The Four Supreme Court Land-use Decisions of 2005
| Author | : |
| Publisher | : |
| Total Pages | : 192 |
| Release | : 1978 |
| Genre | : City planning |
| ISBN | : 9781932364163 |
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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 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.
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.
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
| Author | : Frank Schnidman |
| Publisher | : Aspen Publishers |
| Total Pages | : 420 |
| Release | : 1984 |
| Genre | : Actions and defenses |
| ISBN | : |
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"Post-Nollan" Land Use Planning
| Author | : Nancy Schuster Natoli |
| Publisher | : |
| Total Pages | : 216 |
| Release | : 1988 |
| Genre | : |
| ISBN | : |
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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
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.
"Public Use" that Justifies Eminent Domain for Economic Development Under the Takings Clause of the U.S. Constitution
| Author | : Janice K. England Watson |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Eminent domain |
| ISBN | : |
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The U.S. Supreme Court's Kelo decision was half-right and half-done. The bare majority decision was based on deference and encouraged participation in the political processes, to make changes in the takings law of eminent domain. Since the decision in 2005, Congress and forty-four states took up the challenge to make the use of eminent domain for economic purposes more protective of private property ownership rights. Examining the Kelo opinions and the 'aftermath, ' together with a careful look to the jurisprudence of judicial review for constitutionality, is important in order to predict where the takings law will develop. The Court was right to defer to citizen sovereignty for changes in the law, but the remaining work of the Court is to determine whether the future private-to-private takings and the new takings law, comport with their interpretation of the Takings Clause of the Constitution. The muddle of takings law, particularly for the public use justifications of blight or community need for regeneration, will improve when the Court reaches the question of what constitutes 'public use' in the twenty-first century. This examination posits that ultimately the definition between public use and what the Kelo Court characterized as pretextual public use, requires a test or standard similar to other civil rights. This final half of development for the takings law will more clearly define public use that justifies eminent domain and it will help to harmonize constitutional rights and the conditional obligations of private property ownership, to settle the takings law.
