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Land Use Law Commons

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2007

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Institution
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Articles 121 - 123 of 123

Full-Text Articles in Land Use Law

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett Jan 2007

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Journal Articles

Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in …


Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold Jan 2007

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …


Converting Brownfield Environmental Negatives Into Energy Positives, Steven Ferrey Jan 2007

Converting Brownfield Environmental Negatives Into Energy Positives, Steven Ferrey

Suffolk University Law School Faculty Works

There is a new paradigm for evaluating landfills. While landfills are contaminated repositories of hazardous wastes, they also are brownfields that can be redeveloped for renewable energy development. It is possible to view landfills through a new lens: As endowed areas of renewable energy potential that can be magnets for a host of renewable development incentives. Landfills also are critical resource areas for the control of greenhouse gases. Landfill materials decompose into methane, a greenhouse gas that is more than twenty times more potent -- molecule for molecule -- than carbon dioxide. This Article traces the molecular composition of waste …