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Land Use

Conservation Easements as an Effective Growth Management Technique

Editors' Summary: A number of innovative smart growth programs are being used to battle urban sprawl and protect environmentally sensitive land. This Article advocates for the use of conservation easements as an effective growth...

Dusting Off the Blueprint for a Dryland Democracy: Incorporating Watershed Integrity and Water Availability Into Land Use Decisions

I. John Wesley Powell's Blueprint for a Dryland Democracy

In 1878, Maj. John Wesley Powell delivered to the Secretary of the Interior his Report on the Lands of the Arid Region of the United States in which he outlined his...

Drafting Nature-Friendly Ordinances: An Ecological Checklist

Throughout the United States, local governments have begun to recognize responsibilities relating to the health and function of the natural environments within their boundaries. Land use ordinances--including planning, zoning, and...

Nature and Property: A Riparian Law Perspective

I. Introduction

This Article will characterize how one area of property law, title rules for coastal and riverfront property, represents particular views of nature. In doing so it will examine how the law in this area defines the...

Nature and Property: A Riparian Law Perspective

I. Introduction

This Article will characterize how one area of property law, title rules for coastal and riverfront property, represents particular views of nature. In doing so it will examine how the law in this area defines the...

Land Use Regulation in Houston Contradicts the City's Free Market Reputation

Throughout the 20th century, government agencies increasingly regulated the use of private land in the United States. In particular, zoning spread across the country as the principal regulatory tool for land use control. Although many...

Smart Growth and Innovative Design: An Analysis of the New Community

In the early 19th century, most metropolitan areas were compact, with strong downtown areas that provided not only retail, government, and other services, but also a variety of cultural activities. Although some of rich society lived in...

Cutting Science, Ecology, and Transparency Out of National Forest Management: How the Bush Administration Uses the Judicial System to Weaken Environmental Laws

The Defenders of Wildlife Judicial Accountability Project—undertaken with the assistance of the Vermont Law School Clinic for Environmental Law and Policy—seeks to fill a data void on the environmental record of President...

Choking Slowly: Is Managing (or Smart) Growth Just Planning a Slow(er) Demise (and if It Is, Is There an Alternative)?

Given the steady march of adverse environmental impacts and inimical socioeconomic and community change at the local level in many metropolitan areas—due in part to haphazard growth—this Article identifies and examines a...

Private Land Made (Too) Simple

In a recent article in the Yale Law Journal, Profs. Thomas W. Merrill and Henry E. Smith express concerns about what they take to be the excessive abstraction of law-and-economics writing on private property.1...