Land Use Law Commons^™

Sustainable Development Scenarios For The Richard B. Russell Parkway, Jesse Fountain, Judith R. Wasserman, Jamie Baker Roskie

Land Use Clinic

For many years local elected officials, the state legislative delegation, and community leaders worked diligently to get Richard Russell Parkway extended to Interstate 75 and provide the Warner Robins area with a second interchange to serve the City and Robins AFB. The project became a reality in the spring of 2002 when the Georgia Department of Transportation awarded a construction contract for the Parkway's extension. During the spring of 2003, with construction work progressing toward an October 31, 2004, completion date, the Mayor and City Council decided to explore alternative development concepts for the Parkway.

The goal of this document …

Who's Driving The Train? Railroad Regulation And Local Control, Maureen E. Eldredge

University of Colorado Law Review

No abstract provided.

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin

Scholarly Works

No abstract provided.

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Scholarly Works

No abstract provided.

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Ordering (And Order In) The City, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the broken windows hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle …

A Local Development Agreement On Access To Sacred Lands, Robert Retherford

University of Colorado Law Review

No abstract provided.

'Saddle Rock': Preemption Of Local Land Use Prerogatives, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Local municipalities have broad authority to regulate land use as provided in state legislation. Like all higher forms of legislation, state law occasionally preempts local legislatures from enacting laws. Generally preemption is appropriate when the area to be regulated by the local laws is comprehensively regulated by state law, the uniformity of the state law will benefit the localities, and inconsistencies in local law are harmful to land owners and municipalities. This article discusses the pros and cons of state preemption on various types of land use regulation.

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This case analysis examines several court decisions, including the results of three New York Court of Appeals cases where litigants challenged the constitutionality of municipal land use decisions. In each case, the court afforded the municipality deference and found that their objectives were rationally related to the decisions, mostly decisions to deny development. However, this presumption of validity given to local legislatures and quasi-judicial agencies presents a problem when land use decisions affect outside municipalities. Thankfully, through the use of training programs, municipalities are learning to work together to resolve intermunicipal land use issues.

Local Land Use: Decision Expands Federal Government's Role, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The United States Environmental Protection Agency (EPA), pursuant to its authority under the Clean Water Act, has promulgated regulations creating the Storm Water Management Program. Contrary to the overall Clean Water Act scheme, which focuses on reducing pollution from point sources, the program has the objective of reducing non-point source water pollution. However, this program is not without controversy as heavy burdens are placed upon local governments, who themselves lack the financial resources, manpower, or technology to implement a complex federal system without federal or state assistance.

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

Scholarly Works

No abstract provided.

Gulf River Estuary Natural Resources Inventory, Chantal Lefebvre, Dan Hellin, Chris Crawford

Urban Harbors Institute Publications

The purpose of this analysis is to inventory the present assemblage of natural resources in the vicinity of the Gulf River estuary as well as to provide information on land use, recreational use, and pollution threats and concerns. The inventory summarizes existing research and the knowledge and experience of local experts and residents who are most familiar with the Gulf River’s natural environment. It could be used as the first step toward producing a resource management plan for the Gulf River estuary.

The analysis was initiated and funded by the Gulf River Association and prepared to serve as a reference …

Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Great uncertainty surrounds the New York Open Meetings Law (OML), a law that permits the public to attend meetings of public bodies. Obviously, the OML becomes especially crucial in the area of land use where public governmental meetings are the norm, and conflicts usually involve several interested parties. This article delves into OML issues such as, what constitutes a public meeting, and the importance of having meetings open to the public.

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Scholarly Works

No abstract provided.

Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin

Scholarly Works

The article discusses the subject of land use planning and zoning for an aging community.

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

Federal Consistency In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a focus group on the topic of Federal Consistency in New Jersey.

In 1972, the U. S. Congress passed the Coastal Zone Management Act (CZMA), designed to “preserve, protect, develop, and where possible, to restore and enhance the resources of the nation's coastal zone.” The CZMA encouraged coastal states to develop and implement comprehensive management programs that balance the need for coastal resource protection with the need for economic growth and development within the coastal zone.

In the latter portion of the 1970s New Jersey developed a coastal management plan that was fully …

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Over thirty years ago The United States Court of Appeals upheld municipal efforts to control growth in the case Golden v. Ramapo. Since then, municipalities have come up with novel tools to harness development into sustainable patterns while mitigating damaging effects of sprawl. This article focuses on the renaissance of one popular land use device, performance zoning, and how the Town of Hyde Park uses this tool to promote growth in community centers and protect undeveloped areas.

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Scholarly Works

No abstract provided.

'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

Coalbed Methane In The San Juan Basin Of Colorado And New Mexico, Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell

Coalbed Methane Development in the Intermountain West (April 4-5)

35 pages (includes color illustrations and maps).

Contains 6 pages of endnotes.

Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner

Coalbed Methane Development in the Intermountain West (April 4-5)

50 pages (includes color illustrations and maps).

Contains 7 pages of endnotes.

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

Scholarly Works

No abstract provided.

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …

From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin

Scholarly Works

No abstract provided.

Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin

Scholarly Works

No abstract provided.