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Land Use Law Commons

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2008

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Articles 1 - 30 of 106

Full-Text Articles in Land Use Law

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher Dec 2008

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.


Cityland – Vol. 5, No. 11, Center For New York City Law Dec 2008

Cityland – Vol. 5, No. 11, Center For New York City Law

CityLand - 2008

The December 2008 issue of CityLand covers significant land use and legal developments in New York City. Highlights include the City Council’s approval of the East Village/Lower East Side rezoning and the controversial Willets Point Redevelopment Plan, both with concessions on affordable housing and community engagement. The issue also reports on the approval of the Hunter’s Point South waterfront development and the Via Verde affordable housing project in Melrose, Bronx. Landmark coverage includes the designation of NYU’s Silver Towers and the Prospect Heights Historic District, as well as criticism of the South Street Seaport redevelopment proposal. Legal decisions include the …


Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker Dec 2008

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker

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 that were handed down by Georgia appellate courts between June 1, 2007 and May 31, 2008. The cases surveyed fall primarily within five categories: (1) zoning, (2) condemnation, (3) nuisance and trespass, (4) easements and restrictive covenants, and (5) miscellaneous.


Cityland – Vol. 5, No. 10, Center For New York City Law Nov 2008

Cityland – Vol. 5, No. 10, Center For New York City Law

CityLand - 2008

The November 2008 issue of CityLand reports on major land use and preservation developments in New York City. The City Council modified the Dutch Kills rezoning to increase FAR and address hotel development concerns, approved the creation of the Special St. George District in Staten Island, and passed legislation requiring waterfront planning updates every ten years. The Council also approved the Hospital for Special Surgery’s expansion over the FDR Drive and extended the West Chelsea Historic District. The City Planning Commission approved modified plans for Willets Point and Hunter’s Point South, and reduced building heights and densities in the 125th …


The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey Nov 2008

The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey

Land Use Clinic

Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.


Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker Nov 2008

Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker

BYU Law Review

No abstract provided.


The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin Nov 2008

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin

Cornell Law Faculty Publications

Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities' long-held power over land use regulation. In the authors' view, this quiet revolution would occur when policymakers and the public recognized that certain problems - like environmental destruction - were too big for localities to handle on their own. Although the quiet revolution has not yet occurred, this Article suggests that it will, and should, occur alongside the ever-growing green building movement. This movement presents practical and ideological challenges to our current system of regulating land use. This Article …


Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher Oct 2008

Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …


Cityland – Vol. 5, No. 9, Center For New York City Law Oct 2008

Cityland – Vol. 5, No. 9, Center For New York City Law

CityLand - 2008

The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …


Land & Water Planning In The Middle Valley, Sandy Fish Oct 2008

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.


Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons Oct 2008

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.


Land Use, Water Conservation And Other Things To Think About, Dale Dekker Oct 2008

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.


Are We Making The Land/Water Connection?, Lora A. Lucero Oct 2008

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.


Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia Oct 2008

Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia

Natural Resources Journal

No abstract provided.


The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller Oct 2008

The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller

Natural Resources Journal

No abstract provided.


Role Of The State - Ose Water Availability Opinions, John Longworth, P.E. Oct 2008

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.


Regulating Land Use - Protecting The Water, Joseph Quintana Oct 2008

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.


The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson Oct 2008

The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson

Research Collection School of Social Sciences

No abstract provided.


Cityland – Vol. 5, No. 8, Center For New York City Law Sep 2008

Cityland – Vol. 5, No. 8, Center For New York City Law

CityLand - 2008

The September 2008 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Rockaway rezoning plan and the NoHo Historic District extension, including the controversial Whitehouse Hotel. Amendments to the Hudson Yards zoning text were adopted, and the Council passed new site safety laws for construction workers. The City Planning Commission heard testimony on the East Village/Lower East Side rezoning, the Hunter’s Point South redevelopment, and approved plans for the Whitney Museum’s downtown expansion and the Hospital for Special Surgery’s River Building over the FDR Drive. Staten Island’s new courthouse …


Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher Aug 2008

Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.


Cityland – Vol. 5, No. 7, Center For New York City Law Aug 2008

Cityland – Vol. 5, No. 7, Center For New York City Law

CityLand - 2008

The August 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council approved a compromise rezoning for Hudson Square and a rezoning for Mott Haven to allow 600 new housing units. A text amendment was passed to protect Carroll Gardens from out-of-context development. Proposed changes to the Hudson Yards zoning text drew criticism from elected officials and community boards. The Planning Commission approved a 63-story tower at 610 Lexington Avenue using air rights from the landmarked Seagram Building. A controversial redevelopment plan for East Harlem was criticized for proceeding without a selected …


Cityland – Vol. 5, No. 6, Center For New York City Law Jul 2008

Cityland – Vol. 5, No. 6, Center For New York City Law

CityLand - 2008

The July 2008 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved a controversial 400-space parking garage in Midtown and landmarked Webster Hall in the East Village. The Planning Commission heard testimony on the Rockaway rezoning plan and reduced the scope of the Hudson Square rezoning. A text amendment was proposed to protect Carroll Gardens from out-of-context development. Landmark hearings included revised plans for St. Vincent’s Hospital and the Domino Sugar Refinery addition, both receiving mixed responses. The Commission also considered landmark status for Chase Manhattan Plaza and NYU’s Silver Towers. …


Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon Jul 2008

Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.


The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law Jul 2008

The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker Jul 2008

Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker

Publications

No abstract provided.


Ethics, Professionalism And Politics, Ronald Kaiser Jul 2008

Ethics, Professionalism And Politics, Ronald Kaiser

Publications

No abstract provided.


Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young Jul 2008

Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young

Publications

No abstract provided.


Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn Jul 2008

Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn

Publications

No abstract provided.


Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney Jul 2008

Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney

Publications

No abstract provided.


Congressional Concerns Related To The Energy-Water Nexus, Erik Webb Jul 2008

Congressional Concerns Related To The Energy-Water Nexus, Erik Webb

Publications

No abstract provided.