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Articles 3181 - 3210 of 5266

Full-Text Articles in Land Use Law

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst May 2009

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst

Publications

No abstract provided.

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Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon Apr 2009

Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon

Elisabeth Haub School of Law Faculty Publications

Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.

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Cityland – Vol. 6, No. 3, Center For New York City Law Apr 2009

Cityland – Vol. 6, No. 3, Center For New York City Law

CityLand - 2009

The April 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Battery Maritime Building redevelopment, including a boutique hotel addition, and the rezoning of North Corona and Forest Hills to curb out-of-character development. The Council also approved Toll Brothers’ Gowanus Canal waterfront project despite concerns over affordable housing guarantees. The City Planning Commission modified parking requirements for a Clinton development and approved a text amendment for Hudson Yards to facilitate residential construction. Landmark actions include approval of St. Vincent’s revised hospital design …

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Survey Of Local Government Green Building Incentive Programs For Private Development, Anne Marie Pippin Apr 2009

Survey Of Local Government Green Building Incentive Programs For Private Development, Anne Marie Pippin

Land Use Clinic

This paper focuses on private development incentives, and surveys the policies and ordinances that local governments around the country have utilized to provide incentives for private developers to build green, sustainable buildings. Georgia’s existing green building programs are then briefly discussed, and, in conclusion, suggestions are made for local programs moving forward.

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Tdr Citizens Guidebook, Meghan Ryan, Wes Rochester, Laura Ingram Apr 2009

Tdr Citizens Guidebook, Meghan Ryan, Wes Rochester, Laura Ingram

Land Use Clinic

The purpose of this guidebook is to provide information about transferable development rights (TDR) for communities considering adoption of a TDR program. This book defines the basic elements of TDR and explains how these programs can be used to balance the competing goals of land preservation and development. It is designed to prepare communities to get involved with their local planning process and shape TDR programs to best fit their needs.

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Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary Apr 2009

Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary

Law Faculty Articles and Essays

Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is …

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Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson Apr 2009

Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson

Vanderbilt Law Review

"Sprawl is America's most lethal disease." Although such a statement appears exaggerated upon first consideration, both the scope of urban sprawl and its attendant consequences support the suggestion that sprawl threatens the vitality of the United States. For example, in California, sprawl has reached such a dangerous level that one of the nation's largest banks publicly warned of the potential devastation: "Sprawl has created enormous costs that California can no longer afford. Ironically, unchecked sprawl has shifted from an engine of California's growth to a force that now threatens to inhibit growth and degrade the quality of our life." The …

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Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher Apr 2009

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Pace Law Review

No abstract provided.

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Cityland – Vol. 6, No. 2, Center For New York City Law Mar 2009

Cityland – Vol. 6, No. 2, Center For New York City Law

CityLand - 2009

The March 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Gateway Shopping Center in East New York and the Phipps Houses affordable housing project in Kips Bay. The issue also reports on the establishment of the Bed-Stuy Gateway BID and the modification of the North Corona rezoning to support local businesses. The City Planning Commission reviewed Two Trees’ Clinton Park development and proposed bicycle parking regulations. Landmark actions include the designation of Chase Manhattan Plaza and the Alice and Agate Courts …

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Cityland – Vol. 6, No. 1, Center For New York City Law Feb 2009

Cityland – Vol. 6, No. 1, Center For New York City Law

CityLand - 2009

The February 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Via Verde housing project in Melrose, Bronx, and a special permit for hotel and retail use at the Crosby Street Hotel in SoHo. The City Planning Commission reviewed Toll Brothers’ proposed development along the Gowanus Canal and approved amendments to the Clinton Theater Bonus zoning text. The Department of City Planning held a scoping hearing for Vornado’s 15 Penn Plaza redevelopment. BSA decisions addressed vested rights in Homecrest and upheld a …

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Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley Jan 2009

Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley

Buffalo Environmental Law Journal

No abstract provided.

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Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher Jan 2009

Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.

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Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin Jan 2009

Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin

Seattle University Law Review

This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …

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Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, Patricia E. Salkin, Amy Lavine Jan 2009

Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, Patricia E. Salkin, Amy Lavine

Scholarly Works

Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes …

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Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin Jan 2009

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

Scholarly Works

Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …

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The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble Jan 2009

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble

Natural Resources Journal

No abstract provided.

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A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock Jan 2009

A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock

University of Colorado Law Review

Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …

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God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine Jan 2009

God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine

Scholarly Works

This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …

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Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin Jan 2009

Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin

Scholarly Works

Sustainable development is an international challenge that demands attention at all levels of government. The calls to action to achieve sustainability have varied over the last few decades. For example, in the 1970s and 1980s attention was focused on the need for environmental review and growth management strategies. In the 1990s the rhetoric shifted to smart growth and livable communities, and today, the issue has been reframed as advocates view sustainability through the lens of global warming and climate change. Regardless of the nomenclature, however, the end game is the same. While the United States as a whole speaks through …

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A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin Jan 2009

A Quiet Crisis In America: Meeting The Affordable Housing Needs Of The Invisible Low-Income Healthy Seniors, Patricia E. Salkin

Scholarly Works

Part I of this article discusses population statistics in greater detail, exploring available financial demographics of seniors and showing that many seniors are likely to be in need of affordable housing today, and that many more will likely join this group in the future. Part II discusses the role of the federal and state governments in providing affordable senior housing and concludes that these programs have typically failed to yield effective results on a wide enough basis. Part III focuses on the impact that local governments can have immediately in helping to address the affordable senior housing crisis through the …

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Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher Jan 2009

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Scholarly Works

There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many …

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New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin Jan 2009

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

Scholarly Works

New York ranks eight out of the 50 states in terms of carbon emissions. While the State government is just beginning to enact meaningful programs and incentives to encourage municipal policies and actions that will reduce the impact of local decisions on our carbon footprint, a number of local governments across the State have already been at work developing and adopting "greening" strategies, policies and regulations. While the New York State Bar Association has released for comment a report of its Task Force on Global Warming which documents an impressive two-dozen current state-level laws and programs on climate change, the …

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Solar Rights, Sara Bronin Jan 2009

Solar Rights, Sara Bronin

Faculty Articles and Papers

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …

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The Stubborn Incoherence Of Regulatory Takings, Mark Fenster Jan 2009

The Stubborn Incoherence Of Regulatory Takings, Mark Fenster

UF Law Faculty Publications

The Supreme Court's unanimous decision in Lingle v. Chevron U.S.A., Inc. was met with restrained but largely appreciative notice by commentators. Lingle declared that the Takings Clause affirmatively protects property owners by awarding them compensation for regulations that impose the functional equivalent of a condemnation of their property. The regulatory takings doctrine thus differs from the substantive due process doctrine, which instead reviews the validity of a regulation and offers as its remedy the invalidation of an offending government action. Clearing the underbrush that had grown in nearly a century of Supreme Court precedent, the Court appeared to have made …

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Public Utilities, Eminent Domain, And Local Land Use Regulations: Has Texas Found The Proper Balance?, Michael B. Kent Jr. Jan 2009

Public Utilities, Eminent Domain, And Local Land Use Regulations: Has Texas Found The Proper Balance?, Michael B. Kent Jr.

Scholarly Works

No abstract provided.

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Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow Jan 2009

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

Scholarly Works

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …

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2009 Ethical Considerations In Land Use, Patricia E. Salkin Jan 2009

2009 Ethical Considerations In Land Use, Patricia E. Salkin

Scholarly Works

This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation, A number of themes emerged from the round of litigation in the last year. The most surprising discovery was for a second year in a row, the number of reported cases involving allegations of unethical conduct on the part of land use attorneys. This article reviews these cases, as well as cases involving conflicts based on community involvement, familial relationships, employment and financial interests; and cases involving allegations of bias and prejudgment.

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Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin Jan 2009

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

Scholarly Works

Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.

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Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison Jan 2009

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.

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Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly Jr. Jan 2009

Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly Jr.

Journal Articles

Covenants and ground leases have been, and continue to be, used to create shared spaces that are fundamentally, and often invidiously, exclusive. Famously made a dead letter in the case of Shelley v. Kraemer, covenants banning resale to nonwhite households put the force of law behind the segregated birth of America’s suburbs. Today, gated residential communities and shopping malls assure a degree of class exclusivity through covenants and commercial ground leases, respectively. These same legal mechanisms, however, are now deployed to assure long-term inclusion as well.
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/="/">Developers of affordable housing are creating homes that are not only beneficial …

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