Land Use Law Commons^™

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …

Cityland – Vol. 8, No. 6, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and development activity in New York City as of July 15, 2011. The City Council approved a modified 130-block rezoning in Sunnyside and Woodside, Queens, reducing building height limits along Queens Boulevard. A controversial rezoning in Whitestone was approved to allow expansion of the White House restaurant, while a rezoning for a mixed-use project in Flushing was also approved. A proposed rezoning in Cambria Heights was withdrawn following community opposition. The City Planning Commission certified the Admirals Row Plaza redevelopment in the Brooklyn Navy Yard and authorized Phase 1 of Freshkills Park’s …

Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen

Brigham Young University Journal of Public Law

No abstract provided.

Values As Part Of The Clinical Experience, Jaime Baker Roskie

Scholarly Works

This essay is based on a short talk I gave at the “Practically Grounded” conference hosted by Pace Law School’s Land Use Law Center. This piece discusses the University of Georgia (UGA) Land Use Clinic, specifically why and how I interact with my students in the classroom about values as part of the clinic experience. It attempts to tie my own teaching methods to those suggested in Best Practices for Legal Education.

Eminent Need: Proposing A Market Participant Exception For Municipal Parker Immunity, Scott Weese

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Virtues Of Common Ownership, Anna Di Robilant

Faculty Scholarship

Professor Michael Sandel's theory of justice is attractive and inspirational for lawyers interested in social change. Sandel's call to go beyond egalitarian liberalism has real and important implications for legal and institutional engineering. However, Sandel's theory of justice is parsimonious of recommendations for medium level institutional design. It offers little detailed guidance to private lawyers called upon to design background rules for the allocation of scarce resources and necessary burdens. This essay will discuss how Sandel's theory of justice may help orient the work of lawyers and policymakers interested in a question that is central to recent property debates: the …

Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin

Seattle University Law Review

For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …

Cityland – Vol. 8, No. 5, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and policy developments in New York City as of June 15, 2011. The City Council considered the Fair Wages for New Yorkers Act, which would mandate living wages for employees of businesses receiving City subsidies. The Council also approved the West Clinton rezoning, enabling residential development and applying the Inclusionary Housing Program. The proposed Chinatown BID advanced, despite concerns over its assessment formula. A zoning text amendment was introduced to regulate sidewalk cafes in Harlem’s Special 125th Street District. The Council proposed fee increases for DOB and BSA applications. The City Planning …

Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.

The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …

Irish Hills Natural Reserve Conservation Plan Update, Bijan N. Riley

Master's Theses

The Irish Hills Natural Reserve Conservation Plan is a unique component of the City
of San Luis Obispo’s green belt that provides a number of hiking and mountain biking
trails within a short distance from the downtown core as well as ensures that valuable
habitat be preserved into the future. As the subject of my thesis project, IHNR presented the opportunity to pursue an aspect of city planning that can often be over-looked and, conservation planning. Conservation planning is an important element of the planning profession in that it incorporates such elements into the future growth of cities. With proper …

Cityland – Vol. 8, No. 4, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and zoning developments in New York City as of May 15, 2011. The City Council approved Harlem River Point, a mixed-income housing project in East Harlem, and advanced a large contextual rezoning for South Jamaica, Queens. The Council held its first oversight hearing on the City Charter’s “fair share” rules, examining the equitable distribution of municipal facilities. Separate rezonings were approved for Carroll Street in Brooklyn to support residential development. The Atlantic Avenue BID proposal moved forward, while a zoning text amendment was adopted to allow public and café seating in arcades …

Cityland – Vol. 8, No. 3, Center For New York City Law

CityLand - 2011

This issue of CityLand highlights major land use and zoning developments across New York City as of April 15, 2011. The City Council approved several affordable housing projects, including Courtlandt Crescent in Melrose, Clinton Commons in Manhattan, and developments in East Tremont and South Williamsburg. The Webster Avenue/Bedford Park/Norwood rezoning plan was adopted to encourage contextual residential growth and commercial revitalization in the Bronx. The City Planning Commission approved the creation of a large Chinatown Business Improvement District encompassing over 6,000 businesses. Landmark designations included the Japan Society Headquarters, Engineers’ Club Building, and the Neighborhood Playhouse. The Landmarks Preservation Commission …

Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey

Buffalo Environmental Law Journal

No abstract provided.

Community Growth And Land Use, Susan Kelly

Publications

No abstract provided.

I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher

Buffalo Law Review

No abstract provided.

Stop The Stop The Beach Plurality!, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.

A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand

William & Mary Law Review

No abstract provided.

Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra

Sustainable Development Law & Policy

No abstract provided.

Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown

Sustainable Development Law & Policy

No abstract provided.

Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow

Sustainable Development Law & Policy

No abstract provided.