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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

Shhhh....

Posted on July 21, 2010
Noise and light ordinances have always been interesting to me, primarily because they often accentuate legitimate disconnects between certain types of development. For instance, many cities want bright lights and interesting sounds in those areas of town where evening activity...

Benson on Modern-Day Reclamation Statutes

Posted on July 20, 2010
Reed D. Benson (New Mexico) has posted New Adventures of the Old Bureau: Modern-Day Reclamation Statutes and Congress' Unfinished Environmental Business, forthcoming in Harvard Journal on Legislation. The abstract: Congress established the reclamation program in 1902, and the hundreds of...

Starting Land Use

Posted on July 20, 2010
My apologies for reminding everyone that the beginning of the fall semester is just around the corner, but since registrars everywhere will soon be calling for syllabi, it seems like an appropriate occasion to get some perspectives on starting off...

Leshy on a Property Clause for the Twenty-First Century

Posted on July 19, 2010
John D. Leshy (Hastings) has posted A Property Clause for the Twenty-First Century, published in University of Colorado Law Review Vol. 75 (2004). The abstract: This article tries to draw some lessons from the way the Supreme Court has addressed...

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House Bill Addresses Flooding and Land Use Issues...

Posted on July 19, 2010
Awhile back, I posted on the wisdom (or lack thereof) in building buildings in flood-prone areas and how the current federal flood insurance program essentially subsidizes such risky behavior. Now, I'm not suggesting that House members read Land Use Prof...

Hester & Wright on the Shifting Scope of Railroad Easements

Posted on July 16, 2010
Jeffrey Hester (William J. Tucker & Assocs.) and Danaya C. Wright (Florida) have posted Pipes, Wires, and Bicycles: Rails-to-Trails, Utility Licenses, and the Shifting Scope of Railroad Easements from the Nineteenth to the Twenty-First Centuries, published in Vol...

Chen on Property Law & Property Rights in China

Posted on July 15, 2010
Albert H.Y. Chen (Hong Kong) has posted The Law of Property and the Evolving System of Property Rights in China. The abstract: The enactment of the Law of Property (LP) 2007 in China has been hailed as a milestone in...

64.5 Million Vacant Homes...

Posted on July 15, 2010
One of the tricky things facing many U.S. jurisdictions is the number of houses and apartments sitting empty. Among other things, these can increase crime and other safety hazards. Plus, from the private side of things, its a huge drain...

Haar and Wolf on Planning and Law

Posted on July 14, 2010
Charles M. Haar (Harvard) and Michael Allan Wolf (Florida) have posted Planning and Law: Shaping the Legal Environment of Land Development and Preservation, published in Environmental Law Reporter, Vol. 40, No. 4, pp. 10419-10431, 2010. The abstract: It has been...

Leinberger (vs. Kotkin): Walking--Not Just for Cities Anymore

Posted on July 13, 2010
On The New Republic's excellent "The Avenue" blog, Christopher Leinberger (author of The Option of Urbanism) discusses a recent Brookings debate with Joel Kotkin (author of The Next Hundred Million: America in 2050). From Walking--Not Just for Cities Anymore, Leinberger...

Hudson on The Public and Wildlife Trust Doctrines and the Lucas Remand

Posted on July 13, 2010
Blake Hudson (Stetson) has posted The Public and Wildlife Trust Doctrines and the Untold Story of the Lucas Remand, published in Columbia Journal of Environmental Law, Vol. 34, No. 1, 2009 . The abstract: Government attempts to protect ecosystems on....

John Echeverria Announces Upcoming Takings Conference

Posted on July 13, 2010
13th Annual Takings Conference July 13, 2010 The 13th annual edition of the Conference on Litigating Regulatory Takings Challenges to Land Use and Environmental Regulations will be held at U.C. Berkeley School of Law in Berkeley, California on November 5,...

Land Use and Community Health...

Posted on July 12, 2010
The Robert Wood Johnson Foundation and the University of Wisconsin recently released information related to county health rankings. This guest column in Daytona Beach News-Journal shares some interesting thoughts about that information and focuses on how land use policies can...

Lehavi on the Global Law of the Land

Posted on July 12, 2010
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Global Law of the Land, University of Colorado Law Revew, vol. 81, p. 425 (2010). The abstract: Are we witnessing the gradual universality of national land laws,...

Saxer on the Fluid Nature of Property Rights in Water

Posted on July 11, 2010
Shelley Ross Saxer (Pepperdine) has posted The Fluid Nature of Property Rights in Water, forthcoming in Duke Environmental Law & Policy Forum (2010). The abstract: In this article, Professor Saxer discusses how the understanding of private and public rights in...

NYC Charter Review Commission staff Preliminary Report

Posted on July 10, 2010
The other day we mentioned the New York City Charter Revision Commission. Yesterday the Commission staff issued its Preliminary Report, available here. The Commission has noticed a public meeting for Monday, July 12 (viewable by live streaming at the Commission...

Salkin & Kansler on Medical Marijuana Meets Land Use

Posted on July 10, 2010
Patricia E. Salkin (Albany) wrote to let us know that she and Zachary Kansler (Albany) have posted Medical Marijuana Meets Land Use: Can You Grow, Smoke, and Sell that Here? The abstract: Fourteen states currently permit the medical use of...

Land Development and LeBron...

Posted on July 10, 2010
Okay, so yes, every blog must post some angle about something to do with the LeBron "Decision". Indeed, none other than the giant FTC is secretly demanding and monitoring compliance with this hush-hush dictate. Unfortunately, for land use types, it...

Newly Minted Lawyer Fights Controversial Infill in the Hamptons

Posted on July 09, 2010
From The New York Times, an interesting article about a woman who went to law school as a retirement activity, and is now fighting teardowns and McMansions in her modest subdivision in the Hamptons:Ms. Konrad has achieved a level of...

BP Blowout Lecture Series at Tulane Law

Posted on July 09, 2010
From Oliver Houck: We will be preparing a series of background lectures on the BP blowout this fall at Tulane Law School, covering basic tech, engineering, science, law and policy issues. They will set a stage for several courses on...

Hudson on Eminent Domain Due Process

Posted on July 07, 2010
D. Zachary Hudson (J.D., Yale) has published Eminent Domain Due Process, 119 Yale L.J. 1280 (2010). The abstract: This Note analyzes the apparent disconnect between eminent domain doctrine and due process doctrine. Following Kelo, numerous states have reformed their eminent...

Enough with Jane Jacobs Already?

Posted on July 07, 2010
Check out this really interesting piece from the Wall Street Journal: Enough With Jane Jacobs Already, by Andrew Manshel. Manshel is with the nonprofit Greater Jamaica Development Corp. He argues that while Jane Jacobs was right about many things, the...

Homeownerhsip: The Chinese Dream (and prerequisite for love)?

Posted on July 07, 2010
We've posted a few times on the concept of property- (specifically home-) ownership as the central definition of the "American Dream," and I've critiqued the concept. One of the underlying questions is whether there is something uniquely, culturally "American" in...

Carp-Pocalypse?

Posted on July 07, 2010
We don't do a whole lot of fish-blogging over here, because, well, it is the Land Use Prof Blog. But land use law and practice is becoming more and more entwined with water, wetlands, environmental, and ecosystem law and policy...

Lewyn on What Coase Would Do About Parking

Posted on July 07, 2010
Michael Lewyn has posted a new draft article called What Would Coase Do (About Parking Regulation)? The abstract: Like many government regulations, municipal minimum parking requirements exist to prevent externalities - most notably the congestion, pollution and greenhouse gas emissions...

Subway Expansion in the City of Lost Angels...

Posted on July 06, 2010
According to this article, it looks like Los Angeles is finalizing plans to extend its subway system. If you've been to LA and attempted to use mass transit to get around, you've probably realized that the subway system really needs...

Farber on Owning Up to the Environment

Posted on July 05, 2010
Daniel A. Farber (Berkeley) has posted Owning Up to the Environment. The abstract: This essay argues that, rather than being a constitutional bulwark against environmental regulation, certain kinds of property rights can actually ease constitutional barriers created by current Supreme...

Citizen Juries?

Posted on July 05, 2010
Here's an interesting idea from a Vancouver Sun writer: Some are beginning to realize, however, that the process of soliciting the public's opinion on how our cities should be developed has become out of hand, and public engagement is seriously...

Merkel in NYT on When Less Was More in Housing

Posted on July 03, 2010
In the New York Times Opinionator Blog, architectural historian Jayne Merkel has published When Less Was More. She notes the overlooked fact that for most of the "golden age" of American suburban expansion in the postwar years, the average suburban...

Byrne on Regulatory Takings and Climate Change

Posted on July 02, 2010
J. Peter Byrne (Georgetown) has posted Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change, Vermont J. of Envt'l Law, Vol. 11 (2010). The abstract: In several recent cases considering claims that regulatory measures...

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