Property Law and Real Estate Commons^™

The Fair Housing Act, Leon D. Lazer

Touro Law Review

No abstract provided.

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Property Law: 1994 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw

Seattle University Law Review

No abstract provided.

The Growth Management Revolution In Washington: Past, Present, And Future, Richard L. Settle, Charles G. Gavigan

Seattle University Law Review

Since near misses nearly twenty years ago, comprehensive reform of Washington land use regulatory legislation has been simmering on the back burner. In 1989, the pot began to boil. Central Puget Sound area motorists fumed in "gridlock" traffic. They denounced dense, downtown development, fretted over soaring housing prices, and lamented the loss of forests, farms, and salmon-spawning streams. Thus, the growth management revolution was fomented not by the poor and downtrodden, nor by academic theorists, but by the middle-class suburban masses who sensed escalating degradation of community, environment, and quality of life. They demanded change. The revolutionary battles were fought …

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Icons And Aliens: Law, Aesthetics, And Environmental Change, Scott Schrader

Michigan Law Review

A Review of Icons and Aliens: Law, Aesthetics, and Environmental Change by John J. Costonis

Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert

Fordham Urban Law Journal

“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …

Real Property Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Over-Stuffing The Envelope: The Problems With Creative Transfer Of Development Rights, Margaret Giordano

Fordham Urban Law Journal

This note examines how not-for-profit institutions and private developers are engaging in innovative transactions pushing transferable development rights (TDRs) to new extremes. The Board of Estimate has created exceptions to its own zoning laws to benefit not-for-profits, for instance, by allowing transfer of unused development rights to previously impermissible distances. This note explores whether TDR transactions involving not-for-profit organizations have set precedents that will thwart traditional urban planning objectives. The note examines the history of TDRs and recent radical applications involving Grand Central Terminal, South Street Seaport, and Old Slip. The author ultimately balances the creative applications of TDRs with …

Property, W. Wade Berryhill

Law Faculty Publications

This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.

Antitrust Implications Of Municipal Land Use Planning, Victoria M. Mather

Faculty Articles

Congress enacted the Local Government Antitrust Act of 1984 in response to outcomes in many well-publicized cases and from widespread criticism of the state action doctrine as applied by the courts. The state action exemption as used by the courts today is riddled with analytical and practical problems. The Local Government Antitrust Act of 1984 shields municipal governments from monetary damage awards for violations of antitrust laws, but the act did not go far enough.

A few state legislatures have either considered or enacted statutes protecting municipalities from state or federal antitrust liability. However, preemption analysis is problematic because it …

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Property, W. Wade Berryhill

Law Faculty Publications

The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and …

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.

A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman

Campbell Law Review

This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Faculty Scholarship

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.

Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin

Cleveland State Law Review

The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …

Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick

Washington Law Review

After briefly noting the background of relevant Washington law, Part I of this note analyzes the SAVE court's reasoning to reveal indications of an underlying interventionism in its review of the rezone. Part II assesses the problems of such judicial intervention, first in the exclusionary zoning cases relied upon by the SAVE court for its regional welfare standard, and then in the context of zoning actions with the kind of extralocal environmental impacts presented by SAVE. Finally, arguments favoring increased judicial intervention are presented. The note concludes that there are both practical and doctrinal justifications for heightened judicial scrutiny of …

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst

Washington Law Review

This note examines four aspects of rezoning decisions addressed by the Parkridge court: the policy basis upon which rezoning actions may legitimately be grounded; the quantum of evidence necessary to support a rezoning decision;" the allocation of the burden of proof in rezoning actions; and the presumption of validity, if any, accorded local rezoning decisions.

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

West Virginia Law Review

No abstract provided.

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

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 …

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

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.