Land Use Law Commons^™

The Proposed New Mexico Criminal Code, Henry Weihofen

Natural Resources Journal

No abstract provided.

Zoning—Validity Of Conditioned Zoning Amendment, Buffalo Law Review

Buffalo Law Review

Church v. Town of Islip, 8 N.Y.2d 254, 203 N.Y.S.2d 866 (1960).

Zoning—Milk Vending Machine In Apartment House A Valid Subsidiary Use, Buffalo Law Review

Buffalo Law Review

Dellwood Dairy Co. v. New Rochelle, 7 N.Y.2d 374, 197 N.Y.S.2d 719 (1960).

Zoning—Evidence Required To Authorize A Variance, Buffalo Law Review

Buffalo Law Review

Forrest v. Evershed, 7 N.Y.2d 256, 196 N.YS.2d 958 (1959).

Right Of Way Acquisition, Damage Problem Created By The Limited Access Highway

Indiana Law Journal

No abstract provided.

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.

Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson

Michigan Law Review

In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment …

The Evolution Of British Planning Legislation, Beverley J. Pooley

Michigan Legal Studies Series

A part of the Legal Problems of Metropolitan Area Studies series by the Legislative Research Center of the University of Michigan Law School. Excerpt from the foreword by William J. Pierce, Director, Feb 2 1960:

This study, by Beverley J. Pooley, is the first in a series of monographs which will be published by the Center. It deals with the problems which have confronted British legislators and with the resultant Parlimentary enactments-- particularly in the post World War II era. This topic is necessarily broad, and therefore this monograph contains little detailed legal analysis of the various acts. Rather, the …

Eliminating The Nonconforming Use In Kentucky, Robert G. Zweigart

Kentucky Law Journal

No abstract provided.

Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple …

Real Property - Gates Across Right Of Way, Neil W. Schilke

William & Mary Law Review

No abstract provided.

Priorities: Ii, Edgar N. Durfee

Michigan Law Review

This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.

Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac

Michigan Law Review

Petitioner owned two parcels of real estate across the street from each other which were used as one "economic unit" for purposes of a trucking terminal. One parcel was improved with a terminal building from which trucks would pick up and deliver their shipments, while the other was used as a parking lot for trucks not in use. Petitioner was forced to sell the parking lot under threat of condemnation. Since it was economically unfeasible to operate his business without a nearby parking lot, petitioner subsequently sold the terminal facilities and reinvested the proceeds from the sales of both properties …

Priorities, Edgar N. Durfee

Michigan Law Review

Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …

Zoning--The Airport And The Land Surrounding It In The Jet Age, Fred F. Bradley

Kentucky Law Journal

No abstract provided.

Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer

Kentucky Law Journal

No abstract provided.

Eminent Domain--Rules Of Compensation And The Limited-Access Highway, Carl R. Clontz

Kentucky Law Journal

No abstract provided.

City Planning--Subdivision Control--What Is A Subdivision, Arthur L. Brooks Jr.

Kentucky Law Journal

No abstract provided.

Urban Renewal--Essentials Of The Federal Program, Robert E. Adams

Kentucky Law Journal

No abstract provided.

Procedure Followed By Second Class Cities In Granting Changes To The Zoning Ordinance As Exemplified By The Lexington-Fayette County Planning Commission, Charles E. English

Kentucky Law Journal

No abstract provided.

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.

Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon

Michigan Law Review

An amendatory zoning ordinance was enacted by the city council of Miami Beach for the purpose of changing the zoning of an extensive area fronting on the Atlantic Ocean from a private residential to a hotel district. The amendment received the required affirmative votes of five of the seven members of the council, including the vote of one councilman who owned land in the area affected by the amendment which would be increased in value by $500,000 because of the zoning change. Plaintiffs, owners of near-by property, filed suit in the circuit court to have the amendatory ordinance declared invalid …

Urban Planning And Municipal Public Policy, By Donald H. Webster, Daniel R. Mandelker

Indiana Law Journal

No abstract provided.

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …

Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.

Michigan Law Review

Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …

Values In Land Use Controls: Some Problems, Robert Kramer

Faculty Scholarship

No abstract provided.

Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Elimination Of Railroad Grade Crossings, John M. Heffelfinger

Cleveland State Law Review

Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …

Landowners' Rights In The Air Age: The Airport Dilemma, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer

Michigan Law Review

During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …