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A Legal Map Of New Local Parkland, Daniel B. Rosenbaum 2022 Marquette University Law School

A Legal Map Of New Local Parkland, Daniel B. Rosenbaum

Marquette Law Review

Public parks play consequential roles in local communities. Parks can raise property values, encourage or inhibit sprawl, and promote health, safety, and social cohesion. The decision to create a park affects development in the surrounding area and dictates which residents can easily access the property’s new amenities—and which residents cannot.

Yet, public stakeholders are given few signposts in making and monitoring public park acquisitions. Data on new parkland is scarce; moreover, the legal framework undergirding the process is poorly understood and rarely explored, particularly at the local government level. Although local governments are America’s leading stewards and ...


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Construction Liens And The "Secret Lien" Problem, Dale Whitman 2022 University of Arkansas, Fayetteville

Construction Liens And The "Secret Lien" Problem, Dale Whitman

Arkansas Law Review

Perhaps the most essential element of a modern scheme of land ownership is a system of records that will allow an owner to show to the world, and particularly to intended transferees, that she or he owns the land in question. It is almost equally important that an owner be able to create a lien or charge on land, putting it up as security for an obligation or debt while retaining possession. And as a concomitant principle, it is critical that an intended transferee be able to detect, in a reliable system of records, whether the land has already been ...


Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green 2022 Elizabeth Haub School of Law

Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green

Arkansas Law Review

In this Article, I recount some of the history of unwise and improvident land use policy and practices that have led to gross inequities and to the climate-exposed state, not only in terms of where people were assigned spaces to live, but how. I go on to suggest that communities should be designed with intent, with regard for the threats of climate change as well as accessibility to those historically excluded.


Construction Law: The English Route To Modern Construction Law, Vivian Ramsey 2022 King's College, London

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has ...


A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote 2022 University of Minnesota Law School

A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote

Minnesota Journal of Law, Science & Technology

No abstract provided.


The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes 2022 University of Minnesota Law School

The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes

Minnesota Journal of Law, Science & Technology

No abstract provided.


Afterword - It Has Been A Good Ride, Julian Conrad Juergensmeyer, James Nicholas 2022 Georgia State University College of Law

Afterword - It Has Been A Good Ride, Julian Conrad Juergensmeyer, James Nicholas

Journal of Comparative Urban Law and Policy

No abstract provided.


Beyond Brownfields Redevelopment: A Policy Framework For Regional Land Recycling Planning, Joseph Schilling 2022 Georgia State University College of Law

Beyond Brownfields Redevelopment: A Policy Framework For Regional Land Recycling Planning, Joseph Schilling

Journal of Comparative Urban Law and Policy

The fields of urban policy and urban planning lack a cohesive and comprehensive framework for recycling vacant and abandoned properties. Past and present efforts to repurpose vacant land and abandoned properties were often narrow responses driven primarily by economic redevelopment policies such as urban renewal of the 1950s & 1960s, deindustrialization of the 1970s & 1980s, and the public-private partnerships featured during the 1990s & 2000s. The 2008-2015 mortgage foreclosure crisis and Great Recession put the policy spotlight on how to address the widespread impacts from thousands of vacant and/or foreclosed homes that affected diverse markets and communities across the country. Even today, dozens of communities, especially those older industrial legacy cities, still have neighborhoods and districts with hundreds, even thousands of vacant homes. The COVID-19 Pandemic now presents policymakers with another socio-economic crisis that will dramatically impact our communities and its built environment. As communities begin the slow recovery process, they may confront waves of housing instability and business disruptions that could trigger significant increases in vacant homes and abandoned properties. This article outlines the core policy and program foundations for reclaiming vacant properties and abandoned buildings; identifies the policy and program innovations that can scale brownfields redevelopment to address challenges around equity, sustainability, and resilience; and provides a framework for a collaborative, cross agency, cross sector policy and planning framework that can address contemporary and future land recycling crises.


Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson 2022 University of Arizona

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based ...


The Evolution Of Fiscal Impact Analysis And Where It Needs To Go, L. Carson Bise, Colin McAweeney 2022 TischlerBise

The Evolution Of Fiscal Impact Analysis And Where It Needs To Go, L. Carson Bise, Colin Mcaweeney

Journal of Comparative Urban Law and Policy

Communities need analytical tools and technical support to assess and balance multiple priorities when making land use and development decisions. For many communities, priorities to be considered regarding land use decisions include resource conservation and climate adaptation, economic development, investing in new versus existing communities, and maintaining fiscal responsibility. This article examines the historical use of fiscal impact analysis and some thoughts on where the field should go in the future.


Advances In Planning Analysis And Engagement, Arthur C. Nelson 2022 University of Arizona

Advances In Planning Analysis And Engagement, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

No abstract provided.


Adventures In Land Use Dispute Resolution: Utah's Innovative Program To Provide "Free" Legal Advice To Local Government, Neighbors, And Property Owners, Craig Call 2022 Georgia State University College of Law

Adventures In Land Use Dispute Resolution: Utah's Innovative Program To Provide "Free" Legal Advice To Local Government, Neighbors, And Property Owners, Craig Call

Journal of Comparative Urban Law and Policy

Utah may have the nation’s most robust process allowing citizens to question local government land use decisions. This exists in the Office of the Property Rights Ombudsman (OPRO), created in 1997 and charged to assist in land use disputes in 2006. In three parts, this article divides an overview of the history of that office into two eras, evaluates one of the key functions of the current era—the preparation of advisory opinions (AOs), and suggests that Utah’s OPRO is a useful model for other states to consider. Most of this article focuses on the debates leading to ...


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