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Articles 61 - 82 of 82

Full-Text Articles in Land Use Law

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham May 1977

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …


Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review Jan 1977

Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review

Michigan Law Review

This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …


Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax Dec 1976

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …


The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review Mar 1976

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.


Condemnation Blight And The Abutting Landowner, Michigan Law Review Jan 1975

Condemnation Blight And The Abutting Landowner, Michigan Law Review

Michigan Law Review

This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.


Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry Jan 1975

Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry

University of Michigan Journal of Law Reform

This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.


The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham Jan 1973

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …


Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky Jan 1972

Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky

University of Michigan Journal of Law Reform

The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.


Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr. May 1970

Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.

Michigan Law Review

Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.


Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin May 1970

Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin

Michigan Law Review

A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine


The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review May 1970

The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review

Michigan Law Review

The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …


Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies Dec 1968

Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies

University of Michigan Journal of Law Reform

As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …


Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham Feb 1968

Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham

Michigan Law Review

A Review of Land Development Law: Cases and Materials by George Lefcoe


Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham Nov 1967

Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham

Michigan Law Review

Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …


Boundaries: Description V. Survey, Olin L. Browder, Jr. Mar 1955

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …


Eminent Domain: Intergovernmental Conflicts Jan 1954

Eminent Domain: Intergovernmental Conflicts

Indiana Law Journal

No abstract provided.


Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S. Feb 1948

Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S.

West Virginia Law Review

No abstract provided.


Implied Easements-Ways Of Necessity As Involved In Eminent Domain Proceedings Oct 1937

Implied Easements-Ways Of Necessity As Involved In Eminent Domain Proceedings

Indiana Law Journal

Recent Case Notes


Law Of Oil And Gas, Iv, James A. Veasey Dec 1920

Law Of Oil And Gas, Iv, James A. Veasey

Michigan Law Review

This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …


Law Of Oil And Gas, James E. Veasey Jun 1920

Law Of Oil And Gas, James E. Veasey

Michigan Law Review

The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.


Law Of Oil And Gas, James A. Veasey May 1920

Law Of Oil And Gas, James A. Veasey

Michigan Law Review

The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …


Law Of Oil And Gas, James A. Veasey Apr 1920

Law Of Oil And Gas, James A. Veasey

Michigan Law Review

No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …