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Land Use (generally)

An Environmental Understanding of the Local Land Use System.

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work,...

Requiem for Regulation

Since 1952, Cornell University Prof. Emeritus John W. Reps has taught, studied, and written about the planning of cities, suburbs, and farms. The American Planning Association has recognized him as a planning pioneer. He is perhaps the...

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues...

“Scarcely a Vestige of Antiquity Remains”: Evaluating the Role of Preservation Easements in Protecting Historic Religious Architecture

Preservation of historic religious architecture has been one of the most controversial areas of regulatory preservation activity. Although regulatory options remain constitutionally permissible, efforts to protect historic religious...

Reliance Interests and Takings Liability for Rail-Trail Conversions: Marvin M. Brandt Revocable Trust v. United States

On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case, Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by...

From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public...

The Public Use Requirement and Doctrinal Renewal

For a generation, our view of the scope of government's eminent domain power has been framed by three cases, Berman v. Parker, Hawaii Housing Authority v. Midkiff, and Poletown Neighborhood Council v. City of Detroit.

In Berman,...

Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens

As the movement toward keeping backyard chickens continues to grow, many cities are facing the decision of whether to allow residents to keep chickens and, if so, how to effectively regulate the practice. A survey of municipal...

Land Use Law and the Impulse From a Vernal Wood: The Mohonk Trust Case.

Over the course of David Sive's 55 years of practice, he describes the Mohonk Trust case as the most satisfying. In that case, heI was able to combine strategic skills gained from many years of litigating with a cause to which he had...

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to...