Land Use Law Commons^™

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske

Natural Resources Journal

No abstract provided.

Cityland – Vol. 9, No. 4, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and preservation developments in New York City as of June 2012. The City Council approved the Mill Basin rezoning and land disposition plan, facilitating Kristal Auto Mall’s relocation and Toys ‘R’ Us site improvements. Taconic Investment Partners received approval to revive a seven-story residential project in Tribeca. The City Planning Commission approved a large contextual rezoning for Woodhaven and Richmond Hill, and certified major rezonings for Bedford-Stuyvesant North and West Harlem. A special permit was considered for a nine-story building at 83 Walker Street in Tribeca. The Commission also reviewed a retroactive …

American Indian Water Right Settlements, Darcy Bushnell

Publications

No abstract provided.

Cityland – Vol. 9, No. 3, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of May 2012. The City Council approved Rudin Management’s redevelopment of the former St. Vincent’s Hospital campus in Greenwich Village, including preservation of the Reiss Pavilion and creation of an AIDS memorial park. The City Planning Commission certified Jewish Home Lifecare’s proposal for a new nursing home on West 97th Street, despite community concerns about land scarcity. Landmarks resolved a long-standing conflict over an illegal addition on West 68th Street and approved revised additions to two buildings on Lispenard Street in Tribeca. The Park …

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …

Misappropriation And Patenting Of Traditional Ethnobotanical Knowledge And Genetic Resources, Maxim V. Gubarev

Journal of Food Law & Policy

Four-fifths of all pharmaceuticals have been developed from natural plant resources, and native plant resources similarly play a significant role in the development of new and improved crops.

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Articles

No abstract provided.

Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser

Books

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …

Tribes As Conservation Easement Holders: Is A Partial Property Interest Better Than None?, Jessica Owley

Contributions to Books

Published as Chapter 8 in Tribes, Land, and the Environment, Sarah Krakoff & Ezra Rosser.

New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer

Publications

No abstract provided.

Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle

Pepperdine Law Review

No abstract provided.

The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …

Globalization And The Re-Establishment Of Women's Land Rights In Nigeria: The Role Of Legal History, Adetoun Ilumoka

Chicago-Kent Law Review

Much has been written on women's limited legal rights to land in Nigeria and elsewhere in Africa, which is often attributed to custom and customary law. Persisting biases against women in legal regimes governing land ownership, allocation and use, result in a situation in which women, in all age groups, are vulnerable to dispossession and to abuse by male relatives in increasingly patriarchal family and community governance structures.

This paper raises questions about the genesis of ideas about women's rights to land in Nigeria today. It is an analysis of two court cases from South Western Nigeria in the early …

Profile - The Gates Foundation Leed Platinum Seattle Headquarters, James Hagy

Rooftops Project

In this first article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, visits with the Gates Foundation at its recently opened LEED Platinum Seattle headquarters campus.

Rluipa: What's The Use, Jason Z. Pesick

Michigan Journal of Race and Law

After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …

Earth, Air, Water And Fire: The Classical Elements Confront Land And Energy, Steven Ferrey

Suffolk University Law School Faculty Works

For thousands of years, the classical theory, which was considered the best science of the time and was observed my most cultures and religions of the world, held that there were four basic elements from which everything in life was constructed: Earth, Water, Air and Fire. This classical theory anchored Hinduism, Buddhism, Chinese and Japanese religions, as well as Greek philosophy. From these classical elements, all matter was derived. From the time of Aristotle to relatively recent times, this theory persisted. These classical elements were thought to be at the core of alchemy in Medieval times.

This article transposes this …

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin

Scholarly Works

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

The Future Of Abandoned Big Box Stores : Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah B. Schindler

Faculty Publications

Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …

Of Backyard Chickens And Front Yard Gardens: The Conflict Between Local Governments And Locavores, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Locavores aim to source their food locally. Many locavores are also concerned more broadly with living sustainably and decreasing reliance on industrial agriculture. As more people have joined the locavore movement, including many who reside in urban and suburban areas, conflict has emerged between the locavores’ desires to use their private property to produce food — for personal use and for sale — and municipal zoning ordinances that seek to separate agriculture from residential uses. In this article, I consider the evolution of this conflict and its implications for our systems of land use, local government, and environmental law. Specifically, …

Cityland – Vol. 9, No. 2, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and zoning developments in New York City as of March 15, 2012. The City Council approved the creation of the Westchester Square BID in the Bronx after resolving procedural notice issues. The City Planning Commission held a hearing on the “Zone Green” zoning text amendment to promote energy-efficient retrofits and green building design. A residential development was authorized in a manufacturing district in Ridgewood, Queens. BSA approved reduced parking requirements for a medical facility in Brooklyn despite community opposition. Landmark approvals included the Metropolitan Museum of Art’s plaza renovation and the restoration …

The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner

Pepperdine Law Review

No abstract provided.

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

Pepperdine Law Review

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …

Why Land Tenure Reform Is The Key To Political Stability In Tonga, Kersti Harter Kennedy

Washington International Law Journal

The Kingdom of Tonga, a South Pacific country, erupted in violent pro-democracy riots in late 2006 after decades of political unease. Tonga’s people are divided into two main classes: the nobles and the commoners. These two classes have long differed in political and land rights in a hierarchy that is typical of chiefdoms such as Tonga. Tonga’s government has attempted to deal with the sometimes violent, commoner-led pro-democracy movement by amending its Constitution to allow commoners to vote for more of the members of the Legislative Assembly. The resulting government and the noblemen have not, however, shown a commitment to …

Exactions For The Future, Timothy M. Mulvaney

Faculty Scholarship

New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.