Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy,
2013
New York Law School
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
The Increasing Privatization Of Environmental Permitting,
2013
University of Miami School of Law
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Journal Articles
This article examines the increasing privatization of environmental law by taking a close look at mitigation measures in permitting programs. As mitigation has become an increasingly important element of permitting programs, permitting agencies have looked for outside organizations to help design, monitor, and enforce the mitigation projects. Thus, compensatory mitigation projects provide a good lens for examining the role of private organizations in environmental law. There are good reasons for drawing on the power of private organizations. They can provide flexibility and expertise as well as increased capacity. However, concerns regarding democracy and accountability arise when government agencies hand off …
What Exactly Are Exactions?,
2013
University of Miami School of Law
What Exactly Are Exactions?, Jessica Owley, Stephen J. Tulowiecki
Journal Articles
No abstract provided.
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism,
2013
Notre Dame Law School
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …
Redeeming Transect Zoning?,
2013
Notre Dame Law School
Redeeming Transect Zoning?, Nicole Stelle Garnett
Journal Articles
Thanks to the growing influence of the new urbanists- a group of architects aid urban-planning professionals who promote the development of mixed-land-use neighborhoods- "transect zoning" is becoming the zoning reform du jour. Over the last few decades, the new urbanists have mounted a remarkably successful public-relations campaign against traditional zoning practices and the suburban land use patterns that they mandate. The new urbanists' case against zoning is part antisuburban polemic and part pro-urban philosophy. At heart, the new urbanists' claim is that cities are good for us-and suburbs are bad. Or, to put the claim into social-science terminology, the new …
Assessing Institutional Ability To Support Adaptive, Integrated Water Resources Management,
2013
Alexander Blewett III School of Law at the University of Montana
Assessing Institutional Ability To Support Adaptive, Integrated Water Resources Management, Sandra B. Zellmer, Christina Hoffman
Faculty Law Review Articles
No abstract provided.
The Tragic Story Of The Federal Coal Leasing Program,
2013
University of Colorado Law School
The Tragic Story Of The Federal Coal Leasing Program, Mark Squillace
Publications
No abstract provided.
Supra Synopses,
2013
Seattle University School of Law
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review Online
No abstract provided.
Burdens On Public Access,
2013
Sea Grant Law Fellow, Roger Williams University School of Law
Burdens On Public Access, Elizabeth Blank
Sea Grant Law Fellow Publications
No abstract provided.
A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans,
2013
Alexander Blewett III School of Law at the University of Montana
A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan
Faculty Law Review Articles
The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an existing and indispensable tool for unifying important planning efforts in the areas of land use, water, and climate change. As the primary regulators of land use, local governments are at the front line of regulating a myriad of environmental concerns. They are also integral partners in planning and implementing water-related initiatives alongside tribal, state, federal, and private partners. The West’s potential for broad-based action is …
Exploring Taxation As A Substitute For Overregulation In The Development Process,
2013
Benjamin N. Cardozo School of Law
Exploring Taxation As A Substitute For Overregulation In The Development Process, Stewart E. Sterk
Articles
No abstract provided.
What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making,
2013
Touro Law Center
What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko
Scholarly Works
The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be incorporated into …
Plans Are Not Enough,
2013
Touro Law Center
Plans Are Not Enough, Michael Lewyn
Scholarly Works
Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Why (And How) Conservatives Should Support Smart Growth,
2013
Touro Law Center
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Scholarly Works
Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.
Ecological Diversity In Hillsborough County, Florida: Correlations Between Landscape Metrics And Socio-Demographic Variables,
2013
University of South Florida
Ecological Diversity In Hillsborough County, Florida: Correlations Between Landscape Metrics And Socio-Demographic Variables, David Godfrey
USF Tampa Graduate Theses and Dissertations
Landscape metrics, a means of quantifying landscape attributes, are frequently used in landscape ecology to describe the spatial characteristics of a landscape, but they have been less often used in anthropology. Using geographic information system (GIS) software, this study tests a method that investigates statistical correlations between groundcover landscape metrics and socio-demographic variables in Hillsborough County, Florida. Statistically significant correlations were found, illustrating the potential utility of this exploratory method. Wealthier areas with fewer ethnic minorities tend to be more fragmented and diverse in terms of groundcover; these areas also tend to have a lower percentage of impervious surfaces. The …
Selected Bibliography On Adjudications And New Mexico Water Management,
2012
University of New Mexico - School of Law
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Publications
No abstract provided.
Cityland – Vol. 9, No. 10,
2012
New York Law School
Cityland – Vol. 9, No. 10, Center For New York City Law
CityLand - 2012
This issue of CityLand explores legal, planning, and preservation developments in New York City as of December 2012. It features a student article on the legal distinctions between accessory and advertising signs, and the regulatory frameworks governing signage in residential, commercial, and manufacturing districts. The City Council rejected the sale of 22 Reade Street to preserve its potential use for an African Burial Ground Museum, while approving the sale of 49–51 Chambers Street. The Brinckerhoff Cemetery in Queens was designated a landmark despite opposition from the property owner. The Council also approved reduced parking requirements for Downtown Brooklyn to encourage …
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel,
2012
Touro Law Center
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney
Touro Law Review
Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …
Cityland – Vol. 9, No. 9,
2012
New York Law School
Cityland – Vol. 9, No. 9, Center For New York City Law
CityLand - 2012
This issue of CityLand covers significant land use, zoning, and preservation developments in New York City as of November 2012. Key highlights include the City Council’s approval of Jamestown Properties’ modified Chelsea Market expansion plan, which includes contributions to affordable housing and the High Line. The Seward Park Mixed-Use Development Project was approved with increased housing units and space for a public school. The West Harlem rezoning plan was modified to address community concerns, including preservation of affordable housing. The Board of Standards & Appeals approved rooftop additions to East Village tenements despite opposition. Landmark Preservation Commission approved revised plans …
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform,
2012
Pepperdine University
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
