Land Use Law Commons^™

Revitalizing Our Urban Core Without Marginalizing Our Core People: Closing Tax Credit Loopholes For The Wealthy While Generating Ethnic Entrepreneurial Self Help Alternatives To Subsidized Gentrification, Roger M. Groves

ExpressO

This article provides the most comprehensive analysis to date of the New Markets Tax Credits program established by Congress. The purpose of the NMTCs is to use tax credits as incentives for investors to provide equity funds into low income areas. The article reveals that over $2 billion of federal tax subsidies that have been allocated to gentrified projects for the wealthy, rather than the intended beneficiaries – low income residents in the urban core – as Congress intended. The article proposes amendments to the statute and regulations to close unintended loopholes.

The article also creates a model for a …

The Social Obligation Of Property Ownership: A Comparison Of German And U.S. Law, Rebecca Lubens

ExpressO

Although both Germany and the United States have strong market-based economies characterized by rigorous protection of private property rights, the two countries have different conceptions of land ownership based on distinct notions of the individual’s place in society. Whereas property protection under the U.S. Constitution emphasizes individual freedom, German law explicitly considers the individual’s place in and relationship to the social order in defining ownership rights. The property clause in the German Grundgesetz (The Basic Law, the German constitution) contains an affirmative social obligation alongside its positive guarantee of ownership rights. The U.S. Constitution, on the other hand, does not …

Revitalizing Our Urban Core Without Marginalizing Our Core People: Closing Tax Credit Loopholes For The Wealthy While Generating Ethnic Entrepreneurial Self Help Alternatives To Subsidized Gentrification, Roger M. Groves

ExpressO

This article provides the most comprehensive analysis to date of the New Markets Tax Credits program established by Congress. The purpose of the NMTCs is to use tax credits as incentives for investors to provide equity funds into low income areas. The article reveals that over $2 billion of federal tax subsidies that have been allocated to gentrified projects for the wealthy, rather than the intended beneficiaries – low income residents in the urban core – as Congress intended. The article proposes amendments to the statute and regulations to close unintended loopholes.

The article also creates a model for a …

British National Parks For North Americans: What We Can Learn From A More Crowded Nation Proud Of Its Countryside, Federico Cheever

ExpressO

England and Wales contain twelve national parks coverings more than 10 percent of their landscape. Although these parks are managed as national resources, the vast majority of the land within their borders is privately owned. Although they are managed to preserve their natural qualities, they contain farms, towns and roughly 300,000 people. They contain nothing North Americans would consider wilderness. Although recognized national assets, nationally funded, they are administered by boards made up largely of local representatives. Since passage of the National Parks and Access to Countryside Act of 1949, the British have managed to develop a national park system …

Cityland – Vol. 3, No. 7, Center For New York City Law

CityLand - 2006

The August 2006 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved a controversial rezoning in Pelham Parkway and Indian Village, Bronx, and finalized designations for two West Village historic districts. The School Construction Authority received approval to convert the former Brooklyn Family Court into a high school. The Planning Commission approved Silvercup Studios’ 2-million-square-foot mixed-use development in Long Island City, and certified a downzoning proposal for Douglaston/Little Neck. A private developer’s rezoning in North Tribeca was approved despite opposition. The Commission also extended the inclusionary housing program to Queens for …

Cityland – Vol. 3, No. 6, Center For New York City Law

CityLand - 2006

The July 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a 70-block rezoning in Jamaica Hill and Hillcrest, Queens, including the creation of a new R5D zoning district. Forest City Ratner’s 75-story development in Lower Manhattan will include a public school. The Council also approved a lease for the South Brooklyn Marine Terminal and a 12-story homeless housing facility on East Houston Street. The Planning Commission approved a rezoning and pedestrian bridge for Manhattan College’s parking garage and supermarket project, and a special permit for public parking at the …

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby

Natural Resources Journal

No abstract provided.

A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett

Natural Resources Journal

No abstract provided.

The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia

Natural Resources Journal

No abstract provided.

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

As the price of housing continues to rise in the New York metropolitan area, municipalities have begun creating inclusionary housing ordinances to ensure working families have a place to call home. This article analyzes the effects of inclusionary zoning ordinances on the economics of affordable housing and suggests several potential methods that local, state, and federal government may utilize to ease the financial burden on developers willing to construct affordable housing projects.

Cityland – Vol. 3, No. 5, Center For New York City Law

CityLand - 2006

The June 2006 issue of CityLand highlights significant land use, preservation, and development actions across New York City. The City Council approved a two-tower residential development on the Williamsburg waterfront and applied the Inclusionary Housing Program to the site. A mixed-use development combining a public school and residential tower was approved on the Upper East Side, facilitated by amendments to the Educational Construction Fund zoning provisions. The Planning Commission approved a 134-block rezoning in Maspeth and Woodside, Queens, and the construction of a new Willis Avenue Bridge over the Harlem River. BSA decisions included variances for a Williamsburg synagogue, a …

Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.

50 slides.

Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Maggie Fox, President, America Votes, Boulder, CO.

Presenter: Susan Avery, Interim Provost and Executive Vice-Chancellor for Academic Affairs, University of Colorado.

Presenter: Roger Pielke, Jr., Professor, Environmental Studies, Center for Science and Technology Policy Research, University of Colorado.

4 slides.

Global Warming And Transportation System Planning, Bob Yuhnke

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Bob Yuhnke, Robert E. Yuhnke & Associates, Boulder, CO.

4 pages.

Slides: Sea Level Rise: Let The Lawsuits Begin!, John P. Casey

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: John P. Casey, Land Use Attorney, Robinson & Cole, Hartford, CT.

1 page and 75 slides.

Using the changing nature of coastal shorelines as a basis for his presentation, Mr. Casey will discuss the challenges of protecting a landowner's interest in preserving her land, while at the same time protecting the environment and respecting the natural changes that are bound to occur over time. Mr. Casey will focus on the how the application of laws designed to protect the environment - especially in cases where changes take place over time to alter the physical characteristics of the land - …

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Slides: The Real Biofuel Cycles And The Earth, Biofuels, And Reality, Tad W. Patzek

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Tad W. Patzek, Professor of Petroleum Engineering, University of California at Berkeley, Berkeley, CA

2 pages and 29 slides.

Contains footnotes.

Slides: Planning For Sustainable Growth: Main Street Revitalization, Katherine Cornwell

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Katherine Cornwell.

33 slides.

A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich

ExpressO

No abstract provided.

Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang

Washington International Law Journal

China is under increasing international scrutiny as the country’s economic growth launches the previously isolated nation onto the world stage. As the national wealth increases at a record rate, the government is constantly modifying strategies to ensure its economic stability. In response to this nearly unmanageable growth, entire Chinese cities are remodeled and progressively more privatized, while urban dwellers are evicted from their homes in the name of economic development. These urban land acquisitions often occur with little or no compensation, while private developers reap the economic benefits. These policies follow a pattern of development replayed throughout history, notably in …

Who Will Redevelop Redevelopment?, Tim Kowal

ExpressO

Although California’s redevelopment law is among the strictest in the nation, from a layperson’s perspective, redevelopment agencies (RDAs) appear to be no more obstructed from their projects in California as they would be in, say, Connecticut. This article addresses a sort of “tragedy of the commons” problem applied to redevelopment: If redevelopment powers are “over-harvested” such as to instigate serious political revolt against them, they will become barren and useless, and will no longer be available for the purposes for which they were intended and for which they are still needed. Even assuming that redevelopment is efficacious and necessary, redevelopment …

Cityland – Vol. 3, No. 4, Center For New York City Law

CityLand - 2006

The May 2006 issue of CityLand highlights significant land use and preservation developments across New York City. The City Council approved the rezoning of 83 blocks in Utopia Estates and Fresh Meadows, Queens, to curb oversized home construction. The Council also approved the designation of the Fieldston Historic District in the Bronx, rejecting allegations of discrimination. The Planning Commission approved a text amendment and special permits for a mixed-use development at 311 West Broadway in SoHo, and certified applications for air rights transfers from the Al Hirschfeld Theatre and multiple parking garages in the Columbus Circle area. BSA decisions included …

House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff

Georgetown Law Historic Preservation Papers Series

In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?

Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have a …

Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp

ExpressO

Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.

Improving Historic Preservation Enforcement In The District Of Columbia, David J. Henry

Georgetown Law Historic Preservation Papers Series

Within the past few years, the creation of the Office of Administrative Hearings (OAH) has been an important change in the District of Columbia government. OAH is viewed by many as an innovative government agency that provides fair and impartial administrative adjudication for District agencies, with efficiency. However, since OAH began full operations in 2004, the effectiveness of historic preservation enforcement has actually decreased. The primary indicators of this are the fewer number of completed adjudications and the smaller amount of fines collected in the past year.

This paper is a policy paper. As such, the paper will identify problems …

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …

Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp

ExpressO

Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …

A Common Tragedy: Condemnation And The Anticommons, Robert L. Scharff

ExpressO

Abstract: Economic development of land may be suboptimal where multiple parties have the legal right to exclude use of the property in question. Michael Heller labeled this phenomenon the ‘anticommons.’ It has been argued that condemnation of private property for economic development is a potentially efficiency-enhancing solution to the anticommons problem. Until recently, this argument was largely academic. However, with the recent Supreme Court decision in Kelo v. City of New London, condemnation for economic development is now a valid policy choice. In this paper, I argue that the economic models used to justify condemnation are fundamentally flawed and that …