Land Use Law Commons^™

Ecosystem Co-Management Agreements: A Study Of Nation Building Or A Lesson On Erosion Of Tribal Sovereignty?, Marren Sanders

Buffalo Environmental Law Journal

No abstract provided.

Meas With Trade Measures And The Wto: Aiming Toward Sustainable Development?, Miguel A. Elizalde Carranza

Buffalo Environmental Law Journal

No abstract provided.

Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison

Water Matters!

State Senator Carlos Cisneros links New Mexico’s past, present and future.

Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin

Scholarly Works

Conflicts of interest, bias, and appearance of impropriety continue to plague players in the land use game whose conduct, as public sector officials, must be beyond reproach. This article provides an annual review of reported cases and opinions involving allegations of unethical conduct in land use decision making. Conflicts of interest cases focus on attorneys, and address issues including of counsel relationships, disqualification and fees. Conflicts based upon financial interests for board members are explored, as well as unique relationships that may arise when colleges and universities seek approvals. Criminal aspects of decision maker conduct are also reported. Appearance of …

An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco

UIC Law Review

No abstract provided.

Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa

Cleveland State Law Review

The dangers posed by abandoned and vacant properties present a matter of primary concern for municipalities, especially in older, industrial cities. Addressing these issues requires innovative methods and long-term planning. This Note examines the methods of attacking abandonment. Part II, describes the problems presented by abandoned and vacant housing. Part III examines the effectiveness of code enforcement and traditional tax foreclosure. Part IV analyzes privatized nuisance abatement suits and receiverships. Part V discusses land banks. Part VI argues that using broadly empowered privatized nuisance abatement suits for individual parcels and land banks for mass acquisitions is the most effective means …

The Future Of Our Land: Presidential Leadership, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Open letter to the President.

Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

How the land is developed to accommodate the next 100 million people in the U.S. is of critical importance. Future land use patterns and human settlements will determine how cost effective, equitable, and environmentally friendly the country will be in the twenty-first century. The big picture here focuses on metropolitan area settlement patterns. How do cities become more livable, attract back the affluent households they have lost, and develop the tax base they need to support their diverse populations and the cultural, civic, educational, and governmental services they provide their regions? How do older suburbs protect and enhance their aging …

Sepas, Climate Change, And Corporate Responsibility: The Contribution Of Local Government, Catherine J. Lacroix

Faculty Publications

Municipalities in the United States are increasingly active in the effort to reduce greenhouse gas emissions. Data suggest that the physical layout of communities and the buildings they contain make significant contributions to greenhouse gas emissions and thus to climate change. One useful tool for municipalities could be the Environmental Impact Statement (EIS), pioneered in the National Environmental Policy Act (NEPA) at the federal level and subsequently adopted as a policymaking guide in the State Environmental Policy Acts (SEPAs) of many states. A SEPA requires state governments - and, in six states, local governments as well - to consider the …

How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …

The Frontier Of Eminent Domain, Alexandra B. Klass

University of Colorado Law Review

The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government- initiated "economic development takings" led to eminent domain reform legislation in over forty states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state statutes to take private property to develop coal, oil, …

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine

Scholarly Works

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …

Understanding Community Benefits Agreements: Equitable Development, Social Justice And Other Considerations For Developers, Municipalities And Community Organizations, Patricia E. Salkin, Amy Lavine

Scholarly Works

The opportunity to develop a Community Benefits Agreement (CBA) typically arises when a developer announces plans to construct a major project, such as a stadium or a theater complex. Local residents and business owners may often welcome these projects, but they may also have legitimate fears, such as: Will the project displace local residents and local businesses, either physically or through gentrification? Will it cause traffic problems and generate noise, pollution, or other nuisances? Will the economic development benefits espoused by the developer actually create jobs that pay a living wage and offer decent benefits for residents in the neighborhood …

Negotiating For Social Justice And The Promise Of Community Benefits Agreements: Case Studies Of Current And Developing Agreements, Patricia E. Salkin, Amy Lavine

Scholarly Works

A community benefits agreement (CBA) is a private contract negotiated between a prospective developer and community representatives. In essence, the CBA specifies the benefits that the developer will provide to the community in exchange for the community's support, or quiet acquiescence, of its proposed development. The promise of community support may be especially useful to a developer seeking government subsidies or timely project approvals. The CBA is a relative newcomer to the toolbox of strategies that communities may utilize to ensure that development occurs consistent with the sometimes more narrow goals and desires of neighborhood residents, as opposed to the …

Law Of The Land – Year In Review, Patricia E. Salkin

Scholarly Works

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin

Faculty Articles and Papers

No abstract provided.

Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo

Cleveland State Law Review

Reviewing After the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina edited by David Dante Troutt. New York: New Press. 2006. Editor David Troutt has assembled a fascinating and wide-ranging collection of essays on the Katrina disaster. The contributing authors, primarily (though not exclusively) law professors, put the disaster into a larger context of American law and politics. While the authors' concerns and opinions are diverse, the interaction between human choice and the "natural" is a consistent theme running through the background of the book.

Was The Big Sky Really Falling? Examining Montana's Response To Kelo V. City Of New London, Michelle Bryan Mudd

Montana Law Review

Montana's Response to Kelo

Warming Up To Water Markets, Jonathan H. Adler

Faculty Publications

Water policy experts contend that the United States is heading toward a water scarcity crisis in the coming years. Global climate change is likely to make water scarcity much worse in the long run. This article argues that demands of current and projected water management challenges can best be met through a greater reliance on water markets. To facilitate this, water management must shift toward recognition of transferable rights in water that facilitate voluntary exchanges and the market pricing of water resources.

Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin

Scholarly Works

People have been trying to exclude chain stores from their communities for decades. This includes "big-box" chains - the behemoth retailers that prefer an architecture of rectangular, single-story unadorned structures reaching 200,000 square feet or more - as well as national and international businesses including well-recognized fast food restaurants, drug stores and clothing retailers. The reasons for restricting these large corporate businesses include concerns over community character and aesthetics, local economics and self-reliance, and corporate ideologies. Over time, many municipalities have been forced to accept that "formula retail" and "franchise architecture" are simply part of the American economy. In many …

Land Use Law And Active Living: Opportunities For States To Assume A Leadership Role In Promoting And Incentivizing Local Options, Patricia E. Salkin, Amy Lavine

Scholarly Works

Obesity, asthma and nutrition are just three public health challenges facing children and adults that can be addressed through land use planning and zoning. States must take a leadership role in providing statutory authority and guidance for local governments to enact and implement laws and ordinances designed to promote active living. Land use policies, transportation policies, redevelopment policies and open space and recreation policies are key areas where reform is needed. This paper highlights existing examples from various states and offers lawmakers, policymakers and advocates options for reforming state laws to incentivize and influence local actions.

First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti

NYLS Law Review

No abstract provided.

Breaking Ground: Planning And Building In Priority Growth Districts, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

It is now understood that compact, mixed use development prevents the ill effects of sprawl and can mitigate climate change significantly. There is an innovative land use technique that can be used by communities to manage and define future growth in a way that provides for such developments and creates more livable places, places that are environmentally, socially, and fiscally sound. Specifically, a community may create Priority Growth Districts, or PGDs, and thereby direct development to selected locations and also specify design standards that meet the needs of the community's current and future residents.

Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman

Journal Articles

Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …

North 93 Neighbors, Inc. V. Board Of County Commissioners Flathead County: A Shock To Land Use Planning And Public Comment In Montana, Ryan Weldon

Montana Law Review

Land Use Planning

The National Environmental Policy Act In The Urban Environment: Oxymoron Or A Useful Tool To Combat The Destruction Of Neighborhoods And Urban Sprawl?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

To some, applying the National Environmental Policy Act (NEPA) to decisions affecting land use in an urban or built environment is an oxymoron. Cities have historically not been seen “as natural entities but as foreign impositions upon the native landscape,” places where the physical environment is already largely destroyed or reduced to insignificant remnants. Moreover, detecting the required federal presence to trigger NEPA may initially seem difficult when decisions affecting urban resources appear to be principally made by local or state agencies.

At the Institute for Public Representation (IPR) at the Georgetown University Law Center, the author has learned that …

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen

Brigham Young University International Law & Management Review

No abstract provided.

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).

Cityland – Vol. 4, No. 11, Center For New York City Law

CityLand - 2007

The December 2007 issue of CityLand covers major land use and development initiatives across New York City. It features contentious hearings on the redevelopment of Willets Point, the approval of a 63-story tower at 50 West Street using Battery Tunnel air rights, and the Planning Commission’s modifications to Columbia University’s Manhattanville expansion and Community Board 9’s 197-a plan. The issue also highlights new zoning standards for parking lots, a proposed crackdown on illegal hotel conversions, and a green roof tax incentive resolution. Landmark actions include the designation of the 19th-century P.S. 90 school in Brooklyn and the removal of the …