Land Use Law Commons^™

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …

Condemnation Blight And The Abutting Landowner, Michigan Law Review

Michigan Law Review

This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.

Minute No. 242 - Permanent And Definitive Solution To The International Problem Of The Salinity Of The Colorado River, International Boundary And Water Commission

Natural Resources Journal

No abstract provided.

Urban Planning In The 1960'S: A Design For Irrelevancy. By Marshall Kaplan. New York: Praeger Publishers. 1973. Pp. Xii, 132. $14.00., Henie Lustgarten

Fordham Urban Law Journal

This book is a collection of published and unpublished articles written by the author during the 1960s which deal with both the body of knowledge of urban planning and the channels through which it is presumably implemented. Outstanding among the several themes which emerge from these essays is the inescapable need to examine and evaluate the function of cities and the role of city planners. Kaplan couches his discussions in terms of the past and present foci of the planning field, newer community roles for planners, and his own suggestions concerning policies and programs.

Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson

Fordham Urban Law Journal

New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …

Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach, Jane A. Gale

Fordham Urban Law Journal

There is no particular policy reason why the same line should be used for both the upland boundary of the jus publicum and the seaward boundary of parcels bounded "by the sea." In interpreting the language used in grants of private interests, the ostensible object of the inquiry is to ascertain the parties (particularly the grantor's) intent. Subject only to limitations on the grantor's estate or power to convey, it is that intention which controls the extent of his transfer. On the other hand, in setting the upland boundaries of lands subject to the jus publicum, the courts are essentially …

Challenging Exclusionary Zoning: Contrasting Recent Federal And State Court Approaches, James C. Quinn

Fordham Urban Law Journal

The zoning power, though based on the police power of the states, has traditionally been granted to local communities through various state enabling statutes. These enabling statutes permit local enactment of zoning ordinances only to the extent that they bear a substantial relation to the "health, safety, morals, or general welfare" of the community. With the migration of middle-class city dwellers to thc suburbs after World War II, zoning has become more than a means of maintaining the proper mix of land-use patterns in a community. Rather, in fear of overly rapid development and irreversible alteration of their community character, …

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …

Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler

Cleveland State Law Review

While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …

The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern

Buffalo Law Review

No abstract provided.

The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher

Faculty Works

No abstract provided.

Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry

University of Michigan Journal of Law Reform

This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.

Comment On Warth V. Seldin, Terrance Sandalow

Articles

Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …

Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.

Comprehensive Land Use Plans And The Consistency Requirement, Kenneth Hart

Florida State University Law Review

No abstract provided.

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.

Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Comprehensive Development Planning In England: Historical Experience And Some Comparisons With Florida's Proposed Legislation, Eric Barendt

Florida State University Law Review

No abstract provided.

The Private Use Of Public Power: The Private University And The Power Of Eminent Domain, Charles Fels, N. T. Adams, Richard Carmody, Margaret E. Clark, Randolph H. Lanier, James C. Smith, Robert M. White

Vanderbilt Law Review

The study which follows attempts to trace, in a necessarily limited fashion, the evolving use of eminent domain on behalf of private interest groups throughout the last century and a half of American legal history. Part One of the study traces the broadening scope of eminent domain in the United States during the 19th and 20th centuries, focusing on the direct use of eminent domain by private interest groups as a key element in the increasing breadth of the power. Part Two delineates the process whereby one modern private interest group-an informal aggregation of American colleges and universities-succeeded in acquiring …

The Soviet-U.S. Environmental Protection Agreement, Weldon L. Merritt

Natural Resources Journal

No abstract provided.

Philadelphia's Urban Homesteading Ordinance: A Poor Beginning Toward Reoccupying The Urban Ghost Town, Shelly Scott Friedman

Buffalo Law Review

No abstract provided.

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

The Illinois Land Trust - Shroud With A Silver Lining?, Michael R. Lewis

Loyola University Chicago Law Journal

No abstract provided.

Transferable Development Rights As A Basis For Land Use Control, Donald M. Carmichael

Florida State University Law Review

No abstract provided.

Constitutional Law - Zoning - Local Zoning Ordinance Excluding More Than Two Unrelated Persons From Occupancy Of Single Family Homes Held Not Violative Of Fourteenth Amendment Equal Protection Or Due Process Of Law, James J. Rohn

Villanova Law Review (1956 - )

No abstract provided.

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Timing And Sequential Controls--The Essential Basis For Effective Regional Planning: An Analysis Of The New Directions For Land Use Control In The Minneapolis-St. Paul Metropolitan Region, Robert H. Freilich, John W. Ragsdale Jr

Faculty Works

No abstract provided.

The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii

Villanova Law Review (1956 - )

No abstract provided.

A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson

Villanova Law Review (1956 - )

No abstract provided.