Land Use Law Commons^™

Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo

Seattle University Law Review

Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …

Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne

Seattle University Law Review

In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …

Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano

Scholarly Works

No abstract provided.

As Natural Landscaping Takes Root We Must Weed Out The Bad Laws - How Natural Landscaping And Leopold's Land Ethic Collide With Unenlightned Weed Laws And What Must Be Done About It, 26 J. Marshall L. Rev. 865 (1993), Bret Rappaport

UIC Law Review

No abstract provided.

Race, Space, And Place: The Relation Between Architectural Modernism, Post-Modernism, Urban Planning, And Gentrification, Keith Aoki

Fordham Urban Law Journal

Since the early 19th century, American city planning and architectural design has sought to reconcile the city with the countryside. During the late 19th and early 20th centuries, city planning focussed on bringing elements of the country to the urban landscape, while for much of the 20th century architectural designs sought to make the city more accessible to suburbanites. Both approaches to urban planning were based on architectural modernism, which led to city development plans that reflected developers' subjective value laden biases about urban life. The result was significant urban decay as zoning regulations and utilitarian city planning resulted in …

Are Spread Out Cities Really Safer (Or, Is Atlanta Safer Than New York), Michael E. Lewyn

Cleveland State Law Review

Many commentators believe that low-density, car-dependent cities are safer than older, higher-density cities. According to a 1990 Gallup Poll, most Americans share this view. The poll showed that low-density Sunbelt cities are generally perceived as safer than they really are, and that high-density Frostbelt cities are often perceived as more dangerous than they really are. The purpose of this article is to answer the following questions: 1. How closely do public perceptions of major cities' safety correlate with actual crime rates? 2. Even if high-density cities have lower crime rates, might public perceptions be justified by the possibility that crime …

Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi

Seattle University Law Review

Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis

Seattle University Law Review

This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …

Commentary, Cliff Metzner

Natural Resources Journal

No abstract provided.

Commentary, Neil R. Fulton

Natural Resources Journal

No abstract provided.

The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce

Seattle University Law Review

When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …

Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf

Law Faculty Publications

The 1991 October Term of the United States Supreme Court can legitimately be called "Takings Term II," a sequel to the Court's regulatory takings activism of the 1986 October Term. Unlike the previous trio of Keystone, First English, and Nollan, however, the Court's contributions in Lucas, Yee, and PFZ are as significant for what the Justices did not say as for what they contributed to the pages of the United States Reports. ...

Introduction: Dedication To James A. Coon, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Law Review is dedicated to a man and an idea in which he believed. James A. Coon was land use counsel to the Department of State in New York when he died in 1992. For a quarter of a century he served as counsel to several New York State agencies, all involved in some way with providing technical assistance to those interested in the subject of land use law. For James Coon, and those who learned from him, land use law carries with it a significant set of responsibilities. It establishes the rules that dictate …

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Dashed "Investment-Backed" Expectations: Will The Constitution Protect Property Owners From Excesses In Implementation Of The Growth Management Act?, Elaine Spencer

Seattle University Law Review

Section I briefly discusses the basic principles of takings law as enunciated by prior cases, as well as the United States Supreme Court's recent decision in Lucas v. South Carolina Coastal Council, and the Washington Supreme Court's recent decisions in Sintra, Inc. v. Seattle and Robinson v. Seattle. Although the Lucas decision has received considerable publicity, it advanced the state of the law rather little. The real guidance for future decisions arising out of the GMA will come from earlier United States Supreme Court decisions and the Washington Supreme Court's decisions in Sintra, Robinson, and Lutheran …

Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley

Vanderbilt Journal of Transnational Law

Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …

Environmental Policy In The 1990s, Denise D. Fort

Natural Resources Journal

No abstract provided.

Private Land Use, Changing Public Values, And Notions Of Relativity, Lynda L. Butler

BYU Law Review

No abstract provided.

Southwest Diversified, Inc. V. City Of Brisbane: New Opportunities For Municipalities To Avoid Referendum In Land Use Decisions, Cindy Y. Dobler

San Diego Law Review

In Southwest Diversified, Inc. v. City of Brisbane, the California Court if Appeal held that a city ordinance which changed the zoning of originally designated wildlife habitat to another location within the proposed development was an administrative act and therefore not subject to referendum. Although local citizens groups had collected the requisite signatures to put the ordinance on the ballot for repeal by referendum, the appellate court upheld the lower court's decision ordering the city to desist from holding the election on the issue. The appellate court, narrowly focusing on the perceived intent and wording of a habitat conservation plan, …

Local Land Use Control In New York: An Aging Citadel Under Siege, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In New York, local officials determine the shape and pace of land development, decide the economic fate of land owners and are the stewards of our natural resources. The system of local control of land use has remained relatively static since it was first created by the state legislature over seven decades ago. Today, however, it is under siege. Its strength is being sapped by preemptive state and federal regulations; it is being attacked by environmentalists and developers alike. The state's highest court has called for fundamental reform.

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Vanderbilt Law Review

Even before the Supreme Court decided Nollan v. California Coastal Commission,' courts and scholars debated the wisdom and constitutionality of land use exactions and impact fees-government-imposed charges on the right to develop land. Many municipalities have long required developers to finance infrastructure improvements.s Fiscally drained municipalities, particularly big cities, had begun to use, or to consider using, exactions or their close cousins, "linkage" programs, as a means to finance a wider variety of government services.

The controversy these fees have generated reflects more general concerns about financing local government. Municipalities and their defenders justify exactions and impact fees as necessary …

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Articles

The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.

The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk

Cardozo Law Review

No abstract provided.

The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine

UIC Law Review

No abstract provided.