Land Use Law Commons^™

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.

The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley

West Virginia Law Review

No abstract provided.

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …

Conservation, Lifeline Rates And Public Utility Regulatory Commissions, James Jr. Noble

Natural Resources Journal

No abstract provided.

Environmental Considerations In Federal Oil And Gas Leasing On Outer Continental Shelf, Howard Thomas

Natural Resources Journal

No abstract provided.

Reserved Water Rights And Our National Forests, Heidi Topp Brooks

Natural Resources Journal

No abstract provided.

Important Victory Won For Historic Preservation, Alexandra Zavelle Levine

Natural Resources Journal

No abstract provided.

The Forest Service, Nepa, And Clear Cutting, Andrea L. Smith

Natural Resources Journal

No abstract provided.

Coastal States Have Control Of Coastal Resources, Christopher G. Lackmann

Natural Resources Journal

No abstract provided.

Everything In Its Place: Social Order And Land Use In America, Michigan Law Review

Michigan Law Review

A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin

Mobile Homes: A Partial Solution To West Virginia's Housing Problems, Vicki Obenchain Tucker

West Virginia Law Review

No abstract provided.

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

Kentucky Law Survey: Zoning, Robin Griffin, Frank Becker

Kentucky Law Journal

No abstract provided.

Zoning Control Of Abortion Clinics, Jan Ryan Novak

Cleveland State Law Review

This note will address some of the issues involved when communities propose to use the zoning power to limit the exercise of the constitutionally protected abortion decision, focusing on abortion clinic regulations in Cleveland, Ohio, and comparing them to ordinances in three other cities.

Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros

Cleveland State Law Review

Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …

Freight Rates May Discriminate Against Recycled Materials, Martin D. Porter

Natural Resources Journal

No abstract provided.

The Maine Coast : Issues Considered, Maine Coastal Program

Maine Collection

The Maine Coast : Issues Considered - A Report to the Governor by his Advisory Committee on Coastal Development and Conservation

Maine Coastal Program, Maine State Planning Office

Augusta, Maine (31 October 1978)

Contents: Introduction / Summary of Committee Recommendations / Fisheries / Port Development / Heavy Industry Siting / Travel and Tourism / Cumulative Impact of Development / Natural Resource Information Transfer

Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones

Natural Resources Journal

No abstract provided.

Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman

Natural Resources Journal

No abstract provided.

Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee

Natural Resources Journal

No abstract provided.

Emission Standards - Quantification And Liability, Sigrid Olson

Natural Resources Journal

No abstract provided.

New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor

Natural Resources Journal

No abstract provided.

Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson

Natural Resources Journal

No abstract provided.

Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers

Natural Resources Journal

No abstract provided.

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …

Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain

Faculty Articles and Other Publications

Traditional land use law categorizes governmental activities that affect the value of private property as exercises of either the state's police power or eminent domain power. This dichotomy has created what Professor John J. Costonis describes as the "disparity issue": if in a legitimate exercise of its police power a state reduces the value of land, no compensation is required; if the governmental action devalues land too much, however, it is deemed a taking within the eminent domain power and full compensation according to the land's "highest and best use" is required. Often, this compensation exceeds the land's present value. …

Land Use Controls In Iowa, Joseph P. Tomain

Faculty Articles and Other Publications

Land use controls in Iowa, as in other states, exist in a variety of forms. Both the substance and structure of these controls continually change to meet the needs of a developing society. Recent and rapid technological growth, together with the spread of population, indicate that there is a growing interdependence between land use and land users. As a result of this interdependence and the complex nature of our technological and economic environment, the number of governmental regulations is increasing rapidly. This Article will focus on the two predominant governmental controls utilized in Iowa-zoning and planning. Next, the Article will …

Building Restrictions - Contracts Or Servitudes, 11 J. Marshall J. Of Prac. & Proc. 465 (1978), Robert Kratovil

UIC Law Review

No abstract provided.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.

Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann

Cleveland State Law Review

This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.