Land Use Law Commons^™

The Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen

Articles by Maurer Faculty

In the past twenty-four years, Minnesota and forty-two other states in an effort to ease the growing burden on public parks and campgrounds have enacted recreational use statutes to encourage private landowners to open their land to the public for recreational use. As incentive, the statutes offer the landowners a limited form of tort immunity if they gratuitously allow entry for recreational use. Despite their simplicity, the possible ramifications of the statutes in the area of premises liability law are far-reaching. This Note analyzes the Minnesota recreational use statute and suggests a theoretical framework for its interpretation.

An Examination Of Some Of The Recent Amendments To The Ontario Landlord And Tenant Act, Morley Gorsky

Dalhousie Law Journal

Ontario's was the first Canadian legislature to attempt to overcome certain anomalies in the law applicable to residential tenancies.' The effect of many of the Act's provisions remained uncertain until authoritative court decisions were rendered. Would the courts view the Act as intending to overcome the traditional orientation of landlord and tenant law towards land law doctrine? Sufficient time has now passed for many of the most important provisions of the Act to have been adjudicated upon by the superior courts, and it would be safe to say that the Act usually has been given a liberal interpretation. Many of …

Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter

Dalhousie Law Journal

The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the …

Special Tax Assessments For Agricultural And Open-Space Land: The Virginia Statute

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia Zoning Review And Due Process

William & Mary Environmental Law and Policy Review

No abstract provided.

The Higher Consciousness Of Plans And Planners: Lessons From Israel And Nepa, Rachel Alterman, John W. Ragsdale Jr

Faculty Works

In the United States and in much of the Western world, private economic initiative and private property are accorded sufficient pro­tection-either constitutionally or statutorily-to hamper the effi­cacy of public planning and implementation. Political fragmenta­tion in metropolitan areas, extensive private land holdings, and constitutional entitlement to a reasonable economic return from regulated land insures that, in the United States, both land use plans and the regulations implementing them will be incompletely realized.

Beleaguered Western planners, then, weary from ongoing battles with neighboring, egocentric communities and legions of specula­ tors, developers and profiteers, might be expected to look with envy at the …

Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review

Michigan Law Review

This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …

The Iceberg Cometh: International Law Relating To Antarctic Iceberg Exploitation, Thomas R. Lundquist

Natural Resources Journal

No abstract provided.

Controlled Growth Zoning: Confronting The Inevitable, C. Davis Hendricks

Kentucky Law Journal

No abstract provided.

The Future Of Excess Navy Lands: A Case Study Of The Quonset Point-Davisville, Rhode Island Coastal Fringe, Thomas E. Bigford

Marine Affairs Theses and Major Papers

With spiraling costs in government, the American taxpayer and the Office of Management and Budget have encountered continuing problems in spending. One outcome of such economic hardships, emphasized in this period of peacetime, has been significant budgetary cutbacks in the Department of Defense. Translated through the political heirarchy, these cuts eventually resulted in the closing of many military bases. Regardless of the geographical location, each excessed base posed problems to the respective area and state. Problems arose concerning immediate socio-economic hardships in the region, changes in ownership of the land, and most obviously, future uses of the property.This subject is …

Environment, Natural Resources And Land Use, J. William Futrell

Mercer Law Review

During the survey period, both the courts and the legislature moved to resolve basic uncertainties as to the validity of land use, natural resource, and environmental protection laws and regulations. In Barrett v. Hamby, the court clarified the relationship between the taking clause and police power regulation and moved to a position closer to the mainstream of American law. The General Assembly sought to resolve any doubts as to the State's ability to legislate in the land use and natural resource protection field by adding language to the proposed editorial revision of the state constitution which specifically bases future …

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Private Land Banking

William & Mary Environmental Law and Policy Review

No abstract provided.

Recent Cases In Zoning

William & Mary Environmental Law and Policy Review

No abstract provided.

New Mexico's National Forests And The Implied Reservation Doctrine, Richard A. Marquez

Natural Resources Journal

No abstract provided.

Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Some Aspects Of Title By Registration In The Maritime Provinces Of Canada, Robert Stein

Dalhousie Law Journal

The Maritime Provinces of Canada are engaged in a complete restructuring of the present conveyancing system by the implementation of a comprehensive land management system with centralized availability of information on titles and land use. It is the hope of the proponents of the program' that it will result in a uniform and simple system to replace the present antiquated land registration procedure which, apart from the "conveyancing" problems caused by its lack of certainty, is seen by the proponents as a major barrier to effective management and control of land use.

Social Planning In Halifax-Dartmouth: Fact Or Fiction?, Timothy T. Daley

Dalhousie Law Journal

Social planning is a by-product of the recent trend toward comprehensive community development planning. It is still in its formative stages and is therefore experiencing the growing pains characteristic of most new planning processes, including poor coordination, distrust and misunderstanding. Added to these difficulties is a second deterrent to proper social planning, namely, an increasing demand to react quickly to problems and make decisions without waiting for input from planners.

A Select Bibliography On The Legal Status Of The Gulf Of California, Alberto Szekely

Natural Resources Journal

No abstract provided.

Zoning--Modification Of Zoning Ordinance Use Restrictions, John Preston Bailey

West Virginia Law Review

No abstract provided.

Recent Cases, David G. Russell, Thomas J. Hartland Jr.

Vanderbilt Law Review

David G. Russell -- Private Nuisance--Urban Redevelopment

Outside the realm of eminent domain and zoning, the law of private nuisance provides judicial response to problems of conflicting land uses. As the private landowner's legal weapon for eliminating a use incompatible in the neighborhood, private nuisance law affords an effective remedy because the unreasonable, nonconforming use can be enjoined or its perpetrator subjected to liability for damages. Nevertheless, indiscriminate application of existing doctrine might jeopardize fair and efficient resolution of problems of land use control. Considered in the light of equity and economics, a recent New York decision reveals the need …

Upzoning, Public Policy, And Fairness - A Study And Proposal, Richard W. Bartke, John S. Lamb

William & Mary Law Review

No abstract provided.

The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker

Michigan Law Review

This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.

Updating Eminent Domain For Environmental Control, Karl Jeffery Reynolds

Florida State University Law Review

No abstract provided.

City Of Coral Gables V. Wood, 305 So. 2d 261 (Fla. 3d Dist. Ct. App. 1974), Richard Bryce Hadlow

Florida State University Law Review

Zoning Ordinance-ENHANCEMENT OF AESTHETIC VALUES ALONE NOT SUFFICIENT BASIS FOR EXERCISE OF POLICE POWER IN FLORIDA.

Protecting The Appalachian Trail In Maine, University Of Maine At Portland - Gorham

Maine Collection

Protecting the Appalachian Trail In Maine

A Handbook Compiled by the Allagash Environmental Institute, Center for Research & Advanced Study, University of Maine Portland - Gorham, 1976.

Directed & edited by Patricia Solotaire.

Contents: The Project Itself / The History of Trail Agreements in Maine / The Landowner's Duty to Hikers and Campers / History and Description of the Statutory Protection of the Appalachian Trail / An Overview of Tax Considerations / Land Protection Devices / Using the Information / Bibliography / Footnotes / Appendices

The Legislature's Role In The Taking Issue, Mitchell B. Haigler, Mary M. Mcinerny, Robert M. Rhodes

Florida State University Law Review

No abstract provided.

Standing To Sue Under The Model Land Development Code, Richard L. Epling

University of Michigan Journal of Law Reform

The Model Land Development Code was promulgated by the American Law Institute as the paradigm for state legislatures to follow when enacting land use laws for the future. The Code is not intended to create uniformity among state laws. Instead, states may use the articles of the Code as models in drafting legislation that is more specifically suited to their needs. Article Nine, which states rules of standing to participate in land use disputes, poses a potential obstacle to would-be public interest litigants. This note will explore the effect of Article Nine on citizen plaintiffs and demonstrate how its ambiguous …

Federal Statutes And Regulation, Madeline H. Lamb

Villanova Law Review (1956 - )

No abstract provided.