Land Use Law Commons^™

Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating

Law Faculty Articles and Essays

Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

UF Law Faculty Publications

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damages awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

The Political Economy Of Co-Financing America's Urban Renaissance, Robin P. Malloy

Vanderbilt Law Review

America's urban centers are experiencing a renaissance of sorts that reflects the vitality of a renewed interest in the city.Dynamic growth and revitalization of the central city have emerged since the 1970s as key focal points for investment and development, replacing years of investing primarily in suburbanization. The emerging activity in America's urban down towns has been more than an isolated or segmented investment in office buildings. With strong political support and the emergence of an affluent group of new urbanites, some central cities are said to be transforming into entirely new urban environments where people not only work, but …

Neighbors In American Land Law, Stewart E. Sterk

Articles

The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …

Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber

Cardozo Law Review

No abstract provided.

Decree: The Congress Of The United Mexican States Decrees Federal Act Relating To The Sea, Congress Of The United Mexican States

Natural Resources Journal

No abstract provided.

Transboundary Oil And Gas Selected Bibliography, Alberto Székely

Natural Resources Journal

No abstract provided.

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

26 pages.

Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.

5 pages.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

8 pages.

Siting Industrial Facilities In The Western United States, Joseph Browder

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

24 pages.

Contains references.

External Development: Turning Problems Into Opportunities, T. Destry Jarvis

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

9 pages.

The National Park Idea: Historical Misconceptions And Ecological Realities, Alfred Runte

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

17 pages.

Contains references.

Panel: Perspectives On External Threats To The National Parks [Report Of The Subgroup Of The Park Protection Working Group], Stephen A. Gleason

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

11 pages.

Contains 1 attachment.

Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

29 pages.

Contains references.

Case Study: The Challenges Of The Greater Yellowstone, Bill Bryan

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

4 pages.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

Protecting National Park Resources: Wildlife, George Cameron Coggins

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages.

Contains references.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein

Law Faculty Articles and Essays

This term, for the third time in 10 years, the U.S. Supreme Court considered the validity of zoning that restricts the location or operation of businesses that trade in sexually oriented books, magazines, movies, or entertainment. Restrictions on such "adult businesses" raise serious constitutional issues because the First Amendment's guarantee of freedom of speech extends to sexually oriented media so long as the material is not considered obscene. In the latest case, City of Renton v. Playtime Theatres, 106 S.Ct. 925 (1986), 38 ZD 258, the Court upheld a zoning ordinance that limited the location of theaters exhibiting adult movies …

Binational Uses Of Transboundary Air Resources: The International Entitlement Issue Reconsidered, Gunther Handl

Natural Resources Journal

No abstract provided.

Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith

Antioch Law Journal

In recent years there has been a tremendous increase in the number of worker-owned businesses, with more than 2,000 in existence today.'Studies show that part of the reason for this increase is their success: employee-owned businesses are more productive, 2 create more jobs,3 and grow faster than comparable non-employee owned companies.4 One factor that has contributed to the growth of worker-owned businesses has been plant shutdowns. Today corporations are able to relocate around the world in order to maximize profits.5 As a result, the Northeast and the Midwest alone lost an estimated 900,000 jobs during the 1970s from plant shutdowns.6 …

Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann

University of Michigan Journal of Law Reform

Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.

Chemical Industry Accidents, Liability, And Community Right To Know, Michael S. Baram

Faculty Scholarship

The Bhopal, India tragedy and other industrial accidents (e.g., Seveso, Flixborough, Mexico City, Institute, WV) have frightened the citizens of developed and undeveloped countries. These accidents, along with numerous hazardous waste problems, have led to a dramatic loss of public confidence in chemical industry management and their safety experts. The occurrence of such accidents also provides vivid evidence of the serious gap between government legislative promises and government performance in the actual control of industrial hazards.'

As a result, persons who believe they have been injured or put at risk by industry are now using tort law to secure private …