Land Use Law Commons^™

Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk

Articles

In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo the same review process as the decision that led to the litigation in the first place. The problem is exacerbated by broad standing rules that allow a variety of parties to challenge the settlement. As a result, municipalities and developers often have an incentive to litigate to judgment, even though both parties would prefer a negotiated or mediated solution.

On the other hand, permitting developers and municipalities to settle litigation behind closed doors could impair both the quality and the legitimacy of the …

Citizen David Tames Gas Goliaths On The Marcellus Shale Stage: Citizen Action As A Form Of Dispute Prevention In The Internet Age, Elisabeth N. Radow

Cardozo Journal of Conflict Resolution

"Water, water everywhere and not a drop to drink." This could soon become the lament of millions of people who derive their drinking water from sources located near the latest natural gas boom site in the East, known as the "Marcellus Shale" region. Drilling is underway in Pennsylvania and West Virginia, but not yet in New York. The focus here is New York.

2010 Annual Symposium: Keynote Speech, Joseph A. Siegel

Cardozo Journal of Conflict Resolution

Thank you very much to the Board of the Cardozo Journal of Conflict Resolution for inviting me here today. I am honored to be speaking at this conference and participating in an event with so many distinguished experts in the conflict resolution field. I spend most of my time working on the challenging issue of climate change and, as we all know, energy is both a significant part of the problem and a significant part of the solution. I often have the opportunity to speak at and attend conferences on climate and energy and I like to monitor over time …

Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Not In My Atlantic Yards: Examining Netroots’ Role In Eminent Domain Reform, Kate Klonick

Faculty Publications

(Excerpt)

Since the Supreme Court's decision in Kelo v. City of New London, which expanded the state's power to condemn private property and transfer it to other private owners under the Fifth Amendment, there have been significant calls to curb the power of eminent domain through statutory reform. Scholars and jurists in favor of eminent domain reform have asserted that legislation is needed to protect private property rights against the rising tide of state power, with many arguing that such reform should incorporate a public approval process into land use decisions. Those opposed to eminent-domain reform argue that empowering …

Green Infrastructure: The Imperative Of Open Space Preservation, Janice C. Griffith

Suffolk University Law School Faculty Works

Open space preservation ranks among America's most deeply rooted traditions. The creation of green, civic open spaces was recognized as an important design concept in the formation of a number of the country's early cities. Philadelphia, Savannah, and New Haven were developed around squares of green open space. Most New England towns set aside a town common for grazing cattle and for a myriad of public uses. The first planned suburbs were also organized around protected open spaces.

The environmental movement in the 1970s brought renewed attention to the importance of open space preservation, but the cost of making it …

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Journal Articles

No abstract provided.

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Journal Articles

The use of exacted conservation easements is widespread. Yet, the study of the implications of their use has been minimal. Conservation easements are nonpossessory interests in land restricting a landowner’s ability to use her land in an otherwise permissible way, with the goal of yielding a conservation benefit. Exacted conservation easements arise in permitting contexts where, in exchange for a government benefit, landowners either create conservation easements on their own property or arrange for conservation easements on other land.

To explore the concern associated with the enforceability of exacted conservation easements in a concrete way, this article examines exacted conservation …

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Journal Articles

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from …

Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold

Articles & Chapters

For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.

As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

Scholarly Works

This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan

Scholarly Works

The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for …

How Suburbia Happened In Toronto, Michael Lewyn

Scholarly Works

No abstract provided.

Regulating Controversial Land Uses, Patricia E. Salkin

Scholarly Works

While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local governments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and …

An Unjust Enrichment Claim For The Mistaken Improver Of Land, Hang Wu Tang

Research Collection Yong Pung How School Of Law

In recent years, the law of unjust enrichment especially in the context of restitution for mistake has developed at an unprecedented pace. The modern jurisprudence of the law of restitution for mistake is exemplified by the causative mistake approach, i.e. if the claimant's mistaken belief causes the claimant to enrich the defendant, the claimant is prima facie entitled to succeed. The principal research question in this paper is whether the causative mistake approach is applicable to a claimant who mistakenly improves the land of the defendant. Recent case law and the most prominent academic treatise in this area suggest that …

Enough Rope: Why United States V. White Plume Was Wrong On Hemp And Treaty Rights, And What It Could Cost The Federal Government, Lori Murphy

American Indian Law Review

No abstract provided.

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Scholarly Works

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine

Scholarly Works

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …