Land Use Law Commons^™

Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree, must be subject …

Property And Environment: Thoughts On An Evolving Relationship, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial, countries with weak or fragmented systems of ownership--or where enforcement of law is tainted by corruption--find it impossible even to begin to preserve resources or prevent pollution. This is especially the case when different individuals make conflicting claims to the same plot of land.

Second, private property owners have the incentive to preserve the capital value of their land. They can reap where they (or …

Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband

Faculty Scholarship

No abstract provided.

Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler

Faculty Publications

Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional notions of property rights are incompatible with the demands of environmental protection. Perceiving an environmental crisis borne from Lockean conceptions of property and capitalism, many environmental thinkers came to view the legal protection of private property as an obstacle to environmental sustainability. As a result, the development of command-and-control regulation in the 1960s and 1970s was influenced by the ecological critique of private property.

In recent years, however, the perception of private property's role in …

Regional Governance Reconsidered, Janice C. Griffith

Suffolk University Law School Faculty Works

The global economy’s regional scale of operation, social equity concerns, and environmental degradation that transcends local governmental boundary lines propel an examination of whether twenty-first century conditions call for the creation of regional governmental structures in the United States. This article argues that the need to spur economic competitiveness and metropolitan-wide planning and growth management will impel the formation of new regional governance structures. Forging stronger connections between central cities and surrounding suburban strongholds, however, will not be easy. The article discusses the many barriers that prevent fragmented local governments from reaping the benefits of regional cooperation, including localism, state …

United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz

Faculty Scholarship

Walker v. United States, 69 Fed. Cl. 222, (Fed. Cl. 2005) (granting motion for reconsideration upon finding that water, access and forage rights were legally distinct from surface estate rights determined in a prior action).

Cityland – Vol. 1, No. 3, Center For New York City Law

CityLand - 2004

The December 2004 issue of CityLand covers major land use developments across New York City, including the approval of the Watchtower complex in DUMBO and the expansive Hudson Yards rezoning and redevelopment plan. It features updates on senior housing in Queens, rezonings in Clinton and Midtown South, and the creation of a new Business Improvement District near Yankee Stadium. Landmark decisions include the approval of a modern residential building in the Flatiron District, a new hotel in Tribeca backed by Robert De Niro, and the redesign of the Brooklyn Public Library plaza. The issue also includes court rulings on community …

Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Weir River Estuary: Land Protection Plan, Chantal Lefebvre, Michelle Portman

Urban Harbors Institute Publications

If economic growth were the only measure of a community’s health and vitality, then the communities of Cohasset, Hingham, and Hull are fairing well. But this economic success is generally accompanied by changes in the physical landscape that can be unsettling for residents, especially when it means more development and expansion at the expense of culturally and socially important open space areas such as parks, woods, and marshes. The rapid pace and fragmented nature of such sprawling development gives communities little opportunity to come to terms with the long-term impacts, which in turn can lead to a sense of powerlessness …

Cityland – Vol. 1, No. 2, Center For New York City Law

CityLand - 2004

The second issue of CityLand continues its coverage of land use, zoning, and development decisions across New York City. It features updates on major projects including the withdrawal of the DUMBO tower proposal, the Harlem Park Hotel height modification, and the approval of the Red Hook Ikea development. The issue also includes decisions on affordable housing initiatives, landmark designations such as the Hamilton-Holly House and Bronx Zoo Lion House, and court rulings on zoning and land use disputes. Charts and summaries of ULURP certifications, BSA applications, and agency actions provide a comprehensive snapshot of citywide planning activity.

Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.

Real Estate And Land Use Law, Brian R. Marron

University of Richmond Law Review

No abstract provided.

The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk

Articles

Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …

Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.

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

CityLand - 2004

The debut issue of CityLand introduces the publication’s mission to report on land use, zoning, and development decisions in New York City. It features coverage of major rezonings in Hudson Yards, Red Hook, and Harlem; landmark designations including Grant’s Tomb Pavilion and the Long Island NY Telephone Co. building; and summaries of public hearings and court decisions. The issue also includes a land use pipeline chart tracking active ULURP applications across the city.

The Uniform Registered State Land And Adverse Possession Reform Act, A Proposal For Reform Of The United States Real Property Law, Todd Barnet

Buffalo Environmental Law Journal

No abstract provided.

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

Improving Links Between Science And Coastal Management: Results Of A Survey To Assess U.S. State Coastal Management Science And Technology Needs, Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund

Urban Harbors Institute Publications

In Winter 2003/2004 the Coastal States Organization (CSO) sponsored a national survey of state coastal resource managers to better understand their science and technology needs. The web-based survey was sponsored by CSO with funding provided by the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET) at the University of New Hampshire. This survey builds upon a previous survey conducted by CSO in 1999. CSO contracted with the Urban Harbors Institute (UHI) at UMass-Boston to prepare the survey questions and final report. The University of New Hampshire Survey Center was contracted to conduct the survey and analyze the results.

Two …

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Scholarly Works

No abstract provided.

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen

ExpressO

This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on …

Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle

ExpressO

This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …

Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall

BYU Law Review

No abstract provided.

Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.

Making Lawyers Compete, Lester Brickman

Articles

The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.

Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.

Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.