Land Use Law Commons^™

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …

Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani

Elisabeth Haub School of Law Faculty Publications

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …

Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

A Community Development Agreement or CDA can be a vital mechanism for ensuring that local communities benefit from large-scale investment projects, such as mines or forestry concessions. In formalizing agreements between an investor and a project-affected community, CDAs set out how the benefits of an investment project will be shared with local communities. In some countries CDAs are required by domestic legislation; in others, they are entered into voluntarily. The most effective CDAs are also adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which …

Trends In Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes And Allowable Private Land Uses, Jessica Owley, Adena R. Rissman

Journal Articles

The terrain of private-land conservation dealmaking is shifting. As the number of acres of private land protected for conservation increases, our understanding of what it means for a property to be "conserved" is shifting. We examined 269 conservation easements and conducted 73 interviews with land conservation organizations to investigate changes in private-land conservation in the United States. We hypothesized that since 2000, conservation easements have become more complex but less restrictive. Our analysis reveals shifts in what it means for private land to be "conserved." We found that conservation easements have indeed become more complex, with more purposes and terms …

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.

Second Chances For The Second City's Vacant Properties: An Analysis Of Chicago's Policy Approaches To Vacancy, Abandonment, & Blight, Elizabeth Butler

Chicago-Kent Law Review

Addressing the externalities of vacancy and blight is a major challenge for the Chicago metropolitan area. While neighborhoods on the South and West sides of Chicago struggle with blight, neglect, and abandonment, downtown Chicago and the northern neighborhoods and suburbs experience stronger market conditions. This crisis has amplified entrenched socioeconomic divisions and ultimately burdens the entire region by perpetuating a cycle of poverty, violence, and physical and social disorder that tarnish Chicago’s image.

This Note outlines Chicago’s vacant property challenge by discussing the history of urban decline in Chicago. It examines factors that led to a high level of vacant …

Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Land Development & Commercial Real Estate Problems (Volume Ii): 2015-16, Morton G. Gross

Osgoode Course Casebooks

Course Number 5160

The Standing Rock Sioux Indians: An Inconvenience For Black Gold, Alina Yohannan

University of Baltimore Journal of Land and Development

The issue of the Native American (“Indian”) tribes’ rights to their lands started with the application of the European doctrine of discovery, continued with series of wars and population decimations, and finished with broken treaties and territorial occupations. After centuries of struggle for land and sovereignty, Indians still fight for their rights to the North American territories.

The lawsuit brought by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers (“the Corps”) is the latest and most publicized in recent years. The Tribe’s main concerns are the passing of a major crude-oil pipeline (Dakota Access Pipeline, or …

Exciting Changes In Central Baltimore: Examining The Homewood Community Partners Initiative, Gillian Rathbone-Webber

University of Baltimore Journal of Land and Development

The Homewood Community Partners Initiative (HCPI) is one of the newest waves of development based in Baltimore.1 HCPI has a different approach to development than other economic development plans in Baltimore and, in comparison to some failed attempts in other areas of the City, it seems to be working. Baltimore has long suffered from blight, high rates of vacant buildings, and high crime. There have been many previous attempts to address and repair those issues with only some success. HCPI is attempting to mitigate all those issues by way of a community development agenda and a five-part plan.2 While the …

Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron

University of Baltimore Journal of Land and Development

As of May 2016, the Consumer Financial Protection Bureau (CFPB) has announced an investigation into the practice of land contracts and compliance with federal truth and lending laws. The CFPB’s investigation is in response to the increasing number of reports from organizations, such as the National Consumer Law Center (NCLC), condemning land contracts for their predatory nature and disparate impact on low-income buyers, specifically those of color. Furthermore, land contracts have been labeled as “Wall Street’s Toxic Transactions” because of large wall street investment groups utilizing them for their own capital gain. Land contracts have been vilified for luring unsuspecting …

Maryland's Medical Marijuana Law: Transactional And Ethical Perspectives For Real Estate Practitioners, Nicole M. Lacoste Folks, Lawrence F. Haislip, Matthew L. Kimball

University of Baltimore Journal of Land and Development

The congruence between Federal and state laws relating to marijuana, 2 which has existed for generations, is unraveling. In recent years a number of states have reduced or eliminated criminal penalties for the possession or use of small amounts of marijuana;3 twentythree states have established a state law exception for medical marijuana; 4 and Colorado, Washington, Alaska and Oregon now authorize the retail and personal growth, sale and possession of marijuana as a matter of state law.5 Maryland has lately joined the list of states purporting to create exceptions or safe harbors for those wishing to engage in the manufacture, …

University Of Baltimore Journal Of Land And Development Volume 6 Number 1

University of Baltimore Journal of Land and Development

No abstract provided.

Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman

University of Baltimore Journal of Land and Development

Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3

The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …

University Of Baltimore Journal Of Land And Development Volume 5 Number 2 (Spring 2016) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

"Zoning" In On Maryland's Nascent Marijuana Industry, Matthew Mccomas

University of Baltimore Journal of Land and Development

Is green the new gold?1 Last year, the marijuana industry pulled in a whopping $2.4 billion.2 To put it in perspective that’s about 74% more than it did the year before.3 As of today, four states (Alaska, Colorado, Oregon, and Washington) and the District of Columbia have legalized recreational marijuana.4 But, more so, 23 states have decriminalized medical marijuana, including the State of Maryland in 2013.5

One of the most frequent legal issues in states with medical or recreational marijuana industries concerns where to locate marijuana distribution and production facilities.6 In Maryland, new law states that local municipalities shall determine …

Recent Developments: The Constitutionality Of Regulations And Bans On The Second Amendment, Trevor Shaw

University of Baltimore Journal of Land and Development

The 9th Circuit decided to overturn a local California county zoning ordinance that was infringing upon a citizen’s Second Amendment right to own and operate a gun store. The ordinance stated that any store that sold firearms or operated as a firing range needed to be 500 feet away from the front door of the shop to the front door of school zones, government buildings, residential areas, and other stores that sell firearms. The owners of Valley Guns & Ammo found a place located in Alameda County, just outside the radius and began working on acquiring the property and renovating …

Community Benefits Agreements: To The Extent Possible, Charlotte Clarke

University of Baltimore Journal of Land and Development

The focus of this paper pertains to a relatively new concept known as a Community Benefits Agreement (hereinafter “CBA”). Although this concept was born in the nineties, for the purpose of addressing the impacts of development projects on communities, CBAs recently gained momentum as a result of cities and municipalities becoming increasingly popular for large scale developments such as sports arenas and high rise apartment buildings. At their inception CBAs allowed communities to negotiate directly with developers, and gave communities the opportunity to address problems associated with a development project. CBAs are defined differently depending on whom one asks, however, …

The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger

University of Baltimore Journal of Land and Development

Law promises much but does not always deliver. It promises due process, equal protection, equity, and personal autonomy—but many individuals leave litigation uncured. The trend in recent years has been increasing privatization of law coupled with diminution of private right. This paper explores ways to secure private rights despite privatization of law by enhancing the rigor of judicial review of state action. Law is one of several social systems operating in an environment of limited resources. Access to oil and gas is, today, more controversial, difficult, and expensive than ever before because of increased environmental regulations created under the Obama …

Shreve V. Baltimore: A Municipal Misstep Leads To A City Forever Beautiful, Laura Tallerico

Legal History Publications

This paper explores municipal decision making in condemnation proceedings and whether or not the public use requirement protects individual property owners from poor municipal decision-making. When condemners are allowed to take in fee simple absolute, their decisions have lasting effects on property. The decisions of the Baltimore City government in its creation of a water system illustrate why some may be queasy about this. However, this may actually be desirable because it allows for municipalities, in particular, to both achieve the public purpose necessary at the time of condemnation and to improve in the future rather than go through the …

Recent Development: Assategue Coastal Trust, Inc. V. Schwalbach: An Applicant Must Satisfy The "Unwarranted Hardship" Standard To Be Granted A Variance; The Variance Must Have No Adverse Impact On The Environment And Conform To The Purpose Of The Critical Area Program, Michael Louis Brown

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the Worchester County Board properly applied the “unwarranted hardship” standard and correctly granted a variance under local critical area law. Assateague Coastal Trust, Inc. v. Schwalbach, 448 Md. 112, 140, 136 A.3d 866, 882 (2016). The court held that the variance would not have an adverse impact on the environment and the development was in conformity with the Critical Area Program’s purpose and intent. Schwalbach, 448 Md. at 143-44, 136 A.3d at 883.

Phoenix Within A Phoenix: Google Campus Warsaw And The Fascinating, Intentional Rebirth Of Warsaw’S Praga District, Leila Lawlor

Scholarly Articles

The Praga district of Warsaw has been experiencing a rebirth. This phoenix district, lying within the eastern central part of Warsaw, is experiencing a period of rapid growth and revitalization. Five years ago Praga was thought of as crime-ridden and impoverished, but the area’s low rents and large, historic spaces have started attracting creative types – web designers, artists, musicians and others. In June 2014, Praga landed a windfall when internet giant Google announced plans to build a center for technology startup companies in the district. The location of Google Campus Warsaw will undoubtedly have beneficial effects on employment and …

Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber

Touro Law Review

No abstract provided.

Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca

Fordham Urban Law Journal

No abstract provided.

You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal

Fordham Urban Law Journal

No abstract provided.

Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela

Fordham Urban Law Journal

No abstract provided.

Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The State of New Jersey, the Borough of Harvey Cedars, and the United States Army Corps of Engineers were all preparing for an event like Hurricane Sandy years before the 2012 super-storm made landfall along the Mid-Atlantic coast. The governments began, for instance, a major dune restoration project in 2005 in order to protect the New Jersey coast from massive storm surges that could destroy homes and businesses. To carry out the effort, the local governments sought to purchase the right to build along the seaward portion of property owners' land, and would then construct roughly twenty-foot-high, thirty-foot-wide dunes. If …

Enhancing The Urban Environment Through Green Infrastructure, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article is adapted from Chapter Seven of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published by ELI Press. The book describes how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article follows the steady advance in the use of green infrastructure in recent years, and details its value as a strategy for adapting to climate change, bettering air quality, lowering heat stress, creating greater biodiversity, conserving energy, providing ecological services, sequestering carbon, preserving and expanding habitats, enhancing aesthetics, increasing …

Zoning Neighborhoods For Resilience: Drivers, Tools And Impacts, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

A new urban design is needed, one that if not climate-determinist, is climate-cognizant. The built environment should be structured and the natural environment must be managed and protected in a way that regards climate forces that if left unchecked will sap the energy, the very existence of the city.7 A new urban design must begin with a statement of clear ends to be achieved, be based upon authoritative scientific, legal and social principles and must be implemented with an understanding of the costs--monetary and socio-political, that are demonstrably justified in the light of the alternatives. The extravagant and pretentious historical …

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Faculty Publications

No abstract provided.