Land Use Law Commons^™

The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce

Seattle University Law Review

When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Local Land Use Control In New York: An Aging Citadel Under Siege, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In New York, local officials determine the shape and pace of land development, decide the economic fate of land owners and are the stewards of our natural resources. The system of local control of land use has remained relatively static since it was first created by the state legislature over seven decades ago. Today, however, it is under siege. Its strength is being sapped by preemptive state and federal regulations; it is being attacked by environmentalists and developers alike. The state's highest court has called for fundamental reform.

Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski

Villanova Law Review (1956 - )

No abstract provided.

New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.

Fordham Urban Law Journal

Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …

Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.

Law Faculty Articles and Essays

In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …

Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce

Seattle University Law Review

This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein

Law Faculty Articles and Essays

Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …

On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew

Washington and Lee Law Review

No abstract provided.

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.

Law Faculty Articles and Essays

In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …

First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard

Villanova Law Review (1956 - )

No abstract provided.

For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold

Articles & Chapters

While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …

Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

22 pages.

Contains 2 pages of references.

Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman

Seattle University Law Review

The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …

Intergenerational Condemnation, Donald H. Gjerdingen

Articles by Maurer Faculty

Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …

William E. H. Tagupa's Review Of Marion Kelly's Nā Māla O Kona, The Gardens Of Kona: A History Of Land Use In Kona, HawaiʻI, William E. H. Tagupa

Pacific Studies

No abstract provided.

Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan

West Virginia Law Review

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Indiana Law Journal

No abstract provided.

The Petition Process For Designating Lands Unsuitable For Surface Coal Mining Operations: Extreme Solution Or Unnecessary Exercise?, Gregory R. Gorrell, Mark C. Russell

Kentucky Law Journal

No abstract provided.

Book Review, Howard C. Klemme

Publications

No abstract provided.

Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott

American Indian Law Review

No abstract provided.

Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain

Faculty Articles and Other Publications

The traditional dichotomy between governmental regulation and takings law no longer represents a viable means of accomplishing present day societal or individual goals with respect to land use. This author believes that a system can be created that considers both the interests of the government and the individual, attempting to reach an equitable and practical result with respect to each. This article explores the potential use of an alternative compensation system relating to governmental activity in the field of land use-a system based not upon the highest and best use principle, but rather upon the use of compensable regulations. The …

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.

Book Review. Land Development In Crowded Places: Lessons From Abroad By George Lefcoe, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley

West Virginia Law Review

No abstract provided.

Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain

Faculty Articles and Other Publications

Traditional land use law categorizes governmental activities that affect the value of private property as exercises of either the state's police power or eminent domain power. This dichotomy has created what Professor John J. Costonis describes as the "disparity issue": if in a legitimate exercise of its police power a state reduces the value of land, no compensation is required; if the governmental action devalues land too much, however, it is deemed a taking within the eminent domain power and full compensation according to the land's "highest and best use" is required. Often, this compensation exceeds the land's present value. …

Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams

Journal Publications

This volume presents a series of papers delivered in 1975 at a conference entitled "The Taking Issue: An Economic Analysis." It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as "Planning Without Prices." Several distinguished commentators, both legal and economic, comment on Johnson's position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis.

Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter

Dalhousie Law Journal

The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the …

Some Aspects Of Title By Registration In The Maritime Provinces Of Canada, Robert Stein

Dalhousie Law Journal

The Maritime Provinces of Canada are engaged in a complete restructuring of the present conveyancing system by the implementation of a comprehensive land management system with centralized availability of information on titles and land use. It is the hope of the proponents of the program' that it will result in a uniform and simple system to replace the present antiquated land registration procedure which, apart from the "conveyancing" problems caused by its lack of certainty, is seen by the proponents as a major barrier to effective management and control of land use.