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Articles 2941 - 2970 of 5265
Full-Text Articles in Land Use Law
University Of Baltimore Journal Of Land And Development Volume 1 Number 1 (Fall 2011) Front Matter
University Of Baltimore Journal Of Land And Development Volume 1 Number 1 (Fall 2011) Front Matter
University of Baltimore Journal of Land and Development
No abstract provided.
In A 2002 Supreme Court Decision, Which Shifted Landowner And Government Expectations Regarding Temporary Regulatory Takings, The Court Held That Temporary Construction Moratoria During The Preparation Of A Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun
University of Baltimore Journal of Land and Development
No abstract provided.
"Robo-Signing": A Symptom Of The Shortcomings In Maryland's Policy Of Expediting Foreclosure Proceedings, Jacob L. White
"Robo-Signing": A Symptom Of The Shortcomings In Maryland's Policy Of Expediting Foreclosure Proceedings, Jacob L. White
University of Baltimore Journal of Land and Development
No abstract provided.
Jane Jacobs Revisited: Do Social Service Organizations Have A Place In Redeveloping Communities?, Ian Hitchcock
Jane Jacobs Revisited: Do Social Service Organizations Have A Place In Redeveloping Communities?, Ian Hitchcock
University of Baltimore Journal of Land and Development
No abstract provided.
Does The Compensation Clause Burden The Government Or Benefit The Owner? The Compensation Clause As Process, Joshua Ulan Galperin
Does The Compensation Clause Burden The Government Or Benefit The Owner? The Compensation Clause As Process, Joshua Ulan Galperin
University of Baltimore Journal of Land and Development
No abstract provided.
Why The Crisis Was Unavoidable And Why Tarp Did Not Help, Aditya (Adi) Habbu
Why The Crisis Was Unavoidable And Why Tarp Did Not Help, Aditya (Adi) Habbu
University of Baltimore Journal of Land and Development
No abstract provided.
To Gauge An Understanding Of How Boundaries Are Perceived In Ireland By Landowners, Daragh O'Brien, William Prendergast
To Gauge An Understanding Of How Boundaries Are Perceived In Ireland By Landowners, Daragh O'Brien, William Prendergast
Conference Papers
Recent anecdotal evidence from property professionals indicates that there has been a significant increase in boundary disputes in Ireland since the phased publication of the Land Registry digital map in 2005. There is a need to investigate this development in order to confirm or refute this trend and attempt to identify the issues causing these disputes. There is an absence of detailed information on the causes and types of boundary disputes within the Irish Legal system. This project aims to address this lack of information by collecting comprehensive information on a range of case studies over the past 5 years …
How Suburbia Happened In Toronto, Michael Lewyn
How Suburbia Happened In Toronto, Michael Lewyn
Florida A & M University Law Review
No abstract provided.
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Articles
No abstract provided.
The Promise And Perils Of "New Regionalist" Approaches To Sustainable Communities, Lisa T. Alexander
The Promise And Perils Of "New Regionalist" Approaches To Sustainable Communities, Lisa T. Alexander
Fordham Urban Law Journal
This article examines the Obama Administration's Sustainable Communities Regional Planning Grant Program as an example of new regionalism and new governance. The article outlines new regionalism's response to the failure of local government law, explains the relationship between new regionalism and new governance, and examines the regulatory structure of the Sustainable Communities Regional Planning Grant Program. After considering the strengths and weaknesses of the Grant Program, this article uses the case study of Madison, Wisconsin to analyze the Grant Program's ability to advance distributive justice.
Fostering Regionalism: Comment On "The Promise And Perils Of 'New Regionalist' Approaches To Sustainable Communities", Nestor M. Davidson
Fostering Regionalism: Comment On "The Promise And Perils Of 'New Regionalist' Approaches To Sustainable Communities", Nestor M. Davidson
Fordham Urban Law Journal
This brief comment, written in response to Professor Lisa Alexander's, "The Promise and Perils of 'New Regionalist' Approaches to Sustainable Communities," reviews Professor Alexander's assessment of the US Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant Program. This comment suggests that although the ability to approach regionalism from a national perspective does not ensure that local power dynamics will not be replicated, the distance and independence that the federal perspective provides may in fact be a cause for optimism, particularly for those marginalized at the local level.
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China, Valerie Jaffee Washburn
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China, Valerie Jaffee Washburn
Washington International Law Journal
This article takes as its starting point the recent spate of unrest in rural China over government takings of rural, agricultural land. Though the popular and scholarly press has paid a great deal of attention to this issue, few analyses have explored in depth the institutional and legal framework surrounding it. This piece first attempts such an exploration and concludes that the underlying issues have as much to do with China's national land use regulatory system as they do with the behavior of local governments that seize privately-farmed land for other uses. In fact, it is more productive to see …
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Practicing Before A Board Of Adjustment: Seven Practical Tips, Kathryn L. Moore
Practicing Before A Board Of Adjustment: Seven Practical Tips, Kathryn L. Moore
Law Faculty Popular Media
In this article, Professor Kathryn L. Moore sets forth seven practical tips for presenting a case before the board of adjustment.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Urban Green Uses: The New Renewal, Catherine J. Lacroix
Urban Green Uses: The New Renewal, Catherine J. Lacroix
Faculty Publications
As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …
Airspace In A Green Economy, Troy A. Rule
Airspace In A Green Economy, Troy A. Rule
Faculty Publications
The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon
Cardozo Journal of Conflict Resolution
In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine's important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting "in good faith" or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …
Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine
Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine
Scholarly Works
Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Scholarly Works
This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …
How Suburbia Happened In Toronto, Michael Lewyn
The Legal History Of Federally Granted Railroad Rights-Of-Way And The Myth Of Congress's "1871 Shift", Darwin P. Roberts
The Legal History Of Federally Granted Railroad Rights-Of-Way And The Myth Of Congress's "1871 Shift", Darwin P. Roberts
University of Colorado Law Review
Beginning in the 1830s, the United States government granted railroads thousands of miles of rights-of-way across the public lands. In 1850, Congress began to further subsidize the construction of certain railroads by granting them title to millions of acres of the public lands. By the late 1860s, however, the public came to vehemently oppose giving vast tracts of the public domain away to railroads. As a consequence, in 1871, Congress ceased granting subsidy lands to railroads. Federal grants of railroad rights-of-way, though, continued well into the twentieth century. The Supreme Court has held that the year 1871 marked a transition …
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
University of Colorado Law Review
Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …
Alternative Learning Formats In A Land Use Seminar, Michael Lewyn
Alternative Learning Formats In A Land Use Seminar, Michael Lewyn
Scholarly Works
No abstract provided.
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
Scholarly Works
This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.
Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler
Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler
Scholarly Works
Sixteen states and the District of Columbia currently permit the medical use of marijuana, yet state statutes fail to account for the challenges that confront municipal planners and officials whose agenda includes public health, safety and welfare of residents, including minor children. The intensity of the problem is perhaps most evident in Los Angeles, where there are approximately 800 dispensaries. Varying statutory approaches are provided for individuals to legitimately acquire the drug - they may grow it themselves, they may obtain it from their primary caregiver, or they may obtain it from a licensed dispensary. This raises a number of …
A Yellow Light For “Green Zoning”: Some Words Of Caution About Incorporating Green Building Standards Into Local Land Use Law, Michael Allan Wolf
A Yellow Light For “Green Zoning”: Some Words Of Caution About Incorporating Green Building Standards Into Local Land Use Law, Michael Allan Wolf
UF Law Faculty Publications
The focus of this essay is a growing practice to which we can attach the label “Green Zoning” — the incorporation of LEED and competing privately generated standards into local government law, as part of the existing zoning or land use ordinance, or as a free-standing green building ordinance. After reviewing some of the pertinent literature on this topic, this essay will highlight and provide illustrations of six problems with Green Zoning practices: 1. The Delegation Problem — Can and should local laws be based on a moving target (standards set by private parties that continue to change and evolve)? …
Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley
Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley
Scholarly Articles
Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …
The Role Of The Site Selector, Andrew H. Shapiro
The Role Of The Site Selector, Andrew H. Shapiro
South Carolina Journal of International Law and Business
No abstract provided.