Land Use Law Commons^™

Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer

Publications

No abstract provided.

Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan

Publications

No abstract provided.

Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth

Publications

No abstract provided.

Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders

Publications

No abstract provided.

Historic El Vado Reservoir Operations, Viola Sanchez

Publications

No abstract provided.

Cityland – Vol. 5, No. 4, Center For New York City Law

CityLand - 2008

The May 2008 issue of CityLand covers major land use and development initiatives across New York City. Highlights include the City Council’s approval of the 125th Street rezoning plan in Harlem, with modifications to address affordable housing and displacement concerns. The issue also reports on proposed zoning changes in Hudson Square, the certification of the Willets Point redevelopment plan, and revisions to the Coney Island rezoning. Landmark coverage includes the controversial MoMA tower proposal and St. Vincent’s Hospital expansion in Greenwich Village. The Economic Development Corporation announces RFPs for redevelopment projects at Bellevue Hospital, Kingsbridge Armory, and Stillwell Avenue in …

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle

Faculty Publications

No abstract provided.

Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis

Journal of Food Law & Policy

The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's history, perhaps …

Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The general doctrine of vested rights protects developers from changes in zoning after they have received a valid building permit. This article explains the two varieties of vested rights laws New York: statutory, and common law. Also discussed, is a new proposal for vested rights legislation that would increase protection for developers over the existing laws. The article closes by citing of some of the concerns with vested rights such as the single integrated project theory, losing vested rights by abandonment, and the equitable estoppel rule.

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

CityLand - 2008

The April 2008 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Major stories include the City Council’s approval of Sheldon Solow’s East River development and the 125th Street rezoning plan in Harlem. The issue also reports on the Williamsburg Grand Street rezoning, the withdrawal of a controversial loft conversion in Bushwick, and the MTA’s selection of Tishman Speyer’s $1B proposal for Hudson Yards. Landmark coverage includes the designation of Webster Hall, a proposed extension of the NoHo Historic District, and a hearing on St. Michael’s Church. Legal updates feature court …

Lighting And Dark Sky Regulation, Marjorie Palmer

Land Use Clinic

Thousands of lighting ordinances are currently in force in the United States. This memo: (1) explains and summarizes several examples of approaches to lighting control, including the International Dark-Sky Association’s (IDA) guidelines, a model lighting ordinance by another organization, and two lighting ordinances from counties in the United States; and (2) assesses and evaluates the IDA guidelines and other approaches.

Tribute To The Honorable Irma Raker Upon Her Retirement, Barlow Burke

Scholarly Articles in Law Reviews & Journals

In this article the author pays tribute to Judge Raker’s pre-law school tour de force citizen testimony in Eger v. Stone, 253 A.2d 372 (Md. 1969), which established the standard for credibility of lay witnesses in zoning cases, acceptance of citizen testimony as establishing the basis for an application’s denial, and acceptance of hearsay in an administrative forum in Maryland.

Judge Raker was a student of the author, who taught a course in modern land law at the Washington College of Law during Judge Raker’s tenure in law school. The article discusses two of Judge Raker’s real estate transaction opinions, …

Cityland – Vol. 5, No. 2, Center For New York City Law

CityLand - 2008

The March 2008 issue of CityLand covers significant land use developments and legal decisions in New York City. Highlights include City Council hearings on Solow Properties’ East Side development and Community Board 6’s 197-a plan, the approval of Karl Fischer-designed condos in Borough Park, and the Planning Commission’s actions on the Sunnyside Gardens Historic District and Grand Street rezoning in Williamsburg. The issue also reports on BFC Partners’ affordable housing project in Stapleton, Staten Island. BSA hearings include the Trump SoHo condo-hotel appeal and a variance request by Congregation Shearith Israel. Landmark coverage features the controversial Domino Sugar Factory redevelopment, …

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Land Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to other environmental regulations that create similar incentives--demonstrate that failing to compensate private landowners for the costs of regulation discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land use regulation is "underpriced" as compared to other environmental protection measures for which government agencies must pay. …

Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Wind power presents an opportunity to harness a sustainable renewable energy source without the use of fossil fuels, which creates a great opportunity to mitigate climate change. However, the large turbines necessary to harness wind energy present several land use issues. This article, in addition to giving an introduction into the benefits of wind power, discusses several of these issues including comprehensive planning, moratoriums on development, and various options and land use tools local governments may use to legally implement wind power within their jurisdictions.

Cityland – Vol. 5, No. 1, Center For New York City Law

CityLand - 2008

The February 2008 issue of CityLand highlights major land use developments and legal decisions in New York City. Key stories include the City Council’s approval of Columbia University’s Manhattanville expansion and Community Board 9’s 197-a plan, the designation of the Eberhard Faber Pencil Company Historic District, and the approval of Solow’s modified development plan for the former Con Edison site. The issue also covers the proposed Hudson Square North rezoning, the creation of the Park Slope Fifth Avenue BID, and the Planning Commission’s approval of Kaufman Astoria Studios’ mixed-use development. Landmark designations include the DUMBO Historic District and hearings on …

Drafting Local Ordinances For Natural Resource Protection, Jamie Baker Roskie, James W. Hawhee, Jeremy Cole

Land Use Clinic

Drafting, passing, and enforcing a successful ordinance can be a very difficult and complicated task.The purpose of this manual is to familiarize lay people interested in environmental protection with the tools necessary to draft and pass local ordinances that address their particular needs. A well-crafted ordinance can be a key tool in protecting the environment at the local level, and organizations and citizens can play a crucial role in drafting such laws.

Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen

William & Mary Environmental Law and Policy Review

No abstract provided.

Exclusionary Eminent Domain, David A. Dana

Faculty Working Papers

This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …

Ecosystem Co-Management Agreements: A Study Of Nation Building Or A Lesson On Erosion Of Tribal Sovereignty?, Marren Sanders

Buffalo Environmental Law Journal

No abstract provided.

Meas With Trade Measures And The Wto: Aiming Toward Sustainable Development?, Miguel A. Elizalde Carranza

Buffalo Environmental Law Journal

No abstract provided.

Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison

Water Matters!

State Senator Carlos Cisneros links New Mexico’s past, present and future.

Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin

Scholarly Works

Conflicts of interest, bias, and appearance of impropriety continue to plague players in the land use game whose conduct, as public sector officials, must be beyond reproach. This article provides an annual review of reported cases and opinions involving allegations of unethical conduct in land use decision making. Conflicts of interest cases focus on attorneys, and address issues including of counsel relationships, disqualification and fees. Conflicts based upon financial interests for board members are explored, as well as unique relationships that may arise when colleges and universities seek approvals. Criminal aspects of decision maker conduct are also reported. Appearance of …

An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco

UIC Law Review

No abstract provided.

Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa

Cleveland State Law Review

The dangers posed by abandoned and vacant properties present a matter of primary concern for municipalities, especially in older, industrial cities. Addressing these issues requires innovative methods and long-term planning. This Note examines the methods of attacking abandonment. Part II, describes the problems presented by abandoned and vacant housing. Part III examines the effectiveness of code enforcement and traditional tax foreclosure. Part IV analyzes privatized nuisance abatement suits and receiverships. Part V discusses land banks. Part VI argues that using broadly empowered privatized nuisance abatement suits for individual parcels and land banks for mass acquisitions is the most effective means …

The Future Of Our Land: Presidential Leadership, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Open letter to the President.

Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

How the land is developed to accommodate the next 100 million people in the U.S. is of critical importance. Future land use patterns and human settlements will determine how cost effective, equitable, and environmentally friendly the country will be in the twenty-first century. The big picture here focuses on metropolitan area settlement patterns. How do cities become more livable, attract back the affluent households they have lost, and develop the tax base they need to support their diverse populations and the cultural, civic, educational, and governmental services they provide their regions? How do older suburbs protect and enhance their aging …

Sepas, Climate Change, And Corporate Responsibility: The Contribution Of Local Government, Catherine J. Lacroix

Faculty Publications

Municipalities in the United States are increasingly active in the effort to reduce greenhouse gas emissions. Data suggest that the physical layout of communities and the buildings they contain make significant contributions to greenhouse gas emissions and thus to climate change. One useful tool for municipalities could be the Environmental Impact Statement (EIS), pioneered in the National Environmental Policy Act (NEPA) at the federal level and subsequently adopted as a policymaking guide in the State Environmental Policy Acts (SEPAs) of many states. A SEPA requires state governments - and, in six states, local governments as well - to consider the …

How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …

The Frontier Of Eminent Domain, Alexandra B. Klass

University of Colorado Law Review

The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government- initiated "economic development takings" led to eminent domain reform legislation in over forty states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state statutes to take private property to develop coal, oil, …