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The Four Supreme Court Land-use Decisions of 2005

The Four Supreme Court Land-use Decisions of 2005
Author: American Planning Association
Publisher:
Total Pages: 228
Release: 2005
Genre: Eminent domain
ISBN:

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Here, in one volume, are both an overview and an in-depth research resource about four landmark Supreme Court decisions of 2005 that may affect the day-to-day work of planners. The report corrects much misinformation that has been published about the Kelo decision. Included for each case are an overview, the text of the Supreme Court opinion (including dissenting and concurring opinions), the text of the amicus brief that APA filed, and (for Kelo and Lingle) commentary and reaction. The articles in the commentary and reaction sections, as well as the Foreword and Afterword, describe how these decisions will affect everyday planning practice. The various articles in this report are excerpted from other APA publications and the APA website.


Land Use Controls

Land Use Controls
Author: Robert C. Ellickson
Publisher: Aspen Publishers
Total Pages: 0
Release: 2005
Genre: Land use
ISBN: 9780735539969

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Give your students a casebook as dynamic as the subject of land use by adopting this thoroughly revised edition of a former best seller. LAND USE CONTROLS: Cases and Materials, Third Edition, illuminates the legal regulation of the land development process with a skillful blend of social scientific analysis and historical materials. Both students and instructors will appreciate the casebook¿s strengths: distinguished authorship. Robert C. Ellickson is a Professor of Law at Yale and author of several books and many law review articles dealing with land development and property; Vicki L. Been, Is a highly respected scholar and authority on environmental justice whose thinking on land use has been published in prestigious law reviews and casebooks LAND USE CONTROLS is known and respected as a leading casebook, now completely updated for this latest edition an interdisciplinary approach that weaves historical, social, and economic perspectives throughout the work concise but comprehensive treatment of the legal issues that arise in both private and public regulation of land development, including environmental justice, building codes and subdivision regulations, And The federal role in urban development a thematic framework that reveals the connections among the multiple discrete topics under land law, with attention To The factual and political context of the cases And The aftermath of decisions helpful learning aids -- original introductory text, cases, notes, excerpts from law review articles, and visual aids such as maps, charts, and graphs This revision covers all the most recent and important developments and features: Kelo and other U.S. Supreme Court decisions through June 2005 thoroughly updated notes, with recent cases, law review literature, and empirical studies recent land use controversies, such as the ¿Walmart Wars¿ If you want a teachable casebook with the latest information and a traditional notes-and-cases approach, be sure to consider LAND USE CONTROLS: Cases and Materials, Third Edition . This scrupulously revised edition helps you teach a course that is both challenging and interesting to students.


Land Use Controls

Land Use Controls
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 922
Release: 2020-10-15
Genre: Law
ISBN: 1454897937

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Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy


Land Use and the Constitution

Land Use and the Constitution
Author: Brian W. Blaesser
Publisher: Routledge
Total Pages: 313
Release: 1989-01-01
Genre: Architecture
ISBN: 1351177303

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This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.


Legal Foundations of Land Use Planning

Legal Foundations of Land Use Planning
Author: Jerome G. Rose
Publisher: Routledge
Total Pages: 881
Release: 2017-07-12
Genre: Law
ISBN: 1351509047

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Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.


The Takings Issue

The Takings Issue
Author: Robert Meltz
Publisher: Island Press
Total Pages: 626
Release: 1998-12
Genre: Law
ISBN: 9781597263283

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As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.


Handling the Land Use Case

Handling the Land Use Case
Author: Frank Schnidman
Publisher: Aspen Publishers
Total Pages: 774
Release: 1984
Genre: Actions and defenses
ISBN:

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Land Use Regulation

Land Use Regulation
Author: Daniel P. Selmi
Publisher:
Total Pages: 824
Release: 2004
Genre: Business & Economics
ISBN:

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This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


California Land Use and Planning Law

California Land Use and Planning Law
Author: Cecily Talbert Barclay
Publisher:
Total Pages: 628
Release: 2014-03
Genre:
ISBN: 9781938166068

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For over three decades, this book has provided a succinct and definitive summary of the major provisions of California's land use and planning laws. Curtin's has been cited by the California Supreme Court and numerous appellate courts as an authoritative source. This thirty-fourth edition contains new, expanded discussions of several topics, including: ¿ Analysis of new California Supreme Court case law on the proper identification of an environmental baseline under the California Environmental Quality Act (CEQA) (chapter 6) ¿ New and expanded analysis of the legal standards relating to an agency¿s establishment of significance thresholds under CEQA (chapter 6) ¿ Discussion of the United States Supreme Court¿s decision in Koontz v. St. Johns River Water Management District, which expands application of the ¿nexus¿ and ¿rough proportionality¿ standards the Court previously established in Nollan and Dolan (chapter 12) ¿ New discussion of recent judicial guidance on the handling of climate change impacts in CEQA documents (chapter 16) ¿ Treatment of several new decisions affecting affordable housing programs, including application of the Density Bonus Law and the procedure for bringing a legal challenge to inclusionary programs (chapter 15) ¿ Expanded discussion of state and federal endangered species protection, including new regulation governing how agencies consider economic effects when designating critical habitat and new law on federal agency consultation with the United States Fish and Wildlife Service (chapter 8)