Land Use Law Commons^™

United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii

Natural Resources Journal

No abstract provided.

Introduction To The Symposium 1999: Land Use In The 21st Century: The Next Frontier For Environmental Law, Jason Rylander, Erika Kroetch

William & Mary Environmental Law and Policy Review

No abstract provided.

William C. Clarke's Review Of R. Gerard Ward And Elizabeth Kingdon's Land, Custom, And Practice In The South Pacific, William C. Clarke

Pacific Studies

No abstract provided.

Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth

BYU Law Review

No abstract provided.

Wetlands Controls: Untangling An Intricate Web Of Rules, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article discusses the controversy surrounding legislation protecting wetlands, including the proposed revisions to National Wetlands Permit Number 26. Federal, state, and local governments all play a critical role in wetlands regulation. The potential of these different levels of government can be maximized through a coordinated effort, avoiding situations where applicable laws from one level of government run contrary to laws of another level of government, which often results in unnecessary litigation. This article discusses these issues, and also provides examples of intergovernmental wetlands regulation success.

An Overview Of Washington's Growth Management Act, Eric S. Laschever

Washington International Law Journal

Beginning in the 1970s, a number of states began adopting state wide growth management statutes. In response to increasing population pressures, Washington State enacted its Growth Management Act ("GMA") in 1990. This article examines the GMA's requirements for comprehensive plans, its enforcement and appeals provisions, and the relationship of the GMA to other Washington State laws, including the State Environmental Policy Act and the Shoreline Management Act. The GMA has significantly changed the land use planning process in Washington, and its effects can already be seen in wide spread protection of critical areas, the designation of urban growth policies, and …

Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie

Washington International Law Journal

Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …

Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner

Washington International Law Journal

This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …

The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett

Natural Resources Journal

No abstract provided.

Protecting Scenic Assets: Regulations Based On Study, Expert Reports And Rationality, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Many municipalities are seeking to protect scenic assets through a combination of land use tools and implied police powers. These tools include comprehensive planning, subdivision and site plan approval, and in New York, execution of the State Environmental Quality Review Act (SEQRA). An example of scenic protection is North Elba, New York, where the local planning board denied Wal-Mart’s application to construct a store because the store would compromise the viewshed of a nearby mountain. This article reviews the SEQRA process in the Wal-Mart case and also reviews several other methods municipalities may use to protect environmental and aesthetic interests.

Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

3 pages.

The New Challenge Of Outdoor Recreation, Roz Mcclellan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

5 pages.

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.

Recreation Management By The Blm: A Local Perspective, Ann Morgan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

One State’S Response To Outdoor Recreation Pressures, Laurie Mathews

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

5 pages.

Conflict Resolution: A Field Perspective, Ev Elmendorf

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

6 pages.

A Mountain Bicycling Perspective On User Group Conflict, Martha Roskowski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

11 pages.

Contains 1 page of references.

Conflict Among User Groups: An Overview Of Major Issues And Opportunities, Mark W. Brunson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

14 pages.

Contains 2 pages of references.

Field-Level Conflict Management In Outdoor Recreation, James B. Webb

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

7 pages.

Field Level Conflict Management In Outdoor Recreation, Arden Anderson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

16 pages.

Contains references.

The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

18 pages (includes color illustrations).

Contains footnotes.

The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

13 pages (includes illustrations).

Contains references.

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …

Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains 2 pages of references.

Recreation As An Ally For Environmental Protection, Gary Sprung

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains references.

The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

7 pages.

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Lawyers, Judges, And The Public Interest, John M. Payne

Michigan Law Review

Chares Haar, the Louis D. Brandeis Professor of Law Emeritus at the Harvard Law School and a certified elder statesman of the housing and land-use community, was one of those scholar-politicians of the 1960s who spun out innovative theories in law reviews and then moved into government to see them applied. His generation inspired mine to pursue law as a means to serve the public interest. But the days of the Kennedy brothers' Camelot are long past. Today, big government and "big courts" alike are seen as parts of the problem. In the more austere political climate of the 1990s, …

Affordable Housing: State Lacks Definition Of Need And Municipal Responsibility, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

New York case law has created an obligation for communities to provide low-income housing in order to meet regional needs. The courts have found exclusionary zoning to be an unconstitutional practice, and may require communities to amend zoning ordinances that act in an exclusionary manner. The burden for plaintiffs to prove an ordinance is unconstitutionally exclusionary has been greatly impacted by the existence of regional housing studies. However, legislative progress in New York continues to lag behind surrounding states, as New Jersey and Connecticut legislatures have put statutory components in place to ease burden of proof in challenges to exclusionary …

Religious Freedom And Zoning, Helen M. Maher

Buffalo Environmental Law Journal

No abstract provided.