Land Use Law Commons^™

Toward Win-Win Sustainable Development, Linda Moon

Columbia Center on Sustainable Investment Staff Publications

An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.

Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov

University of Baltimore Journal of Land and Development

In late 2012 a bitter war was waged in a small Maryland town. Newspapers portrayed it as a David and Goliath type story; rural residents fighting big business developers to keep them from destroying their small town's charm and character. Yet underlying the conflict were commonplace issues of land use and planning, governed by a little known, yet surprisingly ubiquitous law, known as an Adequate Public Facilities Ordinance. To set the scene Frederick County, Maryland is like many other counties across the United States that are coping with the effects of growth and demographic change. In decades past its residents …

The Department Of The Interior's Final Rule Allots American Indians More Freedom To Lease Land For Residential, Commercial, And Renewable Energy Development In Order To Improve American Indians' Economic Condition, Jeffrey Crockett

University of Baltimore Journal of Land and Development

No abstract provided.

Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott

Theology & Religious Studies

Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom are increasingly marginalizing women from decision-making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing an appropriate legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyzes alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific Island countries, including recording and registration, as well …

Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne

University of Richmond Law Review

No abstract provided.

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.

Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl

University of Baltimore Journal of Land and Development

No abstract provided.

The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar

University of Baltimore Journal of Land and Development

No abstract provided.

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO

28 slides

Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Bart Miller, Western Resource Advocates, Boulder, CO

13 slides

Land Trusts That Conserve Communities, James J. Kelly Jr.

Journal Articles

Much has been written about land trusts that conserve wilderness, agriculture or other environmentally beneficial uses that would be threatened by unfettered development. In the context of inner-cities, Community Land Trusts (CLTs) conserve neighborhoods. Like their environmental and agricultural counterparts, CLTs employ use restrictions to prioritize communally beneficial development. Conserving communities, however, requires other legal tools as well. CLTs create and sustain permanently affordable homes to break the market’s bias toward socioeconomic homogeneity. CLTs also make room, literally, for green space, sites of shared culture and other productive activities that the market tends to commercialize or marginalize. By sustaining a …

Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Lora A. Lucero, AICP, American Planning Association

18 slides

Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jonathan Thompson, Editor, High Country News

23 slides

Slides: Incorporating Community Values Of Sustainability Into Resource Management: The Red Lady Case Study, Wendy Mcdermott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Wendy McDermott, Executive Director, High Country Citizens' Alliance, www.hccaonline.org

33 slides

Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region

13 slides

Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

8 pages.

Includes bibliographical references

"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.

Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich

University of Michigan Journal of Law Reform

In 1967, the U.S. Supreme Court, in United States v. Rands, expanded the navigational servitude doctrine governing the federal government's power over land adjoining a navigable waterway by severely qualifying the government's Fifth Amendment obligation to compensate the landowner. This Article addresses the issue in the following ways: Part I surveys Congress' power to regulate navigable waters under the Commerce Clause. Part II summarizes the development of the navigational servitude doctrine and some of its inhibitory effects on waterfront development, especially under Rands. It explains the fundamental unfairness of the Rands principle and demonstrates why this constitutional rule …

Land Use Planning Over The Last Forty Years: Fighting Sprawl Through Smart Growth Planning, Richard J. Ansson Jr.

Nevada Law Journal

No abstract provided.

William C. Clarke's Review Of R. Gerard Ward And Elizabeth Kingdon's Land, Custom, And Practice In The South Pacific, William C. Clarke

Pacific Studies

No abstract provided.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Less Law Than Meets The Eye, David D. Friedman

Michigan Law Review

A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson

Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle

Seattle University Law Review

Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …

Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann

University of Michigan Journal of Law Reform

Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.

City Zoning: The Once And Future Frontier, Michigan Law Review

Michigan Law Review

A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock

Everything In Its Place: Social Order And Land Use In America, Michigan Law Review

Michigan Law Review

A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin