Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (2392)
- Natural Resources Law (1910)
- Water Law (1522)
- Property Law and Real Estate (1368)
- Energy and Utilities Law (1303)
-
- Oil, Gas, and Mineral Law (1230)
- Administrative Law (1162)
- State and Local Government Law (1073)
- Constitutional Law (904)
- Agriculture Law (857)
- Social and Behavioral Sciences (824)
- Indigenous, Indian, and Aboriginal Law (814)
- Contracts (730)
- Law and Society (704)
- Commercial Law (700)
- Legal Profession (662)
- Public Affairs, Public Policy and Public Administration (652)
- International Law (648)
- Physical Sciences and Mathematics (613)
- Environmental Sciences (608)
- Litigation (608)
- Animal Law (593)
- Natural Law (550)
- Human Rights Law (543)
- Legislation (542)
- Natural Resources Management and Policy (535)
- Science and Technology Law (500)
- Food and Drug Law (494)
- Institution
-
- University of Colorado Law School (531)
- Universitas Indonesia (483)
- University of New Mexico (435)
- Seattle University School of Law (352)
- University of Montana (241)
-
- American University Washington College of Law (214)
- Touro University Jacob D. Fuchsberg Law Center (199)
- University of Michigan Law School (180)
- Pace University (178)
- New York Law School (157)
- Georgia State University College of Law (118)
- University at Buffalo School of Law (106)
- Columbia Law School (98)
- University of Baltimore Law (90)
- William & Mary Law School (87)
- Yeshiva University, Cardozo School of Law (82)
- Fordham Law School (71)
- University of Maine School of Law (69)
- Maurer School of Law: Indiana University (67)
- University of Kentucky (63)
- Cleveland State University (62)
- Vanderbilt University Law School (58)
- Barry University School of Law (51)
- University of Georgia School of Law (50)
- University of Washington School of Law (50)
- West Virginia University (48)
- Pepperdine University (46)
- UIC School of Law (45)
- Notre Dame Law School (42)
- BLR (40)
- Keyword
-
- Zoning (475)
- Land use (407)
- Land Use (217)
- Climate change (151)
- United States (134)
-
- Colorado (132)
- Public lands (120)
- Law (115)
- Eminent domain (107)
- Environmental law (107)
- Land Use Planning (104)
- Property (100)
- California (98)
- Municipal Law (97)
- Landmarks Preservation (96)
- Real Estate Law (96)
- ULURP (95)
- City Planning Commission (93)
- Environment (88)
- West (84)
- BLM (83)
- Land (82)
- Takings (74)
- Endangered Species Act (72)
- Housing (72)
- NYLJ (72)
- Affordable Housing (70)
- Conservation (70)
- Development (70)
- NEPA (70)
- Publication Year
- Publication
-
- Indonesian Notary (465)
- Natural Resources Journal (320)
- Seattle University Law Review (231)
- Public Land & Resources Law Review (221)
- Sustainable Development Law & Policy (191)
-
- Scholarly Works (162)
- Elisabeth Haub School of Law Faculty Publications (149)
- Michigan Law Review (142)
- Journal of Comparative Urban Law and Policy (106)
- Faculty Scholarship (97)
- Publications (96)
- University of Baltimore Journal of Land and Development (80)
- Columbia Center on Sustainable Investment Staff Publications (69)
- Journal Articles (67)
- Articles (64)
- American Indian Law Journal (56)
- Maine Law Review (56)
- Environmental and Earth Law Journal (EELJ) (44)
- Touro Law Review (43)
- Rooftops Project (42)
- UIC Law Review (41)
- Faculty Publications (39)
- West Virginia Law Review (39)
- ExpressO (38)
- Indiana Law Journal (38)
- Pepperdine Law Review (37)
- William & Mary Environmental Law and Policy Review (34)
- Law Faculty Articles and Essays (33)
- Buffalo Law Review (32)
- Water Matters! (32)
- Publication Type
- File Type
Articles 3211 - 3240 of 5266
Full-Text Articles in Land Use Law
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Michigan Journal of Race and Law
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
Faculty Publications
The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society’s climate change mitigation efforts. Five of Socolow’s strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power. Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide (CO2) reduction can be achieved. After making some background points, this article describes …
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
American Indian Law Review
No abstract provided.
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
American Indian Law Review
This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
American Indian Law Review
No abstract provided.
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Other Publications
Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.
Land Trusts That Conserve Communities, James J. Kelly Jr.
Land Trusts That Conserve Communities, James J. Kelly Jr.
Journal Articles
Much has been written about land trusts that conserve wilderness, agriculture or other environmentally beneficial uses that would be threatened by unfettered development. In the context of inner-cities, Community Land Trusts (CLTs) conserve neighborhoods. Like their environmental and agricultural counterparts, CLTs employ use restrictions to prioritize communally beneficial development. Conserving communities, however, requires other legal tools as well. CLTs create and sustain permanently affordable homes to break the market’s bias toward socioeconomic homogeneity. CLTs also make room, literally, for green space, sites of shared culture and other productive activities that the market tends to commercialize or marginalize. By sustaining a …
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly
Akron Law Faculty Publications
From the perspective of both religious entities and local governments, religious land use requests are best resolved quickly, locally and cooperatively. The traditional framework for addressing religious land use disputes, which the Religious Land Use and Institutionalized Persons Act (RLUIPA)1 adopted, is ill-suited to those goals. Legally, disputes have long been framed as denials of the free exercise of religion – the broadest of all claims and the one requiring the most intrusive and subjective determinations about a particular religious group and its proposed use (what religion is, what a particular sect requires and how religion qua religion is affected …
Town Of Telluride V. San Miguel Valley Corp.: Extraterritoriality And Local Autonomy, Richard Briffault
Town Of Telluride V. San Miguel Valley Corp.: Extraterritoriality And Local Autonomy, Richard Briffault
Faculty Scholarship
At first blush, the decision of the Colorado Supreme Court in Town of Telluride v. San Miguel Valley Corp. seems like an extraordinary endorsement of home rule and a significant milestone in the evolution of local power. The Colorado Supreme Court adopted a very broad construction of the power of a home rule municipality under the state constitution and invalidated a state statute that expressly sought to limit that power. The power in question – extraterritorial eminent domain – seems to go well beyond even the most generous assumptions about local government authority. As the uproar following the United …
The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton
The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton
Articles
No abstract provided.
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.
Cityland – Vol. 5, No. 11, Center For New York City Law
Cityland – Vol. 5, No. 11, Center For New York City Law
CityLand - 2008
The December 2008 issue of CityLand covers significant land use and legal developments in New York City. Highlights include the City Council’s approval of the East Village/Lower East Side rezoning and the controversial Willets Point Redevelopment Plan, both with concessions on affordable housing and community engagement. The issue also reports on the approval of the Hunter’s Point South waterfront development and the Via Verde affordable housing project in Melrose, Bronx. Landmark coverage includes the designation of NYU’s Silver Towers and the Prospect Heights Historic District, as well as criticism of the South Street Seaport redevelopment proposal. Legal decisions include the …
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker
Mercer Law Review
This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law that were handed down by Georgia appellate courts between June 1, 2007 and May 31, 2008. The cases surveyed fall primarily within five categories: (1) zoning, (2) condemnation, (3) nuisance and trespass, (4) easements and restrictive covenants, and (5) miscellaneous.
Cityland – Vol. 5, No. 10, Center For New York City Law
Cityland – Vol. 5, No. 10, Center For New York City Law
CityLand - 2008
The November 2008 issue of CityLand reports on major land use and preservation developments in New York City. The City Council modified the Dutch Kills rezoning to increase FAR and address hotel development concerns, approved the creation of the Special St. George District in Staten Island, and passed legislation requiring waterfront planning updates every ten years. The Council also approved the Hospital for Special Surgery’s expansion over the FDR Drive and extended the West Chelsea Historic District. The City Planning Commission approved modified plans for Willets Point and Hunter’s Point South, and reduced building heights and densities in the 125th …
The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey
The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey
Land Use Clinic
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
BYU Law Review
No abstract provided.
The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin
The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin
Cornell Law Faculty Publications
Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities' long-held power over land use regulation. In the authors' view, this quiet revolution would occur when policymakers and the public recognized that certain problems - like environmental destruction - were too big for localities to handle on their own. Although the quiet revolution has not yet occurred, this Article suggests that it will, and should, occur alongside the ever-growing green building movement. This movement presents practical and ideological challenges to our current system of regulating land use. This Article …
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …
Cityland – Vol. 5, No. 9, Center For New York City Law
Cityland – Vol. 5, No. 9, Center For New York City Law
CityLand - 2008
The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …
Land & Water Planning In The Middle Valley, Sandy Fish
Land & Water Planning In The Middle Valley, Sandy Fish
Publications
No abstract provided.
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Publications
No abstract provided.
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Publications
No abstract provided.
Are We Making The Land/Water Connection?, Lora A. Lucero
Are We Making The Land/Water Connection?, Lora A. Lucero
Publications
No abstract provided.
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Natural Resources Journal
No abstract provided.
The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller
The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller
Natural Resources Journal
No abstract provided.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Publications
No abstract provided.
Regulating Land Use - Protecting The Water, Joseph Quintana
Regulating Land Use - Protecting The Water, Joseph Quintana
Publications
No abstract provided.
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
Research Collection School of Social Sciences
No abstract provided.
Cityland – Vol. 5, No. 8, Center For New York City Law
Cityland – Vol. 5, No. 8, Center For New York City Law
CityLand - 2008
The September 2008 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Rockaway rezoning plan and the NoHo Historic District extension, including the controversial Whitehouse Hotel. Amendments to the Hudson Yards zoning text were adopted, and the Council passed new site safety laws for construction workers. The City Planning Commission heard testimony on the East Village/Lower East Side rezoning, the Hunter’s Point South redevelopment, and approved plans for the Whitney Museum’s downtown expansion and the Hospital for Special Surgery’s River Building over the FDR Drive. Staten Island’s new courthouse …