Jump to Navigation
Jump to Content

Land Use (generally)

Local Land Use Power: Managing Human Settlements to Mitigate Climate Change

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the...

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part Two

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

Conservation Easements in a Changing Climate

Conservation easements are increasingly being used both for traditional conservation purposes and as a tool for critical climate change mitigation and adaptation. Because land use decisions are generally made at the local level,...

Mineral Estate Conservation Easements: A New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction

The rise of high-volume hydraulic fracturing has been accompanied by a suite of environmental and social concerns, including potential water and air contamination, greenhouse gas emissions, health effects, and community disruptions....

Whose Coast Is It Anyway? Climate Change, Shoreline Armoring, and the Public’s Right to Access the California Coast

The public trust doctrine provides that a state holds its tidelands, submerged lands, and navigable waters in trust for the benefit of the general public. California has codified the principles of this doctrine through various statutes...

Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there...

Shoreline Armoring and the Public Trust Doctrine: Balancing Public and Private Interests as Seas Rise

Coastal landowners have an acute interest in armoring the shoreline by erecting barriers to protect their property from inundation and erosion. One problem with armoring is that the barrier potentially destroys coastal wetlands and...

Enhancing the Urban Environment Through Green Infrastructure

This Article is adapted from Chapter Seven of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published by ELI Press. The book describes how localities are responding to new challenges,...

Working Landscapes: The Future of Land Use Policy?

The history of land use in the American West has traditionally been one of conflict, but the divisive relationships between ranchers, foresters, land management agencies, recreational users, and conservationists are transforming....

  • 1
  •   |  2
  •   |  3
  •   |  4
  •   |  5
  • of 7
  • »