Land Use Law Commons^™

Perspectives - Cannon Design’S Open Hand Studio, James Hagy, Sahar Nikanjam

Rooftops Project

Not only can architects create great space, they can also inspire better connections between the built environment and the social sector. John Syvertsen, Chris Lambert, and Ashley Marsh talk with Sahar Nikanjam and Professor James Hagy of The Rooftops Project about their work with not-for-profit organizations through architectural firm Cannon Design’s Open Hand Studio initiative.

Professor Gerald Korngold On Conservation Easements, James Hagy, Katherine Disalvo, Naveed Fazal

Rooftops Project

The Rooftops Project’s Katherine DiSalvo and Naveed Fazal talk with New York Law School Professor and conservation easement scholar, Gerald Korngold.

Profiles - The Rubin Museum Of Art, James Hagy, Payal Thakkar

Rooftops Project

For over two centuries, New York City’s arts and culture have been enhanced by visionary founders of museums designed to house collections the founders themselves treasured. That tradition continues with the installation of a remarkable collection in the equally remarkable transformation of a former clothing store. The Rooftops Project’s Payal Thakkar and Professor James Hagy visit with Patrick Sears, Executive Director of The Rubin Museum of Art in New York City.

Profile - Human Rights Watch, James Hagy, Mehgan Gallagher

Rooftops Project

Rooftops Project Profile - Human Rights Watch - Every day, not-for-profit organizations face “stay or move” choices when they approach the end of their leases. Making predictions about space, and making space work, can be challenging. How did one such organization assess its choices as a tenant in one of the most iconic buildings in Manhattan? The Rooftops Project’s Mehgan Gallagher speaks with David Bragg at Human Rights Watch.

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

Faculty Publications By Year

This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Faculty Publications By Year

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

Cause For Rebellion? Examining How Federal Land Management Agencies & Local Governments Collaborate On Land Use Planning, Michelle Bryan

Faculty Law Review Articles

This Article examines how well federal agencies and local governments are collaborating in land use planning, with a particular focus on the West.26 Part I provides a brief overview of local government planning as well as the overarching National Environmental Policy Act (“NEPA”)27 requirements that apply to federal planning. Part II offers a comparative summary of the varied planning approaches across federal agencies, with a particular focus on the role that local governments can play in agency planning.28 Based on case studies and interviews with federal and local officials, Part III then recommends how to improve federal-local planning efforts so …

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

“Seguimos Siendo Indígenas” Una Investigación Sobre El Discurso De Los Derechos Y Necesidades De La Comunidad Shipiba De Cantagallo Como Pueblo Indígena En El Contexto Urbano De Lima., Janet Sanchez

Independent Study Project (ISP) Collection

A través de un método etnográfico basado en entrevistas formales e informales y observaciones tomados durante dos semanas en la Comunidad ShipiboKonibo de Cantagallo, este informe examina cómo esta comunidad expresa sus derechos y necesidades como pueblo indígena en el contexto urbano de Lima. Este estudio fue ejecutado durante un tiempo de conflicto entre la comunidad y la Municipalidad de Lima, que bajo el cargo de Luis Castañeda, canceló la reubicación de la Comunidad ShipoKonibo que está siendo desplazado por la construcción del Vía Parque Rímac. Los resultados demuestran que los Shipibos de Cantagallo luchan por ser tratados como iguales …

Rural Land Rights And Security In Cultivated Highland Ethiopia: Incremental Reform But Persistent Uncertainty, Tesfaye Teklu

International Journal of African Development

There are important improvements in tenure stability and security of land rights over the years in administratively allocated land. These gains are due to the private efforts of individual landholders, and incremental policy and legal measures. However, there are still unmet demands for certainty in land rights because of inherent instability in tenure associated with rising excess demand pressure for land, temporal decay in value of use rights certificate, deficiency in design and practice of land expropriation and compensation laws, and weakness in land governance and rural of law.

Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods

Elisabeth Haub School of Law Student Publications

This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning …

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the memory …

Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants, And The Role Of Law, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Instagram pictures of elegantly plated dinners, long farm-style tables, and well-to-do people laughing in what looks like a loft apartment are followed by commenters asking, “Where is this?” This is the world of underground dining. Aspiring and established chefs invite strangers into their homes (or their friends’ stores after hours, or the empty warehouse at the edge of town, or the nearest farm) for a night of food and revelry in exchange for cash. Although decidedly anti-establishment, these secret suppers and pop-up restaurants are popular — there are websites to help people locate them, and many respected publications have penned …

An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond

Notre Dame Law Review Reflection

The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.

At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access through …

Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet The Call For Federal Lands Transfers, Michelle Bryan

Montana Law Review

No abstract provided.

Zoning For Solar Energy: Resource Guide, Jessica A. Bacher, John R. Nolon

Environmental Law Program Publications @ Haub Law

This document is designed to help New York State localities amend zoning and other land use regulations to permit the development of solar energy systems in their jurisdictions. While it applies to many types of solar energy systems, this resource guide focuses primarily on solar electric or photovoltaic (PV) systems. It begins by describing the local government’s role in land use planning and regulation. It then discusses the importance of defining all solar energy systems that a community wants to allow in existing zoning districts and shows how to incorporate those definitions in the zoning ordinance. Next, the guide explains …

Land-Value Taxation As A Method Of Encouraging Growth In Baltimore, Michael Safko

University of Baltimore Journal of Land and Development

The events that occurred last May have left many residents of Baltimore wondering what can be done to rebuild their city better than it was before.1 One particular suggestion is the elimination of all current property taxes along with the implementation of a land-value tax (LVT).2 An LVT would tax property owners based on the unimproved land they own, rather than on the improvements and structures that have been built on the land.3 The argument follows that this method of taxation would incentivize property owners to develop their land, rather than leave it undeveloped so they can pay less in …

University Of Baltimore Journal Of Land And Development Volume 4 Number 2 (Spring 2015) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 5 Number 1 (Fall 2015) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

Comments: Private Investment: Trojan-Horse Or Shining Knight For America's Public Housing Stock, Andrew Balashov

University of Baltimore Journal of Land and Development

The numbers are staggering. The nation's largest public housing authorities ("HA's") are in a state of crisis as a result of massive budget shortfalls. The Department of Housing and Urban Development (HUD) estimates it would take roughly $26 billion to remedy the problem. To put this in perspective, in 2014 the New York City Public Housing Authority had a $77 million deficit and $18 billion worth of "unfunded capital improvements," - a euphemism for basic upgrades to building systems such as water, heat, air conditioning, and elevators. At present, many of these systems are woefully below acceptable livability standards. This …

Edited Transcript Of Symposium On Public-Private Partnerships, "Public-Private Partnerships: A Vehicle For Economic Development And Promotion Of The Rule Of Law"

University of Baltimore Journal of Land and Development

Speakers:

Scott Walchak
Preston Bryant
Martin Jacobson
Shyamala Shukla
Patrick Decorla-Souza
Jodie Misiak
John Smolen

The University of Baltimore Journal of Land and Development hosted a symposium on Public-Private Partnerships (P3s) and their impact on economic development and the rule of law. The main topics of the symposium were what is a P3, the key elements of P3 legislation both internationally and nationally, the historical development of P3s, and with the foregoing in mind what is the role for attorneys during the lifecycle of any P3? The following is an edited transcript of symposium and the discussion that followed.

Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara

University of Baltimore Journal of Land and Development

The demand for nonrenewable energy resources has increased in nations around the world despite the reality that these remaining resources are both scarce, and increasingly difficult to acquire. In 2010 Earth's reserves held the equivalent of approximately 406 billion tons of natural gas and oi1. However, at yearly consumption rates, this amount would only serve the planet's energy needs for about fifty years. The rapid elimination of conventional sources for oil and gas has led to the utilization of alternative methods to access sources that were previously not worth drilling. In the United States, for example, there are several types …

Community Development Vs. Economic Development: Residential Segregation, Tax Credits, And The Lack Of Economic Development In Baltimore's Black Neighborhoods, Jennifer Nwachukwu

University of Baltimore Journal of Land and Development

In 1967, the National Advisory Commission on Civil Disorders penned one of the most famous statements about race in America: “Our nation is moving toward two societies, one black, one white— separate and unequal.”2 For the city of Baltimore, MD, that statement rings true even in 2013. Outsiders think of Baltimore through the lens of HBO’s The Wire. Those who are from Baltimore or live in the city likely would say that driving through Baltimore is like driving through two different cities—nice areas with shops, restaurants, and beautiful architecture; and “not so nice” areas with blocks of dilapidated buildings and …

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

Overcoming Land Use Localism: How Hud's New Fair Housing Regulation Can Push States To Eradicate Exclusionary Zoning, Thomas Silverstein

University of Baltimore Journal of Land and Development

Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD’s publication of a final AFFH rule on July 16, 2015 was the culmination of that process, 2 but the rule did not resolve all outstanding questions. In particular, the one point that has been reiterated by a range of groups with often competing interests is that no one is entirely clear how the framework that HUD has developed will work for states.3 To …

A Controversy Fueled By Methyl Tertiary Butyl Ether (Mtbe), Anthony Cognetti

University of Baltimore Journal of Land and Development

Over the past few decades, Maryland has been faced with a controversial issue pertaining to methyl tertiary butyl ether (MTBE) groundwater contamination.1 In 1979, MTBE was added to gasoline in an attempt to reduce smog-producing air pollutants.2 While its chemical properties have been scientifically proven to reduce air pollutants, this “environmentally friendly” chemical eventually became a topic of great debate as MTBE was leaking through underground storage tanks and contaminating groundwater sources.3 Many states thereafter filed lawsuits against gasoline refining companies for their role in adding MTBE, and most of them have received remarkably high settlements in return.4 The State …

Here To Stay Or A Flash In The Pan? How Zoning And Property Laws May Affect Airbnb In Baltimore And The Nation, Michael Schultes

University of Baltimore Journal of Land and Development

The advent of the Internet, smartphones, and social media has shrunk the world to the point where a person in Baltimore can connect with someone in Botswana with only the click of a finger. Whether it be a social media post or business e-mail, eight thousand miles can feel more like eight feet with how quickly we can connect and converse with people around the globe. The use of these information technology tools and inventions to store, retrieve, transmit, and manipulate data has transformed the way we learn, the way we communicate, and the way we do business. This newfound …