Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements,
2010
University of Kentucky
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Law Faculty Scholarly Articles
Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …
Renewable Energy And The Neighbors,
2010
University of Missouri School of Law
Renewable Energy And The Neighbors, Troy A. Rule
Faculty Publications
Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …
Shadows On The Cathedral: Solar Access Laws In A Different Light,
2010
University of Missouri School of Law
Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule
Faculty Publications
Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal,
2010
University of New Mexico
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010,
2010
Touro Law Center
No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia E. Salkin
Scholarly Works
This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decision-making, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys,
2010
Touro Law Center
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Scholarly Works
This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University,
2010
Touro Law Center
Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Patricia E. Salkin, Keith H. Hirokawa
Scholarly Works
This Article employs sustainability as a framework to analyze the recent proposed physical expansion plans of Columbia University for the purpose of illustrating the complexities that arise in urban development and higher education practices, as well as the problems of trying to simultaneously implement both. Governments and courts traditionally provide a high level of deference and leniency in the application of land-use laws and regulations when it comes to siting and expansion issues for educational institutions, yet institutions of higher education, particularly those located in urban areas, create unique dilemmas for sustainability. For example, available land for expansion is often …
Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations,
2010
Touro Law Center
Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin
Scholarly Works
Observing that a disproportionate number of reported cases highlighted inn the Law of the Land blog (www.lawoftheland.wordpress.com) are opinions addressing the subject of nonconforming uses, this column attempts to unravel some of the legal issues that stem from poor drafting of these provisions in zoning regulations, and demonstrates options for practitioners and drafters to better regulate for the eventual disappearance of nonconformities.
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans,
2010
Technological University Dublin
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Articles
The strengthening of spatial database infrastructures, further promoted by the INSPIRE Directive adopted in 2007, has led to an increased use of spatial data in planning and decision-making. Given that land-use plans are intrinsically spatial, such evidence and approaches can significantly benefit plan-making. A spatial framework could especially support the specific Strategic Environmental Assessment (SEA) aspects of the plan-making process. Spatial tools such as Geographic Information Systems (GIS) are particularly well-placed to support the environmental integration sought in SEA by providing evidence through the spatial assessment of multiple environmental datasets. Moreover, GIS bring the opportunity to augment conventional assessment techniques …
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration,
2010
Wayne State University
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf
Law Faculty Research Publications
No abstract provided.
Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight,
2010
Indiana University Maurer School of Law
Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin
Articles by Maurer Faculty
This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County's actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. The over six years of litigation associated with the easement's attempted termination has been the …
Obesity, Poverty, And The Built Environment: Challenges And Opportunity,
2010
University of Richmond
Obesity, Poverty, And The Built Environment: Challenges And Opportunity, Wendy Collins Perdue
Law Faculty Publications
Obesity and its associated chronic diseases have become a major health concern in the United States.... Approximately two thirds of adults in the United States are either overweight or obese, and the condition is linked to diabetes, high blood pressure and other chronic conditions requiring ongoing medical supervision. Obesity is a particular health concern for the poor. Not only are obesity rates generally higher among those with lower socioeconomic status, but the chronic conditions caused by obesity may present a particular challenge for the poor who often lack access to necessary ongoing medical supervision.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.),
2010
University of Maryland School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
A Current Review Of Chinese Land-Use Law And Policy: A "Breakthrough" In Rural Reform?,
2010
University of Washington School of Law
A Current Review Of Chinese Land-Use Law And Policy: A "Breakthrough" In Rural Reform?, Robin Dean, Tobias Damm-Luhr
Washington International Law Journal
Three decades ago, China moved from a communal system of farming to a system that granted more extensive land-use rights to individual households, starting rural China on a path to greater prosperity. Today, however, the law and policy promulgated by the Chinese government prevents farmers from fully realizing this prosperity. The Land Administration Law gives farmers thirty-year contractual rights to the land they farm and the Law on Rural Land Contracting strengthens this right by more specifically enumerating requirements for land contracting and the transfer of contractual rights. Nevertheless, the rural-urban gap is the worst it has been in decades …
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa,
2010
Cleveland State University
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
All Maxine Goodman Levin School of Urban Affairs Publications
In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.
To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …
Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190,
2010
University of Texas at El Paso
Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima
Great Plains Quarterly (through 2013)
In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and New …
Pendaftaran Hakmilik Tanah Selepas Tsunami Di Banda Aceh : Isu-Isu Yang Berbangkit Berkenaan Perlindungan Hakmilik.,
2010
Universiti Malaya
Pendaftaran Hakmilik Tanah Selepas Tsunami Di Banda Aceh : Isu-Isu Yang Berbangkit Berkenaan Perlindungan Hakmilik., Afifuddin Manan
Student Works (2010-2019)
The earthquake and tsunami disaster that hit Acheh on December 24, 2004 had destroyed most of the records and files on land ownership. The disaster had created difficulties and brought about various conflicts in land administration and ownership. This dissertation aims to examine the procedure and legality of registration and the responsibility of the state in the protection of land ownership in the post tsunami era. The research revealed general problems relating to the protection of ownership of land post-tsunami, which include antinomy of law and improper actions of land registration officers. The antinomy of law and improper acts of …
Curbing Energy Sprawl With Microgrids,
2010
University of Connecticut School of Law
Curbing Energy Sprawl With Microgrids, Sara Bronin
Faculty Articles and Papers
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State,
2010
Duke Law School
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes …
Maryland's Affordable Housing Land Trust Act,
2010
Notre Dame Law School
Maryland's Affordable Housing Land Trust Act, James J. Kelly Jr.
Journal Articles
On May 20, 2010, Maryland’s governor, Martin O’Malley, signed the Affordable Housing Land Trust Act (AHLT Act) into law. Its enactment marked the culmination of six years of advocacy by the University of Baltimore Community Development Clinic and by the Maryland Asset Building and Community Development Network. The AHLT Act authorizes a new method of creating and sustaining permanently affordable homeownership. By using the affordable housing land trust agreements outlined in the legislation, Maryland nonprofits and governmental agencies may now enter into enforceable long-term agreements with publicly subsidized low- and moderate-income homeowners to ensure that their homes remain affordable to …
