Land Use Law Commons^™

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.

Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin

Scholarly Works

No abstract provided.

Case Commentary - Martin V. Corporation Of The Presiding Bishop: Should Zoning Accommodate Religious Uses Or Vice Versa?, Alan C. Weinstein

Law Faculty Articles and Essays

In Martin v. Corporation of the Presiding Bishop, 747 N.E. 2d 131 (Mass. 2001), the highest court in Massachusetts rules that the Dover Amendment, a state statutes that denies local government the authority to "prohibit, regulate, or restrict the use of land or structures for religious purposes..." authorized the town of Belmont to grant a church special permission to build a steeple for a newly built Church of Jesus Christ of Latter Day Saints temple that was taller than the local zoning provisions would normally allow. Since Martin involved a Massachusetts statute, normally the decision would evoke limited interest, and …

Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

States throughout the country have created legislation and administrative programs to encourage the cleanup and redevelopment of urban brownfield land. In part, these efforts respond to the federal government's recent focus on the issue. However, leadership in method and approach has come, not from the federal government, but from the states. States have approached the cleanup and redevelopment of contaminated land in a variety of ways, some choosing to create voluntary cleanup programs, others imposing mandatory cleanup programs, and still others using combinations of these approaches. Regardless of method, however, the push to clean brownfield land is grounded in a …

Marine Industries Association Of South Florida Master Plan, Urban Harbors Institute, University Of Massachusetts Boston, Fau Joint Center For Environmental And Urban Problems

Urban Harbors Institute Publications

The Marine Industry Master Plan was prepared by the Marine Industries Association of South Florida (MIASF) to present a comprehensive and coordinated action agenda for retaining and expanding the marine industry in Broward County. This Master Plan is an extension of a strategic planning process conducted by the MIASF in which the major issues confronting the industry were identified along with an initial strategy to address those issues. This Marine Master Plan is part of that strategy. The plan contains goals, objectives, and actions that respond to several key issues: scarcity of waterfront sites for marine facility expansion, displacement of …

Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan

San Diego Law Review

The great lesson of our time is that the forces of production, conservation, and creativity exist principally in the marketplace and not in government. To be sure, private entrepreneurs act largely in their own self-interest, but probably no more so than government officials, and their endeavors in the economic area are much more beneficial to the public.

Trouble Preserving Paradise?, Nicole Stelle Garnett

Journal Articles

Election day 2000 was not a good day for proponents of suburban growth controls. The overwhelming initial support for initiatives that proposed state-wide growth management plans in Colorado and Arizona withered in the face of vigorous opposition campaigns. And, pro-planning forces in Oregon woke up on Wednesday morning to learn that voters had approved a little-noticed initiative amending the state constitution to require compensation for partial takings - that is, for any reduction in the fair market value of property resulting from government regulation - thus throwing into question the future of the State's widely touted model controlled-growth scheme.

These …

On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett

Journal Articles

Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …

The Rise Of Urban Archipelagoes In The American West: A New Reservation Policy?, James R. Rasband

Faculty Scholarship

No abstract provided.

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.

Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Municipalities battle over the use of adjacent lands as land use border wars erupt all over New York. The results of these battles rarely equate to a satisfying solution for both parties. This column delves into flaws of New York law, including the insufficiencies of the State Environmental Quality Review Act (SEQRA), and also documents several cases where municipalities fail to come up with cooperative solutions. However, recent solutions, such as co-lead agencies and joint municipal review boards are beginning to make use of the cooperative authority provided to municipalities by state law, and could be a sign of hope …

Feds 200, Indians 0: The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps

Vanderbilt Law Review

"Great nations, like great men, should keep their word."' Justice Black, in his dissent in Federal Power Commission v. Tuscarora Indian Nation, encapsulated the failures of two centuries of the United States' relationship with its native Indians. Since establishing the first tentative treaties of the Revolutionary era, the United States has made many broad promises to the Indians. These promises, detailed first in treaties and later in statutes, drew the government and the Indians into a fiduciary relationship. Although this relationship would have consequences for federal/Indian interactions, raising the level of care with which the government would treat its native …

Nonprofit Organizations In Brownfields Redevelopment: Leveling The Playing BrownField, Ellen B. Sturm

Buffalo Environmental Law Journal

No abstract provided.

Public Lands Council 9. Babbitt: Herding Ranchers Off Public Land?, Julie Andersen

BYU Law Review

No abstract provided.

Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Although land use regulation at the federal, state, and local level are independent entities, integrating their functions may prove to be a successful method to facilitate smart growth and to protect wetlands. This article examines environmental regulation for wetlands at several levels of government. Specifically, this feature discusses federal command and control environmental laws and state government (New York and Connecticut) regulation efforts, which are justified though state sovereign police power. Also discussed, is the role of local government to act within their jurisdictions, and how governmental forces may agree upon joint resolutions in order to solve national problems. For …

The Evolution Of An International Water Resources Management Regime In The Mekong River Basin, Greg Browder, Leonard Ortolano

Natural Resources Journal

No abstract provided.

Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Smart growth involves two main principles, creating incentives to increase compact development in some areas, and in turn, preserving open space in other areas. The New York legislature has imparted municipal governments with general authority to regulate land and preserve open space. In turn, several tools have developed which are at the disposal of municipal governments including, overlay zoning, floating zones, cluster development and state laws such as the New York State Environmental Quality Review Act (SEQRA). The use of these tools, along with proper training for state and local officials on the subject of smart growth, will render open …

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.

Activities Of The Eagle River Assembly, Douglas Kemper

Water and Growth in the West (Summer Conference, June 7-9)

14 pages (includes illustrations).

Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead

Water and Growth in the West (Summer Conference, June 7-9)

16 pages.

Gunnison River: A Local Perspective On Union Park, John R. Hill, Jr.

Water and Growth in the West (Summer Conference, June 7-9)

11 pages.

Conjunctive Use In The Denver Basin: The Three Way Agreement, Peter D. Binney

Water and Growth in the West (Summer Conference, June 7-9)

14 pages.

Contains references.

Potential For Coordinated Facilities Management Along The Northern Front Range, Marc Waage

Water and Growth in the West (Summer Conference, June 7-9)

2 pages.

Emerging Demands In The Colorado Headwaters, Taylor Hawes

Water and Growth in the West (Summer Conference, June 7-9)

8 pages.

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.

The Water Development-Growth Relationship: Case Studies, Edward F. Harvey

Water and Growth in the West (Summer Conference, June 7-9)

7 pages.

Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas

Water and Growth in the West (Summer Conference, June 7-9)

30 pages (includes illustrations).

Contains footnotes.

Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Key Trends In Population And Land Use In The West, William E. Riebsame

Water and Growth in the West (Summer Conference, June 7-9)

9 pages (includes illustrations and maps).

Contains 1 page of references.

Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi

Water and Growth in the West (Summer Conference, June 7-9)

10 pages.

Contains 1 page of references.