Land Use Law Commons^™

Energy In The Ecopolis, Sara C. Bronin

Cornell Law Faculty Publications

Climate change, resource scarcity, and environmental degradation demand a paradigm shift in urban development. Currently, too many of our cities exacerbate these problems: they pollute, consume, and process resources in ways that negatively impact our natural world. Cities of the future must make nature their model, instituting circular metabolic processes that mimic, embrace, and enhance nature. In other words, a city must be a regenerative city or, as some say, an “ecopolis.” So, how to get there—to ecopolis—from here? In this Comment, I propose a partial answer by focusing on certain legal frameworks that must be reenvisioned to enable the …

Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland

Professional Agricultural Workers Journal

Abstract

African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards …

Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez

Seattle Journal of Environmental Law

No abstract provided.

Can Sharks Be Saved? A Global Plan Of Action For Shark Conservation In The Regime Of The Convention On Migratory Species, James Kraska, Leo Chan Gaskins

Seattle Journal of Environmental Law

Shark populations throughout the world are at grave risk; some spe-cies have declined by 95 percent. The most recent IUCN (Interna-tional Union for the Conservation of Nature) assessment by the Shark Specialist Group (SSG) found that one-fourth of shark and ray spe-cies face the prospect of extinction. This article proposes an engage-ment plan to accelerate efforts by states and international organiza-tions to conserve and protect sharks worldwide. Sharks are found throughout all of the world’s oceans, and collec-tively they occupy an indispensable niche as apex predators at the top of the ocean trophic ecosystem. These fish function as an im-portant …

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Michigan Journal of Environmental & Administrative Law

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …

Eliminating Landlord Retaliation In England And Wales—Lessons From The United States, Melissa T. Lonegrass

Louisiana Law Review

The article focuses on the anti-retaliation legislation in England and Wales for eliminating of landlord system in the country. Topics discussed include implementation of strategies aimed at prohibiting retaliatory eviction in England and Wales, prohibition of landlord retaliation in the U.S. such as Uniform Residential Landlord and Tenant Act (URLTA) for the protection of tenants, and reporting of tenant eviction.

Placing Land Into Trust In Alaska: Issues And Opportunities, Geoffrey D. Strommer, Stephen D. Osborne, Craig A. Jacobson

American Indian Law Journal

No abstract provided.

Yes To Infill, No To Nuisance, Michael Lewyn

Scholarly Works

This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.

From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll

William & Mary Environmental Law and Policy Review

No abstract provided.

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

Perspectives - Cannon Design’S Open Hand Studio, James Hagy, Sahar Nikanjam

Rooftops Project

Not only can architects create great space, they can also inspire better connections between the built environment and the social sector. John Syvertsen, Chris Lambert, and Ashley Marsh talk with Sahar Nikanjam and Professor James Hagy of The Rooftops Project about their work with not-for-profit organizations through architectural firm Cannon Design’s Open Hand Studio initiative.

Professor Gerald Korngold On Conservation Easements, James Hagy, Katherine Disalvo, Naveed Fazal

Rooftops Project

The Rooftops Project’s Katherine DiSalvo and Naveed Fazal talk with New York Law School Professor and conservation easement scholar, Gerald Korngold.

Profiles - The Rubin Museum Of Art, James Hagy, Payal Thakkar

Rooftops Project

For over two centuries, New York City’s arts and culture have been enhanced by visionary founders of museums designed to house collections the founders themselves treasured. That tradition continues with the installation of a remarkable collection in the equally remarkable transformation of a former clothing store. The Rooftops Project’s Payal Thakkar and Professor James Hagy visit with Patrick Sears, Executive Director of The Rubin Museum of Art in New York City.

Profile - Human Rights Watch, James Hagy, Mehgan Gallagher

Rooftops Project

Rooftops Project Profile - Human Rights Watch - Every day, not-for-profit organizations face “stay or move” choices when they approach the end of their leases. Making predictions about space, and making space work, can be challenging. How did one such organization assess its choices as a tenant in one of the most iconic buildings in Manhattan? The Rooftops Project’s Mehgan Gallagher speaks with David Bragg at Human Rights Watch.

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

Faculty Publications By Year

This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Faculty Publications By Year

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

Cause For Rebellion? Examining How Federal Land Management Agencies & Local Governments Collaborate On Land Use Planning, Michelle Bryan

Faculty Law Review Articles

This Article examines how well federal agencies and local governments are collaborating in land use planning, with a particular focus on the West.26 Part I provides a brief overview of local government planning as well as the overarching National Environmental Policy Act (“NEPA”)27 requirements that apply to federal planning. Part II offers a comparative summary of the varied planning approaches across federal agencies, with a particular focus on the role that local governments can play in agency planning.28 Based on case studies and interviews with federal and local officials, Part III then recommends how to improve federal-local planning efforts so …

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.