Property Law and Real Estate Commons^™

Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase

University of Richmond Law Review

No abstract provided.

Exclusionary Eminent Domain, David A. Dana

Faculty Working Papers

This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson

Law Faculty Scholarship

In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …

Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Local governments are adopting with increasing frequency local laws to facilitate low-impact development, ensure the construction of green buildings, and coordinate land use and transportation planning to lower greenhouse gas emissions. This builds on their progress over the past two decades in adopting an impressive number of local laws to protect natural resources. These include ordinances designed to protect trees, stands of timber, hillsides, viewsheds, ridgelines, stream beds, wetlands, watersheds, aquifers and water bodies, and wildlife habitat. At the same time, provisions designed to protect environmental features from the adverse impacts of development have been added to basic land use …

Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell

University of Michigan Journal of Law Reform

Local governments commonly respond to economic and social pressures on property by using their legal power to regulate land uses. These local entities enact regulations that limit property development and use to maintain attractive communities and orderly growth. This Article argues that government entities should employ their expansive land use powers to limit investor speculation in local markets by restricting the resale of residential housing for three years. Investor speculation, and the upward pressure it places on housing prices, threatens the availability of affordable housing as well as the development of stable neighborhoods. Government regulation of investor speculation mirrors existing, …

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad Emerson

ExpressO

No abstract provided.

Thou Shalt Not Zone: The Overbroad Applications And Troubling Implications Of Rluipa's Land Use Provisions, Daniel P. Lennington

Seattle University Law Review

With five years of caselaw interpreting RLUIPA and a split among the courts regarding the breadth of the statute, now is an appropriate time to examine the statute's track record and consider its future. This Article will first examine RLUIPA's background, its text, and exactly what Congress intended when it passed the statute. Next, this Article will explain how courts have split on the application of RLUIPA's land use provisions, and in some cases, made it nearly impossible to zone churches, synagogues, mosques or any other religious land uses. Finally, this Article will propose a simple solution--an amendment to RLUIPA, …

Examining The Basis For Change In Clark County Non-Conforming Zone Change Process, Was It Needed?, Maria D. Kaseko

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reviews Clark County's non-conforming zone change process from 1990 to 2002. A non-conforming zone change, sometimes known as a non-conforming zone boundary amendment is a proposed request that is not within the range of residential densities and/or non-residential intensities indicated on the applicable land use plan map, master plan, or concept plan. This research explores and examines two questions raised by the Clark County's new implementation plan, which was approved in April 2003 to amend the non-conforming zone change process. 1) Clark County assumed there was a public perception that non-conforming zone changes were being approved without regard …

Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.

Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

61 p. ; 28 cm

Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

93 p. ; 28 cm

Ordering (And Order In) The City, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the broken windows hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle …

Local Governments That Purposely Delay Land Use Projects, What Law Applies - An Analysis Of United Artists Theatre Circuit, Inc. V. Township Of Warrington And The Substantive Due Process Tests As Applied By The Third Circuit, Shari K. Gekoski

Villanova Law Review (1956 - )

No abstract provided.

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …

Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell

Seattle University Law Review

This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …

Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Faculty Publications

No abstract provided.

Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies

Michigan Law Review

What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.

The Boundaries Of Private Property, Michael A. Heller

Articles

If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.

The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir

Seattle University Law Review

This Comment first provides a brief background of the development of the public duty doctrine. Part II discusses the two major types of zoning cases: those involving negligent misstatements and those involving negligent issuance of permits or inspections. The use of the public duty doctrine in both types of cases is then analyzed under relevant Washington case law. Part III argues for the abolition of the public duty doctrine and Part IV concludes.

Property Law, W. Wade Berryhill

Law Faculty Publications

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics

Zoning Adult Establishments In New York: A Defense Of The Adult-Use Zoning Text Amendments Of 1995, James E. Berger

Fordham Urban Law Journal

This article examines New York City's first attempt to regulate adult entertainment establishments through zoning provisions. Specifically, it discusses whether the adult-use zoning provisions comply with federal and state constitutional requirements, and it examines whether the adult-use amendments would cause a reduction in adult-use establishments in New York City, which would render the amendments constitutionally suspect, and whether its inclusion of topless bars renders the amendments overbroad. The author concludes that the adult-use amendments are consistent, with both federal and state constitutional requirements, and that the adult-use amendments will survive judicial scrutiny.

An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich

Fordham Urban Law Journal

This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …