations with a heightened level of scrutiny due to the nature of exactions to remove a crucial element from the bundle of property rights associated with ownership of real property: the right to exclude. This column discusses a recent example of exactions jurisprudence applied in New York and goes on to compare that decision in …
Cityland – Vol. 2, No. 1, Center For New York City Law
Cityland – Vol. 2, No. 1, Center For New York City Law
CityLand - 2005
This February 2005 issue of CityLand highlights major land use and zoning developments in New York City. It covers the City Council’s approval of a large-scale residential and mixed-use development in Clinton, Manhattan, including two 24-story towers and a platform over an Amtrak rail cut. The issue also reports on modifications to the Hudson Yards plan, protection of natural areas, and expansion of Brooklyn high schools. Landmark designations and legal decisions are featured, including the creation of a new historic district in Queens and court rulings on building variances. The Center for New York City Law is honored with a …
The Landscape Art Of Daniel Urban Kiley, John Nivala
The Landscape Art Of Daniel Urban Kiley, John Nivala
William & Mary Environmental Law and Policy Review
No abstract provided.
Brief Of The American Planning Association Et Al. As Amici Curiae In Support Of Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), John D. Echeverria
Brief Of The American Planning Association Et Al. As Amici Curiae In Support Of Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), John D. Echeverria
U.S. Supreme Court Briefs
No abstract provided.
Brief Of The National League Of Cities Et Al. As Amici Curiae Supporting Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), J. Peter Byrne
Brief Of The National League Of Cities Et Al. As Amici Curiae Supporting Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), J. Peter Byrne
U.S. Supreme Court Briefs
No abstract provided.
Eminent Domain And The "Public Use": Michigan Supreme Court Legislates An Unprecedented Overruling Of Poletown In County Of Wayne V. Hathcock, John E. Mogk
Law Faculty Research Publications
No abstract provided.
Cultural Displacement: Is The Glbt Community Gentrifying African American Neighborhoods In Washington, D.C.?, Chris Mcchesney
Cultural Displacement: Is The Glbt Community Gentrifying African American Neighborhoods In Washington, D.C.?, Chris Mcchesney
The Modern American
No abstract provided.
Paradigms Of Positive Change: Reordering The Nation's Land Use System, John R. Nolon
Paradigms Of Positive Change: Reordering The Nation's Land Use System, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article begins with a brief look at the system’s familiar dysfunctions, continues with a lengthier examination of positive examples of reform, emphasizes the importance of coalition building in the reform process, and ends with the observation that reform efforts should be organized by the task of creating essential connections among the governments involved.
The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer
The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer
Georgia Law Review
There has been considerable debate over creating a market for water withdrawal permits in Georgia. Water market proponents argue that Georgia currently lacks the tools to reallocate water efficiently and to sustain continued economic growth. Opponents argue that a market is an inappropriate way for Georgia to introduce economic incentives into water management. This Note rejects the dichotomous choice between market and non market institutions. Instead, it presents a range of water reallocation mechanisms and argues that water supply solutions should be tailored to meet specific problems and objectives. Such an approach emphasizes the need for regional planning and management …
Commercially Harvesting Endangered Salmon? Rethinking The Interaction Of Salmon Hatcheries And The Endangered Species Act After Alsea Valley Alliance V. Evans, Joseph A. Brown
Georgia Law Review
Prior to 2001, a dichotomy existed in the application of the Endangered Species Act. Naturally spawned salmon, dwindling in number, were afforded the Act's protection while hatchery-spawned salmon, released in the billions each year, were commercially harvested and almost universally excluded from the Act's purview. A recent federal district court decision, however, held that the salmon listing decisions had not properly considered the contribution of hatchery-spawned salmon. Although the subsequent agency review mandated by the court decision left the listing determinations largely unchanged, this Note argues that the most profound implications of the court's decision regard hatchery management rather than …
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Scholarly Works
Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin
Scholarly Works
No abstract provided.
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
William Mitchell Law Review
This article assesses the significance of Hess for Minnesota’s recreational trail system and the conversion of rails to trails. Part II describes the legal context within which Hess was decided, with particular emphasis on the methodology of constructing ancient deeds to railroads and the public policy underlying the MTA. Part III sets forth the facts giving rise to the Hess decision and details the approach adopted by the court of appeals—an approach which, if affirmed by the supreme court, would have facilitated a parcel by parcel attack on the state’s ownership of its recreational trails and potentially limited the application …
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
Washington International Law Journal
In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …
Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue
Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue
Law Faculty Publications
This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.
Kelo Et Al. V. City Of New London - Takings Law - This Land Is Your Land?, Ronald S. Cope
Kelo Et Al. V. City Of New London - Takings Law - This Land Is Your Land?, Ronald S. Cope
Public Interest Law Reporter
No abstract provided.
Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin
Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin
Scholarly Works
By 2004, more than half of the United States population resided within fifty miles of the coastline, contributing to the mounting pressures on waterfront development. Local waterfront revitalization plans have great potential to efficiently guide community and coastal development in a coordinated fashion across municipal boundaries. Coordination includes intermunicipal and intergovernmental cooperation and consistency as well as coordination between planning and land use controls within the coastal zone and within the boundaries of coastal communities. Part I of this article examines the history of the Coastal Zone Management Act (CZMA)with a particular examination of the Act's impact on local comprehensive …
Unsubsidizing Suburbia, Nicole Stelle Garnett
Unsubsidizing Suburbia, Nicole Stelle Garnett
Journal Articles
Review essay of The Urban Origins of Suburban Autonomy by Richardson Dilworth, Harvard University Press, 2005.
Gone Too Far: Oregon's Measure 37 And The Perils Of Over-Regulating Land Use, Sara Bronin
Gone Too Far: Oregon's Measure 37 And The Perils Of Over-Regulating Land Use, Sara Bronin
Faculty Articles and Papers
No abstract provided.
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
Faculty Scholarship
This Essay explores the puzzle of Vermont Yankee v. NRDC. Vermont Yankee stands as a definitive rejection of judicial efforts to control burgeoning informal rulemaking by adding to the procedural requirements contained in the Administrative Procedure Act. Yet judicial expansion of the APA's procedural requirements has continued apace, and the Court's simultaneous sanction of searching substantive scrutiny sits oddly with its excoriation of the D.C. Circuit for that court's perceived procedural excesses. To understand Vermont Yankee, the Essay puts the decision in its administrative and judicial context, exploring the case law and practical dilemmas facing administrators, advocates, and judges as …
The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman
The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman
Cardozo Journal of Conflict Resolution
Discussions of what justice means in mediation have a dialectical quality to them. At various points in the field's history, the notion that justice in mediation consists of fully maximized disputant self-determination holds sway. At other historical moments, a tentative consensus appears to recognize that justice in mediation requires normative content independent of the disputants' beliefs and values.
Executive Power And The Public Lands, Harold H. Bruff
Executive Power And The Public Lands, Harold H. Bruff
University of Colorado Law Review
No abstract provided.
Relocating Disorder, Nicole Stelle Garnett
Relocating Disorder, Nicole Stelle Garnett
Journal Articles
Judicial challenges to order-maintenance policing apparently are leading some city officials to adapt the tools of property regulation to a task traditionally reserved for the police - the control of disorderly people. Examples of efforts to regulate disorder, ex ante, through land-management strategies include homeless campuses that centralize housing and social services, neighborhood exclusion zone policies that empower local officials to exclude disorderly individuals from struggling communities, and the selective targeting of inner-city neighborhoods for aggressive property inspections. These tactics employ different management techniques - some concentrate disorder and others disperse it - but they have same goal: to relocate …