Land Use Law Commons^™

Reforming The Forest Service, Denise D. Fort

Natural Resources Journal

No abstract provided.

New Direction In Scared Lands Claims: Lying V. Northwest Indian Cemetary Protective Association, Nancy Akins

Natural Resources Journal

No abstract provided.

Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone

Faculty Publications

No abstract provided.

On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew

Washington and Lee Law Review

No abstract provided.

Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi

Cardozo Law Review

No abstract provided.

The Advent Of Zoning, Garrett Power

Faculty Scholarship

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

County Home Rule: St. Clair, Dupage And Will Counties Have Opened The Door To Its Powers And Should Welcome Its Arrival, 22 J. Marshall L. Rev. 763 (1989), Janet Northrop Petsche

UIC Law Review

No abstract provided.

Law And A New Land Ethic, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

As open space comes under increasing development pressure, existing-use zoning provides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means for protecting high-demand or sensitive areas such as wetlands, coastlines, lakeshores, floodplains, stream corridors, and pristine reservoir watersheds. This Article reviews the viability of existing-use zoning under United States Supreme Court interpretations of the Constitution's takings clause. It concludes that nothing in those interpretations disallows this straightforward approach to preserving our country's familiar patterns of land use and development.

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating

Law Faculty Articles and Essays

CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.

Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster

Natural Resources Journal

No abstract provided.

Joint Resolution S.J. Res. 67, Natural Resources Journal

Natural Resources Journal

No abstract provided.

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.

Law Faculty Articles and Essays

In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Wilderness In Canada: Past, Present, Future, J. Gordon Nelson

Natural Resources Journal

No abstract provided.

A Prolegomenon To Understanding The Developer’S True Statutory Responsibilities Under Seqra, Donald S. Snider, Gerald M. Levine

Touro Law Review

No abstract provided.

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …

Nollan, Henry George, And Exactions, Stewart E. Sterk

Articles

The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …

Air Pollution, Ruth L. Kovnat

Natural Resources Journal

No abstract provided.

Judicial Deference And The Perpetuation Of Exclusionary Zoning: A Case Study, Theoretical Overview, And Proposal For Change, Peter M. Carter

Buffalo Law Review

No abstract provided.

A Survey Of Governmental Response To The Farmland Crisis: States' Application Of Agricultural Zoning, Teri E. Popp

University of Arkansas at Little Rock Law Review

No abstract provided.

Land Use Related Restrictions And The Conservation Provisions Of The Food Security Act Of 1985: Sodbuster And Swampbuster, Galen Fountain

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

A Landmark Global Treaty At Montreal, Richard Elliot Benedick

Natural Resources Journal

No abstract provided.

The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

19 pages.

Instream Flows And Tribal Management Goals: The Flathead Indian Reservation Litigation, Daniel F. Decker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

6 pages.

Off-Reservation Marketing Of Indian Water, Steven J. Shupe

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

12 pages.

The Montana Reserved Water Rights Compact Commission, Marcia Beebe Rundle

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

27 pages.

Contains references.

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.