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Articles 121 - 150 of 217
Full-Text Articles in Land Use Law
Cityland – Vol. 5, No. 3, Center For New York City Law
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 …
Cityland – Vol. 5, No. 2, Center For New York City Law
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
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. …
Cityland – Vol. 5, No. 1, Center For New York City Law
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 …
Cityland – Vol. 4, No. 11, Center For New York City Law
Cityland – Vol. 4, No. 11, Center For New York City Law
CityLand - 2007
The December 2007 issue of CityLand covers major land use and development initiatives across New York City. It features contentious hearings on the redevelopment of Willets Point, the approval of a 63-story tower at 50 West Street using Battery Tunnel air rights, and the Planning Commission’s modifications to Columbia University’s Manhattanville expansion and Community Board 9’s 197-a plan. The issue also highlights new zoning standards for parking lots, a proposed crackdown on illegal hotel conversions, and a green roof tax incentive resolution. Landmark actions include the designation of the 19th-century P.S. 90 school in Brooklyn and the removal of the …
Cityland – Vol. 4, No. 10, Center For New York City Law
Cityland – Vol. 4, No. 10, Center For New York City Law
CityLand - 2007
This issue of CityLand covers significant land use and zoning developments in New York City as of November 15, 2007. Highlights include the designation of Sunnyside Gardens as a historic district, updates to public plaza design standards, and rezoning efforts in Forest Hills, St. Albans, and Hollis. The issue also reports on the Moynihan Station redevelopment, Columbia University's expansion plans in Manhattanville, and legal challenges surrounding the Trump SoHo development. Landmark designations, including the Lord & Taylor Building and the Eberhard Faber Pencil Company complex, are featured alongside summaries of ULURP and BSA pipeline applications. The issue concludes with a …
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
UF Law Faculty Publications
Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council—the modern U.S. Supreme Court's seminal regulatory takings decision—this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own—forming what this Article calls the new nuisance doctrine. As this Article …
Cityland – Vol. 4, No. 9, Center For New York City Law
Cityland – Vol. 4, No. 9, Center For New York City Law
CityLand - 2007
The October 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved DEP’s expansion of the Hunts Point water treatment plant, despite concerns over odor and air quality. The Upper West Side rezoning plan was modified to accommodate Jewish Home & Hospital, with restrictions negotiated by Council Member Katz. The Planning Commission approved the Bedford-Stuyvesant rezoning, the Trader Joe’s development in Cobble Hill, and a 57-story mixed-use tower at 400 Fifth Avenue. Amendments to the High Line zoning text allowed the City to build amenities in exchange for developer fees. …
Cityland – Vol. 4, No. 8, Center For New York City Law
Cityland – Vol. 4, No. 8, Center For New York City Law
CityLand - 2007
The September 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved the Jamaica rezoning plan with modifications, including changes to Hillside Avenue and manufacturing zones near the LIRR. Related Companies received approval for a 210-space garage at its High Line-adjacent luxury development. Solow Properties’ massive East Side redevelopment plan began public review. Basketball City was approved to relocate to Pier 36. City Planning proposed a zoning text amendment to make Landmarks the sole permitting authority for Sunnyside Gardens. The Commission approved a new BID for Hunts Point and a …
Cityland – Vol. 4, No. 7, Center For New York City Law
Cityland – Vol. 4, No. 7, Center For New York City Law
CityLand - 2007
The August 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council held a hearing on a proposed Charter amendment to allow Council review of BSA decisions. Rezoning plans were approved for Fort Greene/Clinton Hill and Dyker Heights/Fort Hamilton, and a home in Douglaston was re-designated after a court voided its inclusion. Competing redevelopment plans for Manhattanville were submitted by Columbia University and Tuck-It-Away Storage. The Planning Commission approved the East River Esplanade plan and the expansion of the Hunts Point pollution plant. A public hearing was held on the environmental …
Cityland – Vol. 4, No. 6, Center For New York City Law
Cityland – Vol. 4, No. 6, Center For New York City Law
CityLand - 2007
The July 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council adopted a new Building Code, the first major revision since 1968, to take effect in July 2008. A joint oversight hearing examined EDC’s $3 billion redevelopment plan for Willets Point, raising concerns over displacement and eminent domain. The Council approved the sale of air rights from a City-owned site in Downtown Brooklyn to facilitate a residential tower. Columbia University and Community Board 9 submitted competing development plans for Manhattanville. Solow Properties filed applications for a major redevelopment of the …
Cityland – Vol. 4, No. 5, Center For New York City Law
Cityland – Vol. 4, No. 5, Center For New York City Law
CityLand - 2007
The June 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved two affordable housing projects in Harlem despite community opposition and added restrictions to the sale of four former firehouses, limiting them to community use. Solow Management’s proposed 37-story tower on York Avenue entered public review, and HPD’s Boricua Village proposal for a large mixed-use development in Melrose, Bronx was approved. City Planning increased CEQR and ULURP fees. BSA dismissed a contentious Breezy Point appeal and approved a Dumbo residential conversion. A catering hall in Boro Park was ordered …
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Law Faculty Scholarship
In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …
Cityland – Vol. 4, No. 3, Center For New York City Law
Cityland – Vol. 4, No. 3, Center For New York City Law
CityLand - 2007
The April 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved redevelopment of the former Jamaica Courthouse into a mixed-use building incorporating the historic facade. The Planning Commission approved the sale of a former firehouse with a restriction for community use and a 369-space garage in Battery Park City. BSA decisions included a contentious appeal over a Breezy Point home, variances for residential buildings in Tribeca, and legalization of a NoHo hotel. Landmarks held a new hearing on re-inclusion of a Douglaston home into a historic district and calendared …
This Land Is Whose Land? The Feasibility Of Extraterritorial Jurisdiction In West Virginia's Land Use Planning Laws, Lori Schwartzmiller
This Land Is Whose Land? The Feasibility Of Extraterritorial Jurisdiction In West Virginia's Land Use Planning Laws, Lori Schwartzmiller
West Virginia Law Review
No abstract provided.
A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin
A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Focusing on Delaware, this article will argue that the United States Supreme Court's decision in Kelo v. New London gave state legislatures an open invitation to shape their public use frameworks, but their responses must be measured and well-reasoned because the consequences of reactionary legislation may put a stranglehold on state and local governments trying to exercise eminent domain for unanimously accepted public uses. Part I will trace the most pertinent federal jurisprudence through Kelo. Part II will survey Delaware’s public use jurisprudence. Part III will introduce the Delaware General Assembly’s legislative response to Kelo. Part IV will serve as …
Beyond Fairness: What Really Works To Protect Farmland, Jesse Richardson
Beyond Fairness: What Really Works To Protect Farmland, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Cityland – Vol. 4, No. 2, Center For New York City Law
Cityland – Vol. 4, No. 2, Center For New York City Law
CityLand - 2007
The March 2007 issue of CityLand covers significant land use, preservation, and development actions across New York City. The City Council approved a modified bulk waiver for West 60th Street Associates’ mixed-use development, limiting its applicability to Manhattan Community Board 7. Council also passed amendments to the Department of Buildings’ self-certification program, tightening rules and enforcement. The Planning Commission approved the creation of the Court Livingston Schermerhorn BID in Downtown Brooklyn. BSA decisions included a variance for residential conversion in Carroll Gardens and legalization of a New York Sports Club in SoHo. Landmarks rejected designation of the Renaissance Ballroom in …
Cityland – Vol. 4, No. 1, Center For New York City Law
Cityland – Vol. 4, No. 1, Center For New York City Law
CityLand - 2007
The February 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council re-designated the First Avenue Estate buildings in Lenox Hill, reversing a 1990 Board of Estimate decision. A controversial rezoning in Douglaston and Little Neck was modified and approved. The Planning Commission approved a rezoning and special permits for a mixed-use development near Lincoln Center, including a new bulk waiver affecting ten community districts. BSA decisions included variances for a modern condo on Greenwich Avenue, denial of a catering hall in a Brooklyn yeshiva, and refusal to grandfather Park Slope …
Cityland – Vol. 3, No. 11, Center For New York City Law
Cityland – Vol. 3, No. 11, Center For New York City Law
CityLand - 2006
The December 2006 issue of CityLand covers major land use, preservation, and legal developments across New York City. The City Council passed legislation increasing penalties for illegal construction and unauthorized demolition. BSA approved variances for residential and hospital developments in Chelsea and Queens, and a mixed-use project on a former cemetery site in Corona. Landmarks designated the New York Cab Company Stable but declined to landmark the Dakota Stables due to preemptive alterations. The Commission re-designated two City and Suburban Homes buildings in Lenox Hill, reversing a 1990 Board of Estimate decision. Hearings were held on three Far West Village …
Cityland – Vol. 3, No. 10, Center For New York City Law
Cityland – Vol. 3, No. 10, Center For New York City Law
CityLand - 2006
The November 2006 issue of CityLand covers significant land use, preservation, and development actions across New York City. The City Council approved the redevelopment plan for Stapleton Homeport in Staten Island, transforming a former Navy base into a mixed-use waterfront district. The Planning Commission approved rezoning in Prince’s Bay and special permits for hotel development over Amtrak rail lines in Clinton. BSA decisions included a variance for youth housing in the Bronx, denial of vested rights in Queens, and approval of Columbia University’s science building. Landmark actions included hearings on the Dakota and New York Cab Company stables in the …
Cityland – Vol. 3, No. 9, Center For New York City Law
Cityland – Vol. 3, No. 9, Center For New York City Law
CityLand - 2006
The October 2006 issue of CityLand highlights major land use, preservation, and development actions across New York City. The City Council held hearings on a proposal to create Industrial Employment Districts to protect manufacturing zones. The Planning Commission recommended an eight percent reduction in Forest City Ratner’s Atlantic Yards project and approved development in College Point after resolving landfill issues. BSA denied a grandfathering application in South Park Slope and approved variances for a SoHo development and a waterfront home in Douglaston. Landmark actions included approval of a 15-story building in the Ladies’ Mile Historic District, an emergency hearing on …
Cityland – Vol. 3, No. 8, Center For New York City Law
Cityland – Vol. 3, No. 8, Center For New York City Law
CityLand - 2006
The September 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a modified rezoning in North Tribeca, reducing building height and floor area in response to community opposition. Landmark designations for two Staten Island homes were approved despite owner objections. The Planning Commission approved a special permit for retail use at the Plaza Hotel and expanded air rights for the Hirschfeld Theatre. BSA decisions included denial of a permit for illegal demolition in Park Slope, approval of variances for the Whitney Museum expansion, residential use in Red Hook, a dormitory …
Cityland – Vol. 3, No. 7, Center For New York City Law
Cityland – Vol. 3, No. 7, Center For New York City Law
CityLand - 2006
The August 2006 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved a controversial rezoning in Pelham Parkway and Indian Village, Bronx, and finalized designations for two West Village historic districts. The School Construction Authority received approval to convert the former Brooklyn Family Court into a high school. The Planning Commission approved Silvercup Studios’ 2-million-square-foot mixed-use development in Long Island City, and certified a downzoning proposal for Douglaston/Little Neck. A private developer’s rezoning in North Tribeca was approved despite opposition. The Commission also extended the inclusionary housing program to Queens for …
Cityland – Vol. 3, No. 6, Center For New York City Law
Cityland – Vol. 3, No. 6, Center For New York City Law
CityLand - 2006
The July 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a 70-block rezoning in Jamaica Hill and Hillcrest, Queens, including the creation of a new R5D zoning district. Forest City Ratner’s 75-story development in Lower Manhattan will include a public school. The Council also approved a lease for the South Brooklyn Marine Terminal and a 12-story homeless housing facility on East Houston Street. The Planning Commission approved a rezoning and pedestrian bridge for Manhattan College’s parking garage and supermarket project, and a special permit for public parking at the …
Cityland – Vol. 3, No. 5, Center For New York City Law
Cityland – Vol. 3, No. 5, Center For New York City Law
CityLand - 2006
The June 2006 issue of CityLand highlights significant land use, preservation, and development actions across New York City. The City Council approved a two-tower residential development on the Williamsburg waterfront and applied the Inclusionary Housing Program to the site. A mixed-use development combining a public school and residential tower was approved on the Upper East Side, facilitated by amendments to the Educational Construction Fund zoning provisions. The Planning Commission approved a 134-block rezoning in Maspeth and Woodside, Queens, and the construction of a new Willis Avenue Bridge over the Harlem River. BSA decisions included variances for a Williamsburg synagogue, a …
Cityland – Vol. 3, No. 4, Center For New York City Law
Cityland – Vol. 3, No. 4, Center For New York City Law
CityLand - 2006
The May 2006 issue of CityLand highlights significant land use and preservation developments across New York City. The City Council approved the rezoning of 83 blocks in Utopia Estates and Fresh Meadows, Queens, to curb oversized home construction. The Council also approved the designation of the Fieldston Historic District in the Bronx, rejecting allegations of discrimination. The Planning Commission approved a text amendment and special permits for a mixed-use development at 311 West Broadway in SoHo, and certified applications for air rights transfers from the Al Hirschfeld Theatre and multiple parking garages in the Columbus Circle area. BSA decisions included …
Cityland – Vol. 3, No. 3, Center For New York City Law
Cityland – Vol. 3, No. 3, Center For New York City Law
CityLand - 2006
The April 2006 issue of CityLand centers on the City Council’s approval of the new Yankee Stadium project in the Bronx, which includes a new stadium, 15.82 acres of new parkland, four parking garages, and a Yankees museum. The Council also held a hearing on the controversial designation of the Fieldston Historic District in the Bronx and approved a modified upzoning for two lots in East Windsor Terrace, Brooklyn. The Planning Commission approved the conversion of the Toy Center in Chelsea to residential use, a rezoning of 82 blocks in Bayswater and Far Rockaway, and a new DOT maintenance yard …
Cityland – Vol. 3, No. 2, Center For New York City Law
Cityland – Vol. 3, No. 2, Center For New York City Law
CityLand - 2006
The March 2006 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council approved rezonings in Sheepshead Bay and Homecrest, Brooklyn, and adopted follow-up corrective actions (FUCAs) for the Greenpoint-Williamsburg rezoning. The Planning Commission approved rezonings in Midwood, Pelham Bay, Westchester Square, and Middle Village/Glendale, as well as modifications to the High Line/West Chelsea district and the establishment of Flight 587 Memorial Park in Far Rockaway. A special permit for a parking garage in Gramercy was approved despite opposition from new Manhattan Borough President Scott Stringer. The Bay Ridge 5th …
Cityland – Vol. 3, No. 1, Center For New York City Law
Cityland – Vol. 3, No. 1, Center For New York City Law
CityLand - 2006
The February 2006 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved the redevelopment of the Bronx Terminal Market into a one-million-square-foot retail center and down-zoned 311 blocks in Whitestone, Queens. Staten Island saw three commercial rezonings and a text amendment to restrict residential-only development in commercial districts. The Council also approved zoning changes for Metropolis Studios in East Harlem and adopted 17 corrective amendments to the Hudson Yards revitalization plan. The Planning Commission approved rezonings in Baychester, Woodlawn, Ferry Point, Sheepshead Bay, and Homecrest. BSA decisions included variances for a …