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Articles 4711 - 4740 of 5267
Full-Text Articles in Land Use Law
Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack
Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack
Scholarly Works
Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …
Impact Fees: An Answer To Local Governments' Funding Dilemma, Julian Conrad Juergensmeyer, Robert Mason Blake
Impact Fees: An Answer To Local Governments' Funding Dilemma, Julian Conrad Juergensmeyer, Robert Mason Blake
Florida State University Law Review
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Clouded Titles In Community Property States: New Mexico Takes A New Step, Terrence R. Kamm
Clouded Titles In Community Property States: New Mexico Takes A New Step, Terrence R. Kamm
Natural Resources Journal
No abstract provided.
Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey
Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey
Natural Resources Journal
No abstract provided.
Supreme Court Clarifies Water Act Requirement, Mary Ramczyk Higgins
Supreme Court Clarifies Water Act Requirement, Mary Ramczyk Higgins
Natural Resources Journal
No abstract provided.
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Washington Law Review
After setting forth a brief history of public land withdrawals, this comment analyzes the current statutory public land withdrawal scheme as expressed in the Federal Land Policy and Management Act of 1976 (FLPMA) and identifies the various policies underlying FLPMA. Next, an examination of the Antiquities Act's legislative history, judicial interpretation, and use will show that the intended scope of the Act is quite different from both its actual application by Presidents and its interpretation by courts. Evaluating the Act in light of the land withdrawal policies expressed in FLPMA, this comment will conclude that use of the Antiquities Act …
Recent Developments In Missouri: Civil Procedure - Extraordinary Remedies, Jeffrey B. Berman
Recent Developments In Missouri: Civil Procedure - Extraordinary Remedies, Jeffrey B. Berman
Faculty Works
New Missouri Supreme Court rules governing the procedure to be followed to obtain the extraordinary remedies of mandamus, prohibition, quo warranto and injunction became effective January 1, 1981. As a result of these new rules, prior practice and procedure with respect to these remedies have been modified substantially. This article will discuss the nature and purpose of each of these extraordinary remedies, describe the procedure to be foil owed under them and note the changes that have been made.
Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann
Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann
Natural Resources Journal
No abstract provided.
Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier
Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier
Natural Resources Journal
No abstract provided.
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Faculty Articles and Other Publications
The traditional dichotomy between governmental regulation and takings law no longer represents a viable means of accomplishing present day societal or individual goals with respect to land use. This author believes that a system can be created that considers both the interests of the government and the individual, attempting to reach an equitable and practical result with respect to each. This article explores the potential use of an alternative compensation system relating to governmental activity in the field of land use-a system based not upon the highest and best use principle, but rather upon the use of compensable regulations. The …
The Self-Inflicted Hardship Rule In Pennsylvania Variance Law, Richard Gutekunst
The Self-Inflicted Hardship Rule In Pennsylvania Variance Law, Richard Gutekunst
Villanova Law Review (1956 - )
No abstract provided.
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness
Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness
Natural Resources Journal
No abstract provided.
Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock
Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock
Natural Resources Journal
No abstract provided.
The Impact Of Act 249 Of 1978 Upon The Casey Pending Ordinance Doctrine In Pennsylvania Exclusionary Zoning Litigation, John M. Hyson
The Impact Of Act 249 Of 1978 Upon The Casey Pending Ordinance Doctrine In Pennsylvania Exclusionary Zoning Litigation, John M. Hyson
Villanova Law Review (1956 - )
No abstract provided.
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Faculty Scholarship
No abstract provided.
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
West Virginia Law Review
No abstract provided.
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Vanderbilt Law Review
In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.
Burden Of Proof In Land Use Regulation: A Unified Approach And Application In Florida, Carl J. Peckinpaugh, Jr.
Burden Of Proof In Land Use Regulation: A Unified Approach And Application In Florida, Carl J. Peckinpaugh, Jr.
Florida State University Law Review
No abstract provided.
Superfund Proposed To Clean Up Hazardous Waste Disasters, Carol Leutner Anderson
Superfund Proposed To Clean Up Hazardous Waste Disasters, Carol Leutner Anderson
Natural Resources Journal
No abstract provided.
A Practitioner's Guide To The Federal Color Of Title Act, M. H. Schwarz
A Practitioner's Guide To The Federal Color Of Title Act, M. H. Schwarz
Natural Resources Journal
No abstract provided.
The Forest Hills New Community Planned Unit Development, Conrad James Enman
The Forest Hills New Community Planned Unit Development, Conrad James Enman
Dalhousie Law Journal
This article is about the Forest Hills new community development of the Nova Scotia Housing Commission. In examining this development, it is intended to explain its significance in the context of planning in general, community planning in particular, and planned unit development specifically. But first, some background seems appropriate. There exists a definition of "planning" as simply the thinking that precedes action.1 If this broad view is accepted, then virtually all human activity constitutes planning, right down to such insignificant decisions as which sock to put on first when dressing. So stated, planning is a process which has been going …
The New Frontier, E. F. Roberts
The New Frontier, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
West Virginia Law Review
No abstract provided.
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
West Virginia Law Review
No abstract provided.