Land Use Law Commons^™

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Sign Control On Rural Corridors: Model Provisions And Guidance, University Of Georgia School Of Law Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Help for local governments to regulate billboards on scenic corridors. Funded by the Georgia Department of Community Affairs.

Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This case analysis examines several court decisions, including the results of three New York Court of Appeals cases where litigants challenged the constitutionality of municipal land use decisions. In each case, the court afforded the municipality deference and found that their objectives were rationally related to the decisions, mostly decisions to deny development. However, this presumption of validity given to local legislatures and quasi-judicial agencies presents a problem when land use decisions affect outside municipalities. Thankfully, through the use of training programs, municipalities are learning to work together to resolve intermunicipal land use issues.

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.

Consuming Government, Richard Schragger

Michigan Law Review

In his ambitious new book, William Fischel, a Professor of Economics at Dartmouth College, gives us a new political animal: "The Homevoter." The homevoter is simply a homeowner who votes (p. ix). According to Fischel, she is the key to understanding the political economy of American local government. By implication, she is the key to understanding state and national government as well. Homeowners warrant special attention because "residents who own their own homes have a stake in the outcome of local politics that make them especially attentive to the public policies of local government" (p. ix). That is because local …

Local Land Use: Decision Expands Federal Government's Role, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The United States Environmental Protection Agency (EPA), pursuant to its authority under the Clean Water Act, has promulgated regulations creating the Storm Water Management Program. Contrary to the overall Clean Water Act scheme, which focuses on reducing pollution from point sources, the program has the objective of reducing non-point source water pollution. However, this program is not without controversy as heavy burdens are placed upon local governments, who themselves lack the financial resources, manpower, or technology to implement a complex federal system without federal or state assistance.

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Ninth Circuit's Message To Nevada: You're Not Getting Any Younger, Kevin Beck

Nevada Law Journal

No abstract provided.

Proliferation And Expansion Of America's Airports At The Expense Of Its Treasured Parks And Preserves: Judicial Perversion Of The Term "Use" In Section 4(F) Of The Department Of Transportation Act, Matthew J. Christian

Nevada Law Journal

No abstract provided.

Gulf River Estuary Natural Resources Inventory, Chantal Lefebvre, Dan Hellin, Chris Crawford

Urban Harbors Institute Publications

The purpose of this analysis is to inventory the present assemblage of natural resources in the vicinity of the Gulf River estuary as well as to provide information on land use, recreational use, and pollution threats and concerns. The inventory summarizes existing research and the knowledge and experience of local experts and residents who are most familiar with the Gulf River’s natural environment. It could be used as the first step toward producing a resource management plan for the Gulf River estuary.

The analysis was initiated and funded by the Gulf River Association and prepared to serve as a reference …

Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Great uncertainty surrounds the New York Open Meetings Law (OML), a law that permits the public to attend meetings of public bodies. Obviously, the OML becomes especially crucial in the area of land use where public governmental meetings are the norm, and conflicts usually involve several interested parties. This article delves into OML issues such as, what constitutes a public meeting, and the importance of having meetings open to the public.

Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Land Preservation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This exploration of local preservation law and practice recognizes the critical influences of federal, state, and regional governments. Local governments are instruments of state governments; municipalities derive their authority from state statutes. Extensive control over land use has been given to localities, but important powers have been retained. State governments are the partners of federal agencies that are charged with protecting environmental resources that are subject to federal jurisdiction. The land use system that has evolved over the last century in this country is intensely intergovernmental and interdependent. While this system was not designed as a whole and is often …

Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …

Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller

Seattle University Law Review

This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …

Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald

Natural Resources Journal

No abstract provided.

Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling

Natural Resources Journal

No abstract provided.

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Valuation Of An Experience: A Study In Land Use Regulation, 36 J. Marshall L. Rev. 779 (2003), Bob Madden

UIC Law Review

No abstract provided.

Public Trust Doctrine And Public Access In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Public Trust Doctrine and Public Access in New Jersey.

Public access is specifically identified as one of the key priorities of the Coastal Zone Management Act (CZMA) of 1972. More importantly, the Act enables states to develop their own coastal zone management programs and to receive federal funding with which to implement them. There are a number of criteria that such plans must include before they can receive federal approval.

Where Will The Baby Boomers Go? Planning And Zoning For An Aging Population, Patricia E. Salkin

Scholarly Works

The article discusses the subject of land use planning and zoning for an aging community.

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with post hoc assertions about the need to promote economic development. In Hawaii Housing Authority v. Midkiff, the Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that public use challenges are subject to rational basis review; so long as a taking can be justified by some conceivable public purpose, it will be upheld. Yet in recent years, a number of courts have put the …

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Articles

No abstract provided.

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein

Articles

The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.

The Public-Use Question As A Takings Problem, Nicole Stelle Garnett

Journal Articles

Government officials regularly use the power of eminent domain to benefit private entities, and just as regularly justify their actions with assertions about the need to promote "economic development." Rather, the remarkable thing about these cases is that the courts questioned the government's right to do so. In Hawaii Housing Authority v. Midkiff, the United States Supreme Court reaffirmed that the Fifth Amendment demands broad deference to a government's decision to exercise the power of eminent domain. Midkiff makes clear that "public use" challenges are subject to rational-basis review. That is, so long as a taking can be justified by …

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about …

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

Federal Consistency In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a focus group on the topic of Federal Consistency in New Jersey.

In 1972, the U. S. Congress passed the Coastal Zone Management Act (CZMA), designed to “preserve, protect, develop, and where possible, to restore and enhance the resources of the nation's coastal zone.” The CZMA encouraged coastal states to develop and implement comprehensive management programs that balance the need for coastal resource protection with the need for economic growth and development within the coastal zone.

In the latter portion of the 1970s New Jersey developed a coastal management plan that was fully …