Land Use Law Commons^™

Ishmael Stagner's Review Of Donald Kilolani Mitchell's Resource Units In Hawaiian Culture, Ishmael Stagner

Pacific Studies

No abstract provided.

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Indiana Law Journal

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Solar Energy Development, State Constitutional Interpretation And Mount Laurel Ii: Second-Order Consequences Of Innovative Policymaking By The New Jersey Supreme Court, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Are The Suburbs Unconstitutional?, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

It is hard not to conclude that American local land use law has been a persistent and squalid failure. Once proud cities now stagger--decayed, honeycombed with dangerous, surreal moonscapes of physical and human devastation, and surrounded by insipid suburbs that sprawl over a vanishing rural world. What has gone wrong? To some extent, localities have had to bear the consequences of persistent racism and the national failure to embrace social democracy and adopt decent minimum guarantees of health care, education, and housing. Still, local land use law is deeply complicit with these national political choices.

Aesthetic Regulation: State V. Jones, Arthur L. Berger

North Carolina Central Law Review

No abstract provided.

Planning For Platted Lands: Land Use Remedies For Lot Sale Subdivisions, Frank Schnidman, R. Lisle Baker

Florida State University Law Review

No abstract provided.

Environmental Law - Atomic Energy Act, Steven B. Bennett

Natural Resources Journal

No abstract provided.

Natural Resources - Constitutional Law, Celia L. Jorgensen

Natural Resources Journal

No abstract provided.

Renewing Our Renewable Forest Resource: The Legislative Framework, Peter A. Love

Dalhousie Law Journal

Since the first settlers arrived on Canada's shores, the forests have been looked to as a major source of economic activity and wealth. Year after year and decade after decade, Canadians have gone to the woods to fell trees in order to satisfy the ever-increasing demands of both the country and the world. In the nineteenth century, the magnificent pine and oak timber of eastern Canada, highly prized as lumber for construction and ship building, was the first to be depleted.' The beginning of the twentieth century saw the loggers moving north and west as the demand for paper and …

The Acquisition Of National Parkland: A Challenge For The Future, Rosemary E. Nation

Dalhousie Law Journal

Since the inception of a national park system in Canada, land acquisition for national parks has been sporadic and is now at a virtual standstill. In 1930, when legislation was introduced to designate national parks and govern their use, fourteen parks areas had been established.' Four parks were set up between 1930 and 1968, and seven parks and three national park reserves were established between 1968 and 1982. With the exception of the establishment of Grasslands National Park in Saskatchewan in 1982, there has been no further expansion to date. Thus, there are currently twenty-six national parks and three national …

Water Law - Sporhase V. Nebraska, Mary Ann Green

Natural Resources Journal

No abstract provided.

Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.

Public Access To Virginia's Tidelands: A Framework For Analysis Of Implied Dedications And Public Presecriptive Rights, Margit Livingston

William & Mary Law Review

No abstract provided.

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.

Lawyering In First-Year Property, Joseph P. Tomain

Faculty Articles and Other Publications

This essay discusses the use of a role-playing exercise in a large (70-100 students), first-year Property II course. The central focus of the course is land use. The author uses a Board of Adjustment hypothetical, with students in the roles of lawyer, client, expert, and member of the Board of Adjustment. I first used the problem to encourage fact analysis. Even second-semester first-year students too easily ignore facts and focus on the "rules of law" seemingly to the exclusion of all else. After using this method, however, it became apparent that many more learning opportunities present themselves. In addition to …

West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii

West Virginia Law Review

No abstract provided.

Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

Reader Response, Arthur Christian Nelson

Natural Resources Journal

No abstract provided.

The Swank Decision: Economic Interest In Coal Not Dependent On Lease Terminability, Jay Rosenblum

Natural Resources Journal

No abstract provided.

"Right To Farm" Statutes -- The Newest Tool In Agricultural Land Preservation, Randall Wayne Hanna

Florida State University Law Review

No abstract provided.

The Reasonableness Of Aesthetic Zoning In Florida: A Look Beyond The Police Power, Russell P. Schropp

Florida State University Law Review

No abstract provided.

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

Faculty Works

No abstract provided.

Ninth Circuit Upholds Nuclear Power Moratorium Provision, Kim A. Griffith

Natural Resources Journal

No abstract provided.

Reader Response, Thomas Palm

Natural Resources Journal

No abstract provided.

The New Arizona V. California: Practicably Irrigable Acreage And Economic Feasibility, H. S. Burness, R. G. Cummings, W. D. Gorman, R. R. Lansford

Natural Resources Journal

No abstract provided.