Land Use Law Commons^™

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 - 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, …

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 …

Exclusionary Eminent Domain, David A. Dana

Faculty Working Papers

This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …

Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin

Scholarly Works

Conflicts of interest, bias, and appearance of impropriety continue to plague players in the land use game whose conduct, as public sector officials, must be beyond reproach. This article provides an annual review of reported cases and opinions involving allegations of unethical conduct in land use decision making. Conflicts of interest cases focus on attorneys, and address issues including of counsel relationships, disqualification and fees. Conflicts based upon financial interests for board members are explored, as well as unique relationships that may arise when colleges and universities seek approvals. Criminal aspects of decision maker conduct are also reported. Appearance of …

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine

Scholarly Works

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …

Law Of The Land – Year In Review, Patricia E. Salkin

Scholarly Works

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin

Scholarly Works

People have been trying to exclude chain stores from their communities for decades. This includes "big-box" chains - the behemoth retailers that prefer an architecture of rectangular, single-story unadorned structures reaching 200,000 square feet or more - as well as national and international businesses including well-recognized fast food restaurants, drug stores and clothing retailers. The reasons for restricting these large corporate businesses include concerns over community character and aesthetics, local economics and self-reliance, and corporate ideologies. Over time, many municipalities have been forced to accept that "formula retail" and "franchise architecture" are simply part of the American economy. In many …

Land Use Law And Active Living: Opportunities For States To Assume A Leadership Role In Promoting And Incentivizing Local Options, Patricia E. Salkin, Amy Lavine

Scholarly Works

Obesity, asthma and nutrition are just three public health challenges facing children and adults that can be addressed through land use planning and zoning. States must take a leadership role in providing statutory authority and guidance for local governments to enact and implement laws and ordinances designed to promote active living. Land use policies, transportation policies, redevelopment policies and open space and recreation policies are key areas where reform is needed. This paper highlights existing examples from various states and offers lawmakers, policymakers and advocates options for reforming state laws to incentivize and influence local actions.

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 - 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 …

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 - 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 …

Zoning, Transportation, And Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …

Clustered Zoning Approaches Reduce Congestion, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The effect of local zoning on our lives usually goes unnoticed despite its profound influence on human behavior. Zoning controls where we live and work, how we get from point A to point B, and what sort of homes we live in. This article provides examples of successful transit-oriented development projects at the local level as well as how state and federal government can contribute to the clustering effort via financing and research programs as well as providing appropriate infrastructure.

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 - 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 - 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 …

Slides: Forests And Grasslands, Federico Cheever

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

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

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

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 …

Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …

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 …

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 - 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 …

Climate Change, Zoning And Transportation Planning: Urbanization As A Response To Carbon Loading, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article explores the relationship among zoning, transportation planning, and climate change. It discusses the relationship between land use densities and transportation choices, reviews the trend toward transit oriented development in higher density communities and transportation efficient development in lower density areas, presents several case studies where land use and transportation planning are beginning to intersect, and ends with a strategic approach for communities to consider.

Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin

Scholarly Works

With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Scholarly Works

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.

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 - 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 …