Land Use Law Commons^™

Slides: White Mountain Apache, Paul Declay, Jr.

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul DeClay, Jr., Tribal Forest Manager, White Mountain Apache, AZ

34 slides

Slides: Community Outreach, Tom Tuchmann

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Tom Tuchmann, US Forest Capital, Portland, OR

10 slides

Slides: Public Funding Sources In Mt: State Funding Sources, 3 Partnerships Examples, Alan Wood

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Alan Wood, MT Department of Fish, Wildlife and Parks, Helena, MT

12 slides

Slides: The Trust For Public Land: Conserving Land For People, Ernest Cook

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Ernest Cook, Senior Vice President, Conservation Finance Program, The Trust for Public Land, Boston, MA

19 slides

Slides: Randolph Community Forest Partnerships, Ben Eisenberg

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Ben Eisenberg, Randolph Community Forest, NH

24 slides

Slides: Trends For Large Forest Landowners, Michael Goergen

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Michael Goergen, Executive Vice President and CEO, Society of American Foresters, DC

21 slides

Slides: Ecotrust Forests, Bettina Von Hagen

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Bettina Von Hagen, Ecotrust Forests, OR

25 slides

Slides: Community-Owned Forests: Funding For Acquisition, Missoula, Mt, Tom Cassidy

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Thomas Cassidy, The Nature Conservancy, VA

21 slides

Slides: Palmetto-Peartree Preserve: Community Forestry In Eastern North Carolina, Mikki Sager

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Mikki Sager, Palmetto-Peartree Preserve, NC

17 slides

Slides: Harrop-Procter Community Forest, Ramona Faust

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Ramona Faust, General Manager, Harrop-Procter Community Forest, Canada

41 slides

Slides: Changes In Timberland Ownership, Peter R. Stein

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Peter R. Stein, General Partner, The Lyme Timber Company, Hanover, NH

14 slides

Slides: Overview Of Funding Sources: Land And Water Conservation Fund Act (Lwcf) 1965 (Includes Forest Legacy And Other Cooperative Conservation Programs) And Federal Land Transaction Facilitation Act Of 2000 (Fltfa Aka The "Baca" Act), Dick Todd

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dick Todd, Bureau of Land Management, OR

11 slides

Slides: Wisconsin County Forests, Neil Paulson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Neil Paulson, Bayfield County Forest, WI

25 slides

Slides: Tug Hill Commission, Ny, Linda Gibbs

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Linda Gibbs, Natural Resources Specialist, Tug Hill Commission, NY

26 slides

Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Greg Neudecker, U.S. Fish and Wildlife Service, Great Falls, MT

48 slides

Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Steve Keith, Farm Cove Community Forest, Downeast, ME

62 slides

Slides: Changes In Timberland Ownership: The New Hampshire Experience, Paul Doscher

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul Doscher, Society for the Protection of New Hampshire Forests, Concord, NH

20 slides

Slides: Coolbough Natural Areas: Community Forest, Brooks Township, Michigan, Dale Block

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dale Block, Brooks Township Forest, MI

35 slides

Slides: Community Ownership And Management Of Productive Forestland: Building Natural And Social Capital, Keith Bisson, Rodger Krussman

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenters: Keith Bisson, Quebec-Labrador Foundation, and Rodger Krussman, The Trust for Public Land

20 slides

Agenda: Community-Owned Forests: Possibilities, Experiences, And Lessons Learned, Communities Committee, University Of Montana. School Of Forestry. Bolle Center For People And Forests, Wilderness Society (U.S.), Nature Conservancy Of Montana, Swan Ecosystem Center, Northwest Connections, Blackfoot Challenge, Flathead Economic Policy Center, Pinchot Institute For Conservation, American Forests, University Of Colorado Boulder. Natural Resources Law Center

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Community-owned forests may be the answer for some U.S. communities now confronting unanticipated and unwanted large scale land use changes – changes that could irrevocably change their local landscapes and quality of life. Across the country, millions of acres of private forest lands are being put up for sale as the forest products companies who own them find other, cheaper sources of supply. If, as is likely, purchasers divide and convert the forests to residential or other development uses, nearby communities face losing the critical economic, environmental, recreational, social, cultural, and aesthetic values and benefits those forests have traditionally provided. …

'Takings' Clarified: U.S. Supreme Court Provides Clear Direction, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court holding in Lingle v. Chevron U.S.A., Inc. clarified years of takings jurisprudence and overturned a controversial decision in the case of Agins v. City of Tiburon. This article discusses how the Lingle court denounced the “substantially advances” test created in Agins, as a due process inquiry rather than a proper takings test. The Lingle court instead opted to create a clear four-category paradigm for takings cases, which focuses on the burden the government places on private property rights in order to distinguish takings categories.

Cityland – Vol. 2, No. 5, Center For New York City Law

CityLand - 2005

The June 2005 issue of CityLand reports on significant land use and zoning actions across New York City. Highlights include the City Council’s approval of the Kissena Park downzoning, marking the fourth Queens neighborhood rezoned in 2005, and the final approval of the Greenpoint-Williamsburg rezoning. The issue also covers the approval of two new high schools in Brooklyn and Staten Island, modifications to the Millennium Hotel plaza, and the addition of two public parking garages in Lower Manhattan. HPD advanced seven affordable housing projects totaling 668 units. Landmark actions include the designation of the Summit Hotel and Ralph Bunche House, …

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael E. Lewyn

ExpressO

Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as “sprawl”) that dominates metropolitan America is at least partially caused by government regulation of land use. But at first glance, the fate of Houston, Texas may seem to rebut that theory. Houston is America’s only large city without a formal zoning code. Yet Houston is as automobile-dependent and sprawling as many cities with zoning. It could therefore be argued that automobile-dependent sprawl is the inevitable result of the free market.

The purpose of my article is to rebut that theory, by showing that land use is …

No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller

Michigan Law Review

This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

ExpressO

No abstract provided.

Cityland – Vol. 2, No. 4, Center For New York City Law

CityLand - 2005

The May 2005 issue of CityLand highlights major land use decisions and controversies across New York City. Key developments include the City Council’s approval of Project Greenhope’s transitional housing facility in East Harlem, and the modification of the Greenpoint-Williamsburg rezoning plan to increase affordable housing incentives and create an Industrial Business Zone. The issue also covers the downzoning of Springfield Gardens and Kissena Park in Queens, and the approval of new firehouse consolidations in Brooklyn. Landmark actions include the designation of the James L. Bedell House in Staten Island, hearings on the Crawford Clothes Building and the Robert Dickey House, …

Zoning Exemptions: Granting Immunity To Private Wireless Providers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Contrary to the Telecommunications Act of 1996, the New York Court of Appeals in the Matter of Crown Communication New York, Inc. v. Department of Transportation of the State of New York, City of New Rochelle et al., held that, both private companies who contract with local governments to build towers on public land, and the private companies who build attached antennae to these towers, are immune from local zoning regulations. The court’s decision is due to the public nature and importance of the mass communication these structures will provide. Of particular importance, was public good to be served by …

Cityland – Vol. 2, No. 3, Center For New York City Law

CityLand - 2005

The April 2005 issue of CityLand highlights major zoning and land use developments across New York City. Key coverage includes the City Council’s approval of a 249-block downzoning in Bay Ridge to curb overdevelopment, and the Planning Commission’s approval of the Greenpoint-Williamsburg rezoning with incentives for affordable housing. The issue also reports on the creation of a new R2A zoning district to combat “McMansion” development in Bayside, Queens. Landmark actions include hearings on Morris Lapidus-designed buildings, designation of the Germania Bank Building, and controversy surrounding the proposed designation of the James L. Bedell House in Staten Island. Legal updates feature …

Out Of Bounds: San Francisco's Homeless Policies, Alexandra Flynn

ExpressO

Homelessness, both a legal and public policy issue, has dominated the City of San Francisco government agenda for over fifteen years. Despite the front-and-center nature of homelessness, the policies enacted have done little to reduce the count. This paper, first, presents San Francisco’s new approach to the issue; namely, the creation of a new and far more limited class of “chronically homeless” persons. This first section includes an examination of the causes of homelessness, the physical alienation of homeless persons through “quality of life” laws, and recent policy initiatives used to social exclude the bulk of homeless persons by limiting …

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

Faculty Works

This article examines the challenge of enforcing promises made to benefit the public, using environmental commitments such as wetland restoration as a central example. It argues that while contractual promises between private parties are routinely enforced, similar promises made to the public often fail due to lack of effective enforcement mechanisms. Drawing on Garrett Hardin’s “Tragedy of the Commons,” the paper explores how individual incentives discourage both performance and enforcement of such promises. The analysis highlights the limitations of agency resources, barriers to citizen enforcement, and the inadequacy of existing legal frameworks to ensure accountability for public benefit commitments. It …