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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

Arnold on Fourth-Generation Environmental Law

Posted on September 28, 2010
Craig Anthony (Tony) Arnold (Louisville) has posted Fourth-Generation Environmental Law: Integrationist and Multimodal. The abstract: Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional...

Mixon on Land Use Vignettes in (Unzoned?) Houston

Posted on September 28, 2010
I blogged recently on the publication of the Notre Dame Symposium on Urban Development. John Mixon (U. of Houston) has just posted to SSRN his contribution, Four Land Use Vignettes from (Unzoned?) Houston. The abstract: Houston has been called "the...

Cole on Property Creation by Regulation

Posted on September 28, 2010
Daniel H. Cole (Indiana-Indianapolis) has posted what looks like another interesting article, Property Creation by Regulation: Rights to Clean Air and Rights to Pollute. The abstract: This paper, prepared for a Lincoln Institute conference on "Evolution of Property Rights Related...

Designing Tomorrow: America?s World?s Fairs of the 1930s

Posted on September 28, 2010
The National Building Museum has announced a new exhibition: Designing Tomorrow: America?s World?s Fairs of the 1930s, from Oct. 2 (Saturday!) thru July 10, 2011. It sounds absolutely fascinating: Between 1933 and 1940 tens of millions of Americans visited world's...

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Crespi on Green Cards for Home Buyers

Posted on September 27, 2010
Gregory Crespi, has published Green cards for foreign house buyers: a way to help stabilize housing prices in the Tulsa Law Review. In a recent and provocative Wall Street Journal editorial, Richard Lefrak and Gary Shilling have set forth the...

Adler on Revisiting the Fundamental Principles of the Clean Water Act

Posted on September 25, 2010
Robert W. Adler (Utah) has posted Resilience, Restoration, and Sustainability: Revisiting the Fundamental Principles of the Clean Water Act, Washington U. Journal of Law and Policy, Vol. 32, p. 139 (2010). The abstract: The last truly significant revisions to federal...

Kotkin: Why Housing Will Come Back

Posted on September 25, 2010
On his New Geography blog for Forbes, Joel Kotkin has an essay on why he thinks there will be a resurgence in the housing market starting later this decade: Why Housing Will Come Back. He begins with a historical observation:...

Alexandre on Navigating the Topography of Inequality Post-Disaster

Posted on September 24, 2010
Michele Alexandre (Mississippi) has posted Navigating the Topography of Inequality Post-Disaster: A Proposal for Remedying Past Geographic Segregation During Rebuilding, a chapter from the book Law and Recovery from Disaster: Hurricane Katrina, edited by Robin Paul Malloy for the Ashgate...

DOJ Report on RLUIPA at 10 Years

Posted on September 23, 2010
The Department of Justice this week issued a report on its decade of enforcement actions since the enactment of the Religious Land Use and Institutionalized Persons Act (RLUIPA). From the press release: RLUIPA protects places of worship and other religious...

Cole & Ostrom on Property Systems and Rights in Natural Resources

Posted on September 23, 2010
Daniel H. Cole (Indiana-Indianapolis, Law) and Elinor Ostrom (Indiana-Bloomington, Political Science) have posted The Variety of Property Systems and Rights in Natural Resources--An Introduction. The abstract: Property theory has not kept pace with the growth of empirical and historical information...

EJ Conference at FAMU

Posted on September 22, 2010
Thanks to John Bonine for the heads' up about this: Florida A&M University (FAMU) College of Law and the FAMU Center for Environmental Equity and Justice invite you to attend "New Directions in Environmental Justice, An Environmental Law and Justice....

Lovett on Progressive Property in Action

Posted on September 22, 2010
John A. Lovett (Loyola--New Orleans) has posted Progressive Property in Action: The Land Reform (Scotland) Act 2003. The abstract: This article responds to a material deficit at the heart of American property law scholarship. For years, property scholars have debated...

A Return of Neighborhood Schools?

Posted on September 21, 2010
One of the biggest losers in the spread of sprawl has been the good ole' neighborhood school. If you're like me, you might have walked or biked to elementary school with other kids from the neighborhood. Unfortunately, the era of...

Batchis on Euclid and Urban Sprawl

Posted on September 21, 2010
Wayne Batchis has published Enabling urban sprawl: revisiting the Supreme Court's seminal zoning decision Euclis v. Ambler in the 21st century in the Virginia Journal of Social Policy & the Law. Here's the abstract:Today, many urbanists look back at our...

Increased Density For...Cattle?

Posted on September 18, 2010
A good friend of mine who used to live in Montgomery is taking a leading role in developing sustainable land practices (you can read more about the company Chad Adams works with here). He recently forwarded me a fascinating Time...

Planning, Law, and Property Rights: Fifth International Conference

Posted on September 18, 2010
From Eran Kaplinsky (Law, University of Alberta): The International Academic Association on Planning, Law and Property Rights will be holding its fifth annual conference on May 26?28, 2011, at the Faculty of Law, University of Alberta in Edmonton, Alberta, Canada...

Constitution Day

Posted on September 17, 2010
Hey everyone, it's Sept. 17, and you know what that means: Constitution Day! (Seems like it just sneaks up on you every year, doesn't it?) Land use law intersects with so many constitutional issues: property rights, takings, religious land use,...

Why Nothing is Perfect...

Posted on September 17, 2010
As readers probably recognize, I'm a big supporter of new urbanism and other efforts toward more sustainable development. These approaches have many benefits both in the short term and long. But, like most things, pragmatism is also part of that...

Dead Cities?

Posted on September 16, 2010
Remember the old, abandoned "ghost" towns of the West. Settlements that dried up and withered away as things like the gold rush faded. The Business Insider site is now offering what it considers to be a new era of "Dead...

USAID Launches "Global Waters" Newsletter

Posted on September 16, 2010
From Dr Rajiv Shah of USAID: Global demand for freshwater is doubling every 20 years, yet water is becoming increasingly scarce in a number of countries, including many in the developing world. As you all know well, water is central...

Judicial Takings--Back to the Supreme Court?

Posted on September 16, 2010
Ilya Somin has an interesting post at the Volokh Conspiracy titled Is the Judicial Takings Issue Headed Back to the Supreme Court? Somin notes that in Stop the Beach Renourishment, the Court split 4-4 on the merits of the judicial...

Shirley Sherrod to Speak at EJ Conference in Gainesville, Ga

Posted on September 15, 2010
By now probably most of you have heard the story of Shirley Sherrod, most recently of the USDA, forced to resign after a highly edited version of an old speech she gave to the NAACP made it seem as if...

Burdon on Wild Law

Posted on September 15, 2010
Peter D. Burdon (Adelaide) has posted Wild Law: The Philosophy of Earth Jurisprudence, Alternative Law Journal, Vol. 35, No. 2, 2010. The abstract: Wild law or Earth Jurisprudence is an emerging theory of law and governance that seeks to evolve...

Shapiro and Burrus on Judicial Takings and Scalia's Shifting Sands

Posted on September 15, 2010
Ilya Shapiro (Cato) and Trevor Burrus (Cato) have posted Judicial Takings and Scalia's Shifting Sands, forthcoming in the Vermont Law Review, Vol. 35. The abstract: In this article, we examine the background of the judicial takings doctrine, discuss the Supreme...

The Perils of Too Many Veggies...

Posted on September 14, 2010
As the popularity of home farming and other forms of micro-farming continues to grow (pun intended), it won't be a surprise to see more disputes like this one resulting from the single and separate use formats of today's typical Euclidean-style...

APA Announces Student Writing Competition

Posted on September 13, 2010
From Alan Weinstein at Cleveland State: The Planning & Law Division of the American Planning Association announces its Twenty-eight Annual Smith-Babcock-Williams Student Writing Competition. The Competition, which honors the memory of three leading figures in American city planning law (R...

Notre Dame Symposium on Urban Development

Posted on September 13, 2010
The Notre Dame Journal of Law, Ethics, & Public Policy has published a Symposium on Urban Development in the 21st Century: Notre Dame Journal of Law, Ethics & Public Policy, Volume 24, Number 1, 2010. FOREWORD: A New Urban Vision...

The Future of Big Box Growth...

Posted on September 11, 2010
One of my students observed the other day that the number of large retail buildings (big boxes like Lowes, Kohls and Walmart) being built seems to have really slowed. I agreed on an anecdotal level because you just don't seem...

Burger on Local Initiatives, Preemption, and the Market Participant Exception

Posted on September 10, 2010
Michael Burger (Roger Williams) has posted It's Not Easy Being Green: Local Initiatives, Preemption Problems, and the Market Participant Exception, published in the University of Cincinnati Law Review, Vol. 78, No. 835, 2010. The abstract: This Article considers whether the...

Alabama and Smart Growth...

Posted on September 09, 2010
Over the years, Alabama has become quite the hotbed for smart growth and new urban efforts. Birmingham, Montgomery, and Huntsville all have experienced this approach to sustainable development (and re-development) to different degrees. Now, South LA (Lower Alabama, that is)...

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