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Real Estate & Property Law

Land Use Prof Blog

By Paul Boudreaux

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 11:17:06

Golf Carts for the Masses?

Posted on December 21, 2009
Visit our little new urban neighborhood when the weather is warm and you're likely to see a small flotilla of golf carts cruising through the neighborhood's narrow streets. In fact, the trend became so popular that the development--with its private...

Stores of our Memories and Sense of Place

Posted on December 20, 2009
On a recent trip through Richmond, Virginia, I was reminded of the profound sense of disappointment my parents experienced when legendary Richmond department stores--Miller & Rhoads and Thalhimers--decided to close their doors after years in business...

Serkin on Existing Uses and Land Use Regulations

Posted on December 20, 2009
Christopher Serkin (Brooklyn) has published his article Existing Uses and the Limits of Land Use Regulations in the recent issue of the New York University Law Review (Vol. 84, p. 1222). The abstract: This Article identifies the various ways in...

Slugging

Posted on December 19, 2009
Are HOV lanes a good idea? They are controversial, to be sure. Some think that they are essential to disincentivizing traffic and rewarding carpooling. Others think that they are inefficient or infringe too much on liberty. But for those commuters...

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Governments must legislate to ?green? communities, says law expert

Posted on December 18, 2009
A news release from John Nolon's publisher: To win the battle against climate change, national and local governments must work together to impose far-reaching ?sustainable development? laws on local communities. The call for sweeping changes to land use and planning...

North Charleston Partnership Wins EPA?s National Environmental Justice Achievement Award

Posted on December 17, 2009
A news release from EPA: During a ceremony today in Charleston, S.C., the U.S. Environmental Protection Agency (EPA) announced the partnership between the Mitigation Agreement Commission and the Lowcountry Alliance for Model Communities in North Charleston is among five winners...

Adams on Homeownership & the American Dream

Posted on December 17, 2009
Kristen Adams (Stetson) has posted Homeownership: American Dream or Illusion of Empowerment?, published recently in the South Carolina Law Review, Vol. 60, p. 573. The abstract: In this Article, I endeavor to show that because Americans value homeownership so much...

The I.M.P.A.C.T. of E.I.R.s...

Posted on December 17, 2009
I was doing some research on a local smart growth community that has found its plans somewhat delayed because of the Army Corps of Engineers amazingly long (and some might argue bureaucratically-wasteful) environmental impact reporting process. While doing so, I...

Blast from the Past

Posted on December 16, 2009
I have a Google alert set for "Roskie." Like many people, I like to know when my name appears on the internet. Also, Roskie is an unusual name, so I like to know about other Roskies around the world. The...

Lavine on Urban Renewal & Berman

Posted on December 16, 2009
Amy Lavine (Albany) has posted Urban Renewal and the Story of Berman v. Parker. The abstract: The Supreme Court?s 1954 decision in Berman v. Parker serves as the foundation for much of our modern eminent domain jurisprudence, including the controversial...

Florida Land Use Lawsuit Moves Forward...

Posted on December 15, 2009
In several recent conversations, I've discussed with other colleagues how the current economic crisis has, among other things, changed the balance of power among developers and municipalities. It used to be that, if City X did not accede to a...

Salkin on NY Local Governments and Climate Change & Energy Efficiency

Posted on December 14, 2009
Patricia Salkin (Albany) has posted New York Local Governments Respond to Climate Change and Energy Efficiency. The abstract: While climate change is not exclusively a land use issue, some of the most effective strategies to slow climate change can be...

The ACE Basin and Conservation Easements

Posted on December 14, 2009
The ACE Basin of the South Carolina Lowcountry--a land area surrounded by the Ashepoo, Combahee, and Edisto Rivers--is one of the largest and best examples of the power of conservation easements. Established in an area that once boasted wealthy rice....

Riverkeeper, Seoul Style

Posted on December 14, 2009
President Lee Myung-bak of South Korea has launched an ambitious project to "remake" the country's four longest rivers, after achieving success in uncovering a paved-over and nearly forgotten river during his tenure as mayor of Seoul. After cleaning it up,...

The Miami 21 Development Saga Continues...

Posted on December 12, 2009
From Friday's Miami Herald: Miami 21, the ambitious and controversial city zoning rewrite passed in October after years of vetting, revision and intense public debate, may get delayed yet again -- this time at the request of new Mayor Tom�s...

Climate Change in MesoAmerica

Posted on December 11, 2009
I am attending a talk by Ron Carroll, UGA Ecology professor and co-director of the River Basin Center (where I am currently housed). Ron is working in the Rio Tempisque project in Costa Rica, which is a research and outreach...

When Animal Law and Foreclosure Law Intersects...

Posted on December 11, 2009
The evicted owner of Bonniedale Farms, upset with the way 136 animals on his farm have been treated since he was forced off the property Monday by Wells Fargo Bank, plans to go before a Superior Court judge Wednesday to...

Commercial Land Use Problems Continue...

Posted on December 11, 2009
I was visiting with several members of a municipal planning staff recently and heard some interesting information. By and large, Planning Commission hearings are much less busy (and, in some cases, have even been cancelled) than before the land development...

Virginia Bans Cul de Sacs

Posted on December 11, 2009
Cul de sacs are a love 'em or hate 'em phenomenon - either you think they're a fantastic safe enclave for kids to play or a blight on the environment. But now, the state of Virginia has gone so far...

Happy Holidays

Posted on December 11, 2009
It has snuck up on me, but this is as good a time as any to wish all land use blog readers, scholars, and practitioners a happy holidays. Exams are winding down, students are leaving for break, and practices are...

Lehavi on Fennell's Unbounded Home: Property Rights and Control of Social Groupings

Posted on December 11, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted another interesting-looking article, a review essay of Lee Anne Fennell's The Unbounded Home: Property Values Beyond Property Lines (Yale U. Press, 2009). Lehavi's piece is titled Is Law...

Of (Tiger) Woods and Trees and Land Use

Posted on December 10, 2009
Ben Barros points us from Property Prof Blog to an article by Christopher Beam in Slate's "Explainer" feature titled Stopping by Woods: Tiger Woods' car crash caused $200 worth of damage to a tree. How do you measure that? According...

Sic Utere Tuo

Posted on December 10, 2009
So I've been having this running dispute with my next door neighbors about their barking dogs, and last night from somewhere in the depths of my brain arose the phrase, "sic utere tuo ut allenum no laedas." (Roughly translated, "use...

Edward L. Glaeser, "What Makes Cities Great"

Posted on December 09, 2009
Edward L. Glaeser, an economics professor at Harvard, published this morning on the New York Times Economix Blog his thoughts about land use in the Big Apple. Read his full article here. Usually we tend to think of land use...

What Do Fewer Liens Mean?

Posted on December 08, 2009
The Orange County Register development blog has a new story suggesting that fewer legal disputes related to real estate construction is, in the big picture, actually a bad sign: Mechanics liens are typically filed when contractors working on a real...

"Life in the shadow of industry"

Posted on December 07, 2009
Today our clients the Newtown Florist Club, and the Clinic, got some great coverage in the Gainesville (GA) Times. This article, hopefully the first in a series, covers the impact of industry on the Newtown neighborhood, something I've discussed in...

Bento, Low, Knaap, & Chakraborty on Housing Market Effects of Inclusionary Zoning

Posted on December 07, 2009
Another interesting article off the wire from Vicki Been's SSRN Property, Land Use, & Real Estate Law digest. Antonio Bento (Cornell), Scott Lowe (Boise State), Gerrit-Jan Knaap (Maryland), and Arnab Chakraborty (Illinois) have posted Housing Market Effects of Inclusionary Zoning...

Epstein on Heller's Gridlock Economy

Posted on December 07, 2009
Richard Epstein has posted Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much, Private Property, reviewing Michael Heller, The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives (Basic Books, 2008)...

Stevens' Condo on the Beach

Posted on December 07, 2009
From Supreme Court correspondent, Tony Mauro, in today's Blog of Legal Times as a follow-up to Justice Stevens' surprise recusal in Stop the Beach: Was Stevens' Condo the Reason for Justice's Recusal in Fla. Property Rights Case? by Tony Mauro...

Can the Polis Live Again?

Posted on December 07, 2009
Josh Martin of the Coastal Conservation League shared with me over the weekend a thought-provoking article by Michael Knox Beran, "Can the Polis Live Again? The Modern World has Withered Public Space and its Virtues." For some deep thinking about...

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