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Articles 2821 - 2850 of 5265

Full-Text Articles in Land Use Law

Cityland – Vol. 9, No. 2, Center For New York City Law Mar 2012

Cityland – Vol. 9, No. 2, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and zoning developments in New York City as of March 15, 2012. The City Council approved the creation of the Westchester Square BID in the Bronx after resolving procedural notice issues. The City Planning Commission held a hearing on the “Zone Green” zoning text amendment to promote energy-efficient retrofits and green building design. A residential development was authorized in a manufacturing district in Ridgewood, Queens. BSA approved reduced parking requirements for a medical facility in Brooklyn despite community opposition. Landmark approvals included the Metropolitan Museum of Art’s plaza renovation and the restoration …


The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner Mar 2012

The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner

Pepperdine Law Review

No abstract provided.


The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle Mar 2012

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle

Pepperdine Law Review

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …


Why Land Tenure Reform Is The Key To Political Stability In Tonga, Kersti Harter Kennedy Mar 2012

Why Land Tenure Reform Is The Key To Political Stability In Tonga, Kersti Harter Kennedy

Washington International Law Journal

The Kingdom of Tonga, a South Pacific country, erupted in violent pro-democracy riots in late 2006 after decades of political unease. Tonga’s people are divided into two main classes: the nobles and the commoners. These two classes have long differed in political and land rights in a hierarchy that is typical of chiefdoms such as Tonga. Tonga’s government has attempted to deal with the sometimes violent, commoner-led pro-democracy movement by amending its Constitution to allow commoners to vote for more of the members of the Legislative Assembly. The resulting government and the noblemen have not, however, shown a commitment to …


Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens Mar 2012

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.


The Public Nature Of Indian Reservation Roads, M. Brent Leonard Mar 2012

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.


Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith Mar 2012

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.


Gas Tax Agreements In Indian Country, Jonathan White Mar 2012

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.


Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott Mar 2012

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.


Exactions For The Future, Timothy M. Mulvaney Mar 2012

Exactions For The Future, Timothy M. Mulvaney

Faculty Scholarship

New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …


Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster Feb 2012

Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster

Pepperdine Dispute Resolution Law Journal

This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the …


Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway Feb 2012

Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway

Pepperdine Dispute Resolution Law Journal

Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …


South Pasadena: A Dialogue On Dialogue, Steve Zikman Feb 2012

South Pasadena: A Dialogue On Dialogue, Steve Zikman

Pepperdine Dispute Resolution Law Journal

In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …


Foreword , Steve Zikman Feb 2012

Foreword , Steve Zikman

Pepperdine Dispute Resolution Law Journal

Taking It Upstream: Collaboration, Consensus Building & Sustainable Development-A Green Leadership (Un)conference was held at Pepperdine University's Graziadio Conference Center on September 25, 2009. In the spirit of collaboration, the symposium marked the first event jointly sponsored by the Straus Institute for Dispute Resolution and the Geoffrey H. Palmer Center for Entrepreneurship & the Law. The two journals have created special symposium editions comprised of papers authored by a number of the panelists, reflecting important trends in the evolution of conflict management and dispute resolution in the areas of multi-party environmental, land use, and public policy matters.


Cityland – Vol. 9, No. 1, Center For New York City Law Feb 2012

Cityland – Vol. 9, No. 1, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …


Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman Feb 2012

Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.


Failed Exactions, Mark Fenster Jan 2012

Failed Exactions, Mark Fenster

UF Law Faculty Publications

This symposium essay considers the doctrinal quandary created by 'failed exactions' - regulatory conditions on property development that government agencies contemplate but that are never finalized or enforced, usually because the property owner rejects them. A narrow but conceptually challenging issue to the relationship between the unconstitutional conditions doctrine and regulatory takings law, failed exactions could prove profoundly unsettling to current land use practices. A decade ago, the issue of whether failed exactions deserve heightened scrutiny prompted Justice Scalia to issue a dissent from a denial of petition for certiorari in which he stated, somewhat tentatively, that an extortionate demand …


University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter Jan 2012

University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.


University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter Jan 2012

University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.


Land Use Regulation: It Just Gets Worse, Michael Lewyn Jan 2012

Land Use Regulation: It Just Gets Worse, Michael Lewyn

University of Baltimore Journal of Land and Development

No abstract provided.


Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner Jan 2012

Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner

University of Baltimore Journal of Land and Development

No abstract provided.


Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan Jan 2012

Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan

University of Baltimore Journal of Land and Development

No abstract provided.


The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems, Colin W. Maguire Jan 2012

The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems, Colin W. Maguire

University of Baltimore Journal of Land and Development

No abstract provided.


Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl Jan 2012

Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl

University of Baltimore Journal of Land and Development

No abstract provided.


The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire Jan 2012

The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire

University of Baltimore Journal of Land and Development

No abstract provided.


Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr Jan 2012

Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr

University of Baltimore Journal of Land and Development

No abstract provided.


Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe Jan 2012

Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe

University of Baltimore Journal of Land and Development

No abstract provided.


The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar Jan 2012

The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar

University of Baltimore Journal of Land and Development

No abstract provided.


Strictly Liable Landlords Could Mean The Pound For Pit Bulls, Caitlin Biggins Jan 2012

Strictly Liable Landlords Could Mean The Pound For Pit Bulls, Caitlin Biggins

University of Baltimore Journal of Land and Development

No abstract provided.


The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta Jan 2012

The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta

UIC Law Review

No abstract provided.