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Land Use (generally)

When the Law Is Silent, Trespassers W . . . : Law and Power in Implied Property Rights

In the magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his...

Stacking Ecosystem Services Payments: Risks and Solutions

Healthy ecosystems provide many services to society, including water filtration, biodiversity habitat protection, and carbon sequestration. A number of incentive programs and markets have arisen to pay landowners for these services,...

Green Building Rating Systems and Green Leases

[Editors' Summary: This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010)....

Overview of Green Buildings

This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 1 (J. Cullen Howe & Michael B. Gerrard eds. 2010). Copyright © 2010 by the American...

Fighting the Lure of the Infinite: Lease Conservation Easements at the Urban Fringe

Editors' Summary

Today, local, state, and federal governments provide incentives intended to conserve agricultural uses. One of those incentives, the conservation easement, is flourishing in both quantity and acres conserved....

Planning and Law: Shaping the Legal Environment of Land Development and Preservation

Editors' Summary

It has been more than a century since the City Beautiful movement captured the imagination and attention of public officials throughout America. Today, many states and localities continue to wrestle with the need...

Drawing the Line: Striking a Principled Balance Between Regulating and Paying to Protect the Land

Editors' Summary

Effective conservation is at times frustrated by a lack of balance between regulation and payment, the two tools most often used for land protection. Efforts to determine which protection tool to use should...

The New Public Lands: Competing Models for Protecting Public Conservation Values on Privately Owned Lands

Editors' Summary

The emergence of new hybrid categories of public interest lands represents an opportunity to advance the public interest. In recent decades, the U.S. government has acquired partial property interests over large...

Disaster Mitigation Through Land Use Strategies

Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake...

Opportunities for Regulation of Land Use and Development as a Legal Tool to Protect Biodiversity

Editors' Summary: Development and urban sprawl threaten biodiversity by displacing and fragmenting habitat with roads, commercial structures, and private homes. In this Article, authors Robert B. McKinstry Jr., James McElfish, Michael...