Land Use Law Commons^™

Politics Of Land Use : The Lengthy Saga Of Senate Bill 100, Kathleen Joan Zachary

Dissertations and Theses

Theoretical literature on the politics of land use is so limited that original research into the problem was required. The drafting and enactment of Senate Bill 100 by the Fifty-seventh Session of the Oregon Legislature provided the basis for researching my premise of need equals want. The bill designated state land use planning organizational structure.

The Land Use Policy Committee minutes and Legislative minutes were merged with information attained through personal interviews from a variety of participants in the drafting of the Senate Bill 100. Theoretical literature was equally available in Public Administration, Law and Land Use Planning. The Constitutions …

Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams

Journal Publications

This volume presents a series of papers delivered in 1975 at a conference entitled "The Taking Issue: An Economic Analysis." It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as "Planning Without Prices." Several distinguished commentators, both legal and economic, comment on Johnson's position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis.

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear

Natural Resources Journal

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer

Faculty Scholarship

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro

Buffalo Law Review

No abstract provided.

Land Use Regulation For Aesthetic Purposes

William & Mary Environmental Law and Policy Review

No abstract provided.

Supreme Court Okays Restrictions On Commuter Parking

William & Mary Environmental Law and Policy Review

No abstract provided.

State Control Of Low Level Nuclear Wate Disposal, Myra Clark Lynch

Natural Resources Journal

No abstract provided.

Pendergrast V. Aiken: The Resolution Of Surface Water Drainage Problems, Edwin M. Braswell

North Carolina Central Law Review

No abstract provided.

Pre-Emption And The Commerce Clause Revisited: The 1975 Washington Tanker Law, Stephen D. Dillon

Natural Resources Journal

No abstract provided.

Virginia Subdivision Law: An Unreasonable Burden On The Unwary

Washington and Lee Law Review

No abstract provided.

Florida East Coast Railway V. City Of Miami, 321 So. 2d 545 (Fla. 1975), Craig B. Willis

Florida State University Law Review

Eminent Domain- PRIOR PUBLIC USE DOCTRINE: NEW JUDICIAL CRITERIA.

Federal Water Pollution Control Act Amendments Of 1972, Scott A. Taylor, Susan Wayland

Natural Resources Journal

No abstract provided.

Delegation Of Legislative Authority On The State Level: Environmental Protection In New Mexico: Public Service Co. Of New Mexico Et Al. V. New Mexico Environmental Improvement Board, S. Bert Atkins

Natural Resources Journal

No abstract provided.

Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers

Indiana Law Journal

No abstract provided.

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

An Easterner's Perspective On Colorado Land Use Issues, E. F. Roberts

Cornell Law Faculty Publications

Land use planning all too easily can escalate into an Aristophanic cloud-cuckoo-land inhabited by two strange breeds. First, there is a species of lawyers whose verbal agility tends to divert attention away from the real issues at hand. Second, there are the cartographers whose urge to produce maps can actually have a chilling effect on efforts to plan because these maps are perceived as attempts by “the authorities” to corral the public into zones fashioned in the manner of a Rorschach test. An effort will be made here to steer a course between these extremes and to deal with planning …

Subdivision Exactions And Access To Public Beaches

William & Mary Environmental Law and Policy Review

No abstract provided.

Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer

Washington Law Review

It is our purpose to suggest that a land use policy which is socially equitable and environmentally sensitive is not resolved simply by labelling land as a "resource" rather than a "commodity." Instead, we propose to examine the special status land has enjoyed for many centuries, and which distinguishes it from other commodities, and to suggest that land transactions and land use should at last be scrutinized in a manner not unlike the treatment extended to a multitude of other commodities no more "affected with a public interest" than is land.

The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor

University of Michigan Journal of Law Reform

This article will assess the constitutionality of zoning to promote noise-compatible development and the problems of establishing an institutional framework for such land use management. Particular attention will be paid to the location of authority to administer a noise-compatibility program and to procedures for enforcing the program's goals.

Requiring Preservation And Maintenance Of Historical District Is Within Zoning Power, Stephen Roger Kane

Mercer Law Review

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Regulating Location Of 'Adult Theaters' On Basis Of Film Content Is Constitutional, Alan Parker Layne

Mercer Law Review

In Young v. American Mini Theaters, the U.S. Supreme Court, in a 5- 4 decision, upheld a Detroit zoning ordinance that regulated the location of theaters exhibiting adult films. The Court rejected due-process and equal-protection arguments and concluded that First-Amendment principles were not offended even though the classification was based upon the content of the films.

On November 2, 1972, Detroit amended an "Anti Skid Row" ordinance enacted approximately ten years earlier.2 The 1972 amendment prohibited the location of "adult theaters" within 1,000 feet of any two other regulated uses.' Theaters exhibiting material that was "distinguished or characterized by …

Contractors & Builders Association V. City Of Dunedin, 329 So. 2d 314 (Fla. 1976), Pamela Hotine Espenshade

Florida State University Law Review

Local Government - CONCEPT OF IMPACT FEES UPHELD BUT RESTRICTIONS IMPOSED ON SCOPE OF THE FEE AND USE OF FUNDS.

Commonwealth V. Stephens: The Taking Doctrine At Work In Environmental Land Use Planning, Howell Hopson

Kentucky Law Journal

No abstract provided.

Clean Air Act Amendments Of 1970 - Technological And Economic Infeasibility, Scott A. Taylor

Natural Resources Journal

No abstract provided.

Federal Water Pollution Control Act - Technological And Economic Feasibility, Susan Wayland

Natural Resources Journal

No abstract provided.

Land Use - Goffinet V. County Of Christian: New Flexibility In Illinois Zoning Law, Mark G. Henning

Loyola University Chicago Law Journal

No abstract provided.