Land Use Law Commons^™

Water Rights And The Commonwealth, Eric T. Freyfogle

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

20 pages.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

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

7 pages.

Contains references.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

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

47 pages.

Contains footnotes.

Sustainable Use Of The Denver Basin, Charles B. White

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

20 pages.

Contains footnotes.

Speculating On The Denver Basin, Robert E. Brogden

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

20 pages (includes illustrations and 1 map).

Contains footnotes.

Restoring The Rio Grande—What Will It Take?, Denise Fort

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

18 pages.

Contains 1 page of references.

A Response To Kansas V. Colorado: Sustainable Use Of The Arkansas River, David L. Harrison

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

17 pages (includes 1 folded map).

Is Sustainable Agriculture Possible In The Arid West?: The Example Of The Ogallala Aquifer, John Opie

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

16 pages.

Contains 2 pages of references.

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

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

12 pages.

Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson

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

23 pages.

Contains endnotes and references.

Sustainability: Myth And Reality, Kai Lee

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

23 pages (includes illustrations).

Contains references.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

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

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

The Pine Barrens: A New Model Of Land Use Control For New York, Michael R. Jung

Buffalo Environmental Law Journal

No abstract provided.

Recycling Industrial Sites In Erie County: Meeting The Challenge Of Brownfield Redevelopment, Robert S. Berger, Patricia C. Campbell, James A. Crolle Iii, Wendy A. Marsh, Sallie Randolph, Julia A. Solo, Hugh Stephens

Buffalo Environmental Law Journal

This is an updated version of a report originally released in May, 1994, which was prepared in cooperation with Richard M. Tobe, Erie County Commissioner of Environment and Planning. The authors were members of the Spring, 1994 Environment and Development seminar. This updated version is still in the form of a report. A fuller historical and analytical treatment of many of the issues presented here can be found in the forthcoming article, Comment, Urban Decay and the Role of Superfund: Legal Barriers to Redevelopment and the Prospects for Change, 43 BuFF.L.RBv. _ (1995), written by Julia A. Solo, one of …

America's Water: Federal Roles And Responsibilities, Denise D. Fort

Natural Resources Journal

No abstract provided.

Which Right Is Right: The Pueblo Water Rights Doctrine Meets Prior Appropriation, Pierre Levy

Natural Resources Journal

No abstract provided.

Ideology Between Fiction And Fantasy, Slavoj Zizek

Cardozo Law Review

In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …

Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker

Cardozo Law Review

A hallmark of American property law is the acknowledgment of the government's ability to regulate the use of private parcels of land through the zoning laws. One of the chief goals of zoning law is to prevent overdevelopment and the accompanying strain on municipal resources. A landowner seeking to make significant changes to his property must obtain a permit from the local governing body. Denial of a building permit or certificate of occupancy is the chief means for enforcing zoning regulations. If a potential developer wishes to alter his property in a way that conflicts with applicable zoning laws, he …

Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center

Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)

17 pages.

Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.

In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …

The Stable Door Is Open: New York's Statutes To Protect Farm Land, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Daniel Webster, in his Remarks on Agriculture, asserted that "When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." If Webster is right, civilization in New York State is floundering. Dutchess County recently witnessed the closing of the county's oldest dairy operation, Kay-Ray Farm. With Kay-Ray gone, Dutchess now has just over 50 farms left, down from over 100 in 1987 and from nearly 300 in 1972. What happened to this farm and this county is happening, to varying degrees, throughout the state. Legislatively, we have left the barn door ajar and the state's productive …

Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Different, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, cooperative federalism will be needed to manage complex ecological resources for biodiversity conservation. A suggested model employing regional biodiversity management approaches is outlined.

Arbitrary And Confiscatory Rezoning By New York State Local Governments: An Exercise Of Police Powers Or Discrimination?, George Likourezos

Touro Law Review

No abstract provided.

Dolan V. Tigard: The Myth And Reality Of Its Impact On Takings Jurisprudence And Land Use Regulation, Stephen Truesdale Carney

St. Thomas Law Review

In June of 1994, the evolution of constitutional law took another small step forward when the United States Supreme Court decided Dolan v. City of Tigard. This decision has specific implications for the fields of environmental and land-use law. While many see those implications as deleterious to environmental concerns, others see them as a necessary clarification in a narrow but previously vague area of law. In Dolan, the issue before the court was whether the city's demand that the petitioner dedicate her property along a floodplain to public use as a condition for a building permit approval violated the Fifth …

Dolan V. Tigard: Taking A New Look At An Old Takings Issue, Andrew S. Yagoda

St. Thomas Law Review

On June 24, 1994, the United States Supreme Court issued a land development decision that balances the strained relationship between eager land developers and overreaching municipalities. Regulatory takings have long been justified as an integral part of the states' police power These methods are incorporated into state, regional and city comprehensive land development plans, established to protect the environment and facilitate growth and development in an area. The United States Supreme Court decided Dolan v. City of Tigard in an attempt to reconcile past decisions on land use and development. Dolan limits the government's traditionally superior bargaining power and affects …

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.

Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On Land Use And The First Amendment, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

The past year saw no cessation in cases reporting on the conflicts that arise when local land use regulation is applied to uses claiming protection under the First Amendment. This report highlights the two major developments in this area - the courts' the treatment of claims brought under the Religious Freedoms Restoration Act of 1993 and the latest decision of the U.S. Supreme Court concerning sign regulation, City of Ladue v. Gilleo, and discusses other cases involving regulation of religious institutions, adult businesses and signs.

The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.

Cleveland State Law Review

It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.

Has The U.S. Supreme Court Finally Drained The Swamp Of Takings Jurisprudence? The Impact Of Lucas V. South Carolina Coastal Council On Wetlands And Coastal Barrier Beaches, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article argues that the Court's reliance on the law of property neither creates an internal inconsistency in takings law nor necessarily leads to further destruction of natural resources. Background principles of property law, such as custom and public trust, have long provided a basis for government protection of the public's interest in certain types of land, like the barrier beach David Lucas sought to develop.

Thus, the Lucas case need not be perceived as casting a constitutional cloud over laws protecting important ecosystems like wetlands and barrier beaches. The decision may not place these resources in greater danger from …

Takings Clause

Touro Law Review

No abstract provided.