Land Use Law Commons^™

When Religion Becomes A Nuisance: Balancing Land Use And Religious Freedom When Activities Of Religious Institutions Bring Outsiders Into The Neighborhood, Shelley Ross Saxer

Kentucky Law Journal

No abstract provided.

Florida Game And Fresh Water Fish Commission V. Flotilla, Inc., Holly R. Harvey

Natural Resources Journal

No abstract provided.

Determining What Is In The Public Welfare In Water Appropriations And Transfers: The Intel Example, Susanne Hoffman-Dooley

Natural Resources Journal

No abstract provided.

The Future Of High-Level Nuclear Waste Disposal, State Sovereignty And The Tenth Amendment: Nevada V. Watkins, Sonny Swazo

Natural Resources Journal

No abstract provided.

Revisiting The National Flood Insurance Program, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses the hazards proposed by floods, the options for their control, the operation of the National Flood Insurance Program, and the changes made by the 1994 amendments.

Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf

Law Faculty Publications

On June 24, 1994, America's local governments, financially strapped and already subject to potential liability in a number of areas, received an unwelcome gift from the United States Supreme Court--Dolan v. City ofTigard. For the third time in seven years, the Justices ended their term by releasing an opinion further extending the reach of the Fifth Amendment's Takings Clause. This decision was a cause for celebration in the ranks of private property champions and consternation among Court critics who perceive a return to the bad old days of substantive due process, the Court's second-guessing of government decisionmaking, this time …

Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier

University of Richmond Law Review

Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith

University of Richmond Law Review

This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.

A Dialogue On Design, William A. Mcdonough

University of Richmond Law Review

This is an interview in the Allen Chair Symposium.

Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker

University of Richmond Law Review

Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …

Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager

University of Richmond Law Review

In the eleven western states, almost half of the land is federally owned and a large percentage of that federal land is used for grazing privately-owned domestic livestock. The Department of the Interior estimates that permitted grazing occurs on thirty-six percent of federal land, but this percentage is much higher in the areas containing more federal rangeland. In 1990, the eleven western states had approximately seventeen million beef cattle and 102,800 beef producers. Roughly eighteen percent of those beef producers had federal grazing permits, but in some states that percentage was much higher. For example, eighty-eight percent of the cattle …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold

Articles & Chapters

No abstract provided.

The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar

University of Richmond Law Review

The subject chosen for this discussion is both timely and thought-provoking: the status and future of land-use regulations in the United States. In the hope of making the issues subsumed under this title as exciting to the general public as they are to the practitioners, Professor Michael Allan Wolf has taken the monumental Euclid decision of the United States Supreme Court in 1926 as the pivot of our deliberations. He has posed the question most dramatically with overtones of a swelling Wagnerian overture: "Is It The Twilight of Environmental and Land-Use Regulation?"

Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene

University of Richmond Law Review

Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …

Reformulating The New York City Landmarks Preservation Law's Financial Hardship Provision: Preserving The Big Apple, Cindy Moy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The National Land Use Policy Act, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.

Alienation Of Conservation Easements, Richard B. Collins

Publications

No abstract provided.

Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier

Reviews

The regulatory takings problem is easy to describe but difficult to resolve. The government enacts restrictions on land use that reduce the market value of the targeted parcels by a considerable amount. The restrictions are couched in terms of the police power, but actually they might amount to a taking that requires compensation, not because any of the land has been wrested away (it hasn't), but because much of the value has. Through the police power the government gets to govern for free, whereas with takings it's pay as you go. On what does the distinction-police power or taking-depend?

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …

Federal Agency Management Plans Are Ongoing Actions Under Endangered Species Act's Section 7: Pacific Rivers Council V. Thomas And Northwest Forest Resources Council, Cheryl Bada

Natural Resources Journal

No abstract provided.

Arsenic And Old Lace: The Epa Should Not Have Approved A Water Quality Standard For Arsenic That Is Below Natural Background Levels In City Of Albuquerque V. Browner, Cyndi Mojtabal

Natural Resources Journal

No abstract provided.

The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin

Natural Resources Journal

No abstract provided.

State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort

Natural Resources Journal

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Lin Poyer's Review Of David Damas's Bountiful Island: A Study Of Land Tenure On A Micronesian Atoll, Lin Poyer

Pacific Studies

No abstract provided.

The Unfunded Mandates Reform Act Of 1995: Where Will The New Federalism Take Environmental Policy, Denise D. Fort

Natural Resources Journal

No abstract provided.

Searching For Sustainable Use Of Montana’S Water: A Series Of Vignettes, Matthew Mckinney

Sustainable Use of the West's Water (Summer Conference, June 12-14)

24 pages.

Contains references.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.