Land Use Law Commons^™

Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas

Bait And Shoot, Jim Snider

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas

Catron County Board Of Commissioners, N.M. V. United States Fish & (And) Wildlife Service: Is Functional Equivalence The Solution To The Emerging Critical Habitat Problem, Kurt Van Deren

Natural Resources Journal

No abstract provided.

Indian Lands As Critical Habitat For Indian Nations And Endangered Species: Tribal Survival And Sovereignty Come First, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

The National Park Service And The Regulation Of The Air Tour Industry At Grand Canyon National Park, Brenton Alexander

Natural Resources Journal

No abstract provided.

Flexibility In The Law: Reengineering Of Zoning To Prevent Fragmented Landscapes, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The continued existence vernal pools and other sensitive environmental areas greatly depends upon local and state land use decisions. Practices such as Euclidian Zoning, where land uses are separated into different districts, usually fail to account for the protection of these sensitive areas. However, local governments in New York, using implied municipal power created by state legislation, have a variety of land use tools to help alleviate the destruction of environmentally sensitive areas. These tools include: overlay zoning, incentive zoning, conservation easements, floating zones, and transferring development rights. By using these tools within a well-integrated strategy, New York communities can …

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of land use policies and laws, as well as presents academic and scientific theories supporting a national land use policy. Part II of this article describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending …

Common Interest Communities: Evolution And Reinvention, 31 J. Marshall L. Rev. 303 (1998), Wayne S. Hyatt

UIC Law Review

No abstract provided.

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Fordham Urban Law Journal

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development, and concludes by advocating the need for more comprehensive federal legislation on land use. Part I provides a historical development of land use policies and laws. Part II describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending on infrastructure and the results of …

Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen

Touro Law Review

No abstract provided.

Tort Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry

Touro Law Review

No abstract provided.

Dangerous Crossing: State Brownfields Recycling And Federal Enterprise Zoning, Michael Allan Wolf

Law Faculty Publications

Urban policymakers over the past two decades have engineered a curious and potentially dangerous intersection of late 20th Century policies designed to foster the rebirth of America's distressed urban regions. First, we find widespread enthusiasm about the potential for reusing brownfields 1 (typically contaminated urban sites), which has stimulated an impressive range of initiatives at all levels of government. 2 Second, after more than a decade of sitting on the sidelines and watching the states battle over the ideal range of incentives that will most effectively drive inner-city redevelopment, the federal government finally entered the fray in the 1990s with …

Natural Resource Policy, Unforgiving Geographies, And Persistent Poverty In Alaska Native Villages, Gigi Berardi

Natural Resources Journal

No abstract provided.

Public Rangeland Reform: New Perspectives For Collaboration And Local Control Using The Resource Advisory Councils, Todd M. Olinger

University of Colorado Law Review

No abstract provided.

Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …

Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold

Articles & Chapters

Residential developments often create a general scheme of restrictions, operate common facilities, and establish an owners association to enforce the restrictions and operate the common areas. Private governments raise difficult public policy and legal issues. Private regimes should generally be enforced as they encourage the efficient use of land, allow choice in living arrangements, and foster participatory democracy. At the same time, though, the restrictions can offend personal autonomy, create inefficiencies, and permit undue control by past generations over present owners. The law should therefore enforce homeowners association covenants that prevent harmful fallout on the neighborhood, but they should not …

Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender

Faculty Articles

Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …

Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Second Department Appellate Division’s holding in Bonnie Briar Syndicate, Inc. v. Mamaroneck upheld local rezoning in Mamaroneck, New York, from residential to recreational use despite legal challenges that the zoning change constituted an unreasonable use of municipal police power as well as a regulatory taking. The case cited several New York precedents. Each held that so long as rezoning is in accordance with the local comprehensive plan, the zoning shall be held constitutional. However, concerns linger among private residents and local municipalities regarding recreational rezoning projects, which despite providing significant benefits for the community, must be justified by a …

Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee

BYU Law Review

No abstract provided.

City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Watershed Rules and Regulations, created by New York City’s Department of Environmental Protection, influence several facets of law, including the ability of local governments to regulate actions such as construction. Several landowners in the affected area have taken issue with the regulation. Specifically, they challenge the constitutionality of the city’s extraterritorial control on outside municipalities because of the resulting diminutive effect of the regulations on private property values. This article discusses these issues, as well as the legal ability for potential plaintiffs to sue.

Recycling: Anything But Garbage, Heather P. Behnke, Kathleen M. Bennett, Amy L. Du Vall

Buffalo Environmental Law Journal

No abstract provided.

The Western Water Policy Review Advisory Commission: Another Look At Western Water, Denise D. Fort

Natural Resources Journal

No abstract provided.

Harbor Plan For The Town Of Provincetown, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

Provincetown Harbor is an attractive focus of activity for the entire community which surrounds it. The Harbor area is a complex place that requires public attention to ensure appropriate use and a clean environment. The Provincetown Harbor Plan establishes practical steps to meet these goals. This Plan values the present character and activities within the Harbor area. Rather than seeking dramatic changes, the objective of the Plan is to enhance the Harbor through better management and by accomplishing a list of coordinated improvements.

The Plan envisions a future Provincetown Harbor with substantially greater access and a more pleasant character along …

Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The case of City of Boerne v. Flores marked an important day in the history of the Constitution. The decision of the United States Supreme Court invalidated the Religious Freedom Restoration Act as applied to a local Texas zoning ordinance. The ordinance created a historical preservation area in an attempt to curb a church from expanding its buildings. The Supreme Court held that the Freedom Restoration Act went beyond Congress’s power because of the Act’s broad coverage and potential to intrude on laws regardless of context. This holding parallels the general application of the New York case law, which, generally …

The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block

Dams: Water and Power in the New West (Summer Conference, June 2-4)

15 pages.

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.