Land Use Law Commons^™

Exclusionary Zoning - An Unfair Target, Werner Z. Hirsch

Pepperdine Law Review

No abstract provided.

Land Management, U.S. Bureau Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.

Army Corps Of Engineers, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.

Aridity, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how aridity in the American West has influenced that region's economic, environmental, and political development and U.S. Government policies in this region.

Hydroelectric Power, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Cityland – Vol. 10, No. 3, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of April 2013. The City Council approved Trinity Church’s Special Hudson Square District rezoning with modifications to encourage affordable housing and open space, including landmarking efforts for the South Village. The Landmarks Preservation Commission approved a revised nine-story building at 325 West Broadway and rejected a proposed building adjacent to the Merchant’s House Museum due to design and preservation concerns. Alloy Development’s townhouse project at 55 Pearl Street in DUMBO received approval after design refinements. A new building at 74 Grand Street will incorporate …

Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie C. Boyd

Faculty Publications

This article seeks to contribute to the legal and policy debates over zoning by providing a more detailed examination of the impact of apartments on both pre-zoning land use patterns and the zoning process during the formative initial stages of zoning in the United States than has been provided in the literature to date. Specifically, this Article analyzes the impact of apartments on both pre-zoning land use patterns and the zoning process in New Haven, Connecticut. It focuses on the period beginning with the selection of New Haven’s first Zoning Commission in 1922, and concluding with the passage of New …

Panorama - Jefferson Mok, James Hagy, Arthy Bakthavasalam

Rooftops Project

What is your real estate strategy when you are the first on-the-ground representative of a social service not-for-profit entering a remote market abroad with a new program? Jefferson Mok reflects on four years in Burundi in a conversation with The Rooftops Project’s Arthy Bakthavasalam and Professor James Hagy.

Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile

Rooftops Project

Michael Carlton talks with The Rooftops Project’s Emily Barile and Professor James Hagy about the intersections among architecture, interior design, real estate, and not-for-profit strategic planning.

Panorama - Caring For The Palace Museum, Bejing, China, James Hagy, Cai Bowen

Rooftops Project

Shi Zhimin discusses his work as Director of the Ancient Building Management Office of The Palace Museum in Beijing, still also recognized by many visitors as the former Chinese imperial palace known as The Forbidden City, with Cai Bowen and Professor James Hagy, Director of The Rooftops Project.

Perspectives - Richard Cohn, Motion Picture Gaffer, Magician, Musician, James Hagy, Kristen Porro

Rooftops Project

The Rooftops Project’s Kristen Porro talks with Richard Cohn, Gaffer (Chief Electrician) to the television and movie industry on location in New York City, and performing magician, who shares tricks of his two trades that not-for-profits can use to make the most of often imperfect performance spaces.

Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi

Rooftops Project

The Rooftops Project’s Shaan Lodi talks with Turkish relief organization Kimse Yok Mu about its approach to the real estate needed to support disaster response and other work in often challenging settings in 96 countries.

Rethinking Sustainability To Meet The Climate Change Challenge, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, Alexandra R. Harrington, David M. Driesen, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jona M. Roesler

Journal Articles

This article presents a preliminary effort to capture the dialogue at the Environmental Law Collaborative’s inaugural Workshop. Attendees engaged in the re-conceptualization of sustainability in the age of climate change, premised on evidence that climate change is forcing changes in the norms of political, social, economic, and technological standards. As climate change continues to dominate many fields of research, sustainability is at a critical moment that challenges its conceptual coherence. Sustainability has never been free from disputes over its meaning and has long struggled with the difficulties of simultaneously implementing the “triple-bottom line” components of environmental, economic, and social well-being. …

The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders

Virginia Coastal Policy Center

No abstract provided.

Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet

Virginia Coastal Policy Center

No abstract provided.

The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill

Virginia Coastal Policy Center

No abstract provided.

Review Of Proposed Zoning Bylaw Amendments & Concept Plan For 129 Parker Street, Maynard, Ma, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Edward J. Collins, Jr. Center for Public Management was hired by the Town of Maynard to analyze the proposed amendment to the Neighborhood Business Overlay District (NBOD) of the Maynard Zoning Bylaw and associated concept plan for the property located at 129 Parker Street in Maynard. The bylaw amendment and concept plan have been proposed by Capital Group Properties, LLC, the developer of the site. Specifically, the Center was tasked with preparing the following materials:

• Task 1 – Economic Development and Impact Study;
• Task 2 – Traffic Peer Review and Analysis; and,
• Task 3 – Recommendations on proposed bylaw …

Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener

Pace Law Review

This paper describes an unusual public-private partnership for real property development not involving typical infrastructure like bridges and roads. It addresses how communities like Mesa manage their way (adopting policies implicating land use and environmental sustainability principles via repurposing of buildings and sharing of additional community assets and “campus” leasing actions) to attract private sector higher education providers to establish a downtown as a node of intellectual stimulation, including cultural diversions. Etching the ivory tower environment into community centers sustains the quality of place. This quality attracts the “creative class,” which forms the core of leadership and entrepreneurship in America’s …

The Visual And The Law Of Cities, Stephen R. Miller

Pace Law Review

This article will attempt to explore, through four separate “tableaux,” or brief sketches, four ways in which the visual interplays with the law of cities, and how a deeper understanding of this intersection can assist in the development of these laws and their underlying policies. This discussion will by no means be definitive. However, by presenting these four approaches in which the visual complicates and assists the law of cities, and sometimes even acts as the law of cities, it is hoped the article will spur a dialogue on the law’s relationship to the visual.

Cityland – Vol. 10, No. 2, Center For New York City Law

CityLand - 2013

This issue of CityLand covers key land use and preservation developments in New York City as of March 2013. Highlights include City Council Speaker Christine Quinn’s State of the City Address, which focused on affordable housing and middle-class support. The Council held hearings on the Special Hudson Square District rezoning, with concerns raised about open space and landmarking the adjacent South Village. The Council also approved the rezoning of the Maple Lanes Bowling Alley site in Brooklyn for a 112-unit residential development and a synagogue. The City Planning Commission approved the Hudson Square rezoning with modifications, including height adjustments and …

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …

Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean

William & Mary Environmental Law and Policy Review

This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …

Cityland – Vol. 10, No. 1, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of February 2013. It opens with a retrospective of the top ten stories of 2012, including NYU’s campus expansion, the landmarking of Brinckerhoff Cemetery, and the Chelsea Market expansion. The City Council approved the East Village/Lower East Side Historic District, while the City Planning Commission celebrated its 75th anniversary and advanced the Durst West 57th Street development. A proposed rezoning in Flushing faced opposition from Community Board 7. Landmark Preservation Commission approved the renovation of the Rainbow Room and denied legalization of unauthorized alterations …

Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain

Pepperdine Law Review

This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.

A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung

Pepperdine Law Review

Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.

Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney

Pepperdine Law Review

No abstract provided.

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.

Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear

Pepperdine Law Review

No abstract provided.