Land Use Law Commons^™

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land & Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.

Barren River Lake - Relating To (Sc 3166), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 3166. Transcript of trial proceedings in United States of America v. 2,635.04 Acres of Land, Etc. (Tracts 125, 127, 130, 131 – Franklin Berry and Ruby Berry), a case heard in U.S. District Court, Western District of Kentucky at Bowling Green on 16 October 1962. At issue was the compensation to be awarded to Franklin and Ruby Berry for the taking of lands in Allen County, Kentucky, by the U.S. Government in connection with the construction of Barren River Reservoir No. 2, also known as the Port …

The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok

Research Collection College of Integrative Studies

This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …

Disclaiming Property, Michael Pappas

Faculty Scholarship

Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.

Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural …

Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2

University of Baltimore Journal of Land and Development

No abstract provided.

Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee

University of Baltimore Journal of Land and Development

No abstract provided.

How Will Technology Change Cities?, Klaus Philipsen

University of Baltimore Journal of Land and Development

No abstract provided.

No Common Ground: Competing Worldviews At Mato Tipila, Wendy Anne Felese

Electronic Theses and Dissertations

This project analyzes a legal conflict (Bear Lodge Multiple Use Assn v Babbitt 2 F. Supp. 2d 1448) at Mato Tipila, a significant place for the Lakota (Sioux) community and with which they have a historical and longstanding relationship. Commercial and recreational rock-climbing enthusiasts who make use of it and the tourists who arrive in droves each year to visit, call this place Devils Tower. The case centered on whether the government violated the Establishment Clause of the First Amendment by instituting a climbing ban during the month of June to accommodate Lakota ceremonial obligations. In recent historical developments, the …

The Semicommons And Wisconsin Water Quality, David A. Strifling

Marquette Intellectual Property Law Review

From the Great Lakes to pristine northern streams, Wisconsin boasts a plentiful and valuable array of water resources. Yet water stress analyses show that this natural capital is deeply threatened in a variety of ways. The pressure results primarily from human activity, ranging from general overuse to colonization by anthropogenically introduced non-native species. Some of the greatest water quality problems, however, are caused by land use practices that lead to polluted runoff from farm fields and urban settings. The onset of climate change has the potential to further exacerbate all of this. These issues, coupled with the failure of existing …

Response To Professor Rosenbloom: Fifty Shades Of Gray Infrastructure: Land Use And The Failure To Create Reslient Cities, 93 Wash. L. Rev. 317 (2018), Roberta F. Mann

Washington Law Review Online

This piece is a response to Jonathan Rosenbloom, Fifty Shades of Gray Infrastructure: Land Use and The Failure to Create Resilient Cities, 93 Wash. L. Rev. 317 (2018).

The "Publicization" Of Private Space, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or “POPOS.” These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This analysis is especially important because in embracing POPOS, cities have made …

Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …

Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco

UIC Law Review

No abstract provided.

An Independent Review Of Forest Practices In Nova Scotia: Executive Summary Conclusions And Recommendations, William Lahey Prof.

Reports & Public Policy Documents

My mandate was to make recommendations on forest practices that would, if implemented, balance environmental, social, and economic objectives, which I have interpreted to include values. My conclusion is that environmental, social, and economic values should be balanced by using forest practices that give priority to protecting and enhancing ecosystems and biodiversity.

In other words, I have concluded that protecting ecosystems and biodiversity should not be balanced against other objectives and values as if they were of equal weight or importance to those other objectives or values. Instead, protecting and enhancing ecosystems should be the objective (the outcome) of how …

Fishhooks And Tripwire: A Particularized Implementation Of The Right To Roam To The Appalachian Trail, Katherine J. Moore

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to preserve the Jewish nation and the existence …

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation, and opportunities congregate, would be the optimal choice. Yet megacities in both China and the United States are excluding people by limiting the housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Back-Yard (“NIMBY”) homeowners are taking over megacities in the U.S. and hindering housing development. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of …

One Parcel Plus One Parcel Equals A "Parcel As A Whole" Murr V. Wisconsin's Fluid Calculations For Regulatory Takings, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The Court's most recent major property law case, Murr v. Wisconsin, 137 S. Ct. 1933 (2017), tackles one of the thorny, recurring issues in regulatory takings jurisprudence: what is the proper “denominator” to use in determining whether a government regulation has so greatly diminished the economic value of a parcel of land that it effects a taking? More specifically, Murr looked at what constitutes the “parcel as a whole” when a landowner holds title to two contiguous lots. Should a court assess the economic impact on the value of each lot separately or the impact on the value of the …