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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

Not in My Neighborhood

Posted on May 24, 2010
I am really glad to be joining Land Use Prof Blog as a guest blogger. Over the next few weeks, I look forward to contributing to an already lively discussion. My scholarship and practice interests have recently focused on land...

Schwarz in The Atlantic on Gentrification and its Discontents

Posted on May 22, 2010
Benjamin Schwarz has written a fascinating article in The Atlantic called Gentrification and its Discontents: Manhattan never was what we think it was. The intro: MICHAEL SORKIN, AN architect and critic, and Sharon Zukin, an urban sociologist, have each written...

Federal Eminent Domain on the Border?

Posted on May 22, 2010
In another example confirming my belief that every legal and policy issue ultimately has land use implications, here's an article that touches on border control, the federal stimulus package, agriculture, and eminent domain. From the northern border: Vermont farmer draws...

2010 Endangered Places List

Posted on May 20, 2010
The National Trust for Historic Preservation has released its annual list of endangered places. The list is varied and reflects the expanding nature of preservation. For example, it includes Connecticut's Merritt Parkway and Virginia's Wilderness Battlefield, which may be the...

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Baltimore Public Works Museum

Posted on May 20, 2010
Earlier this month I was in Baltimore for the AALS Clinicians' Conference. The conference itself was a really fantastic opportunity to learn and be with my fellow clinicians. This year the setting was also quite spectacular - we were at...

The 24 Hour Service Project Charrette...

Posted on May 19, 2010
...following up on Matt's post regarding this year's big CNU conference in Atlanta, I'll be heading over this afternoon to present at the SmartCode Intensive part of the event. I'm traveling with Montgomery's planning director, Ken Groves, and a handful...

National Preservation Month: Old is the New Green

Posted on May 19, 2010
Did you know that May is National Preservation Month? The National Trust for Historic Preservation is sponsoring this campaign; their 2010 theme is "Old is the New Green." From their website: The theme for 2010?s National Preservation Month this May....

AALS Mid-Year Meeting on Property

Posted on May 19, 2010
Next month the American Association of Law Schools will have its mid-year meeting in New York, and one of the three primary subject matter workshops this year is the Workshop on Property, June 10-12. There will be a terrific program...

Thomas on the Public Forum Doctrine

Posted on May 19, 2010
David A. Thomas (Brigham Young University) has posted Whither the Public Forum Doctrine: Has this Creature of Courts Outlived its Usefulness?, from Real Property, Probate and Trust Law Journal, Vol. 44, pp. 637-743 (Winter 2010). The abstract: Tracing both the...

The Community Land Trust Reader

Posted on May 19, 2010
From the folks at the National Community Land Trust: THE COMMUNITY LAND TRUST READER A new collection of essays, assembled for the first time, traces the roots, evolution, and prospects of the community land trust -- an innovative model of...

New Partner for Smart Growth - Call for Submissions

Posted on May 19, 2010
From Roberta Lane at EPA: The Call for Session Proposals process for the 10th Annual New Partners for Smart Growth Conference is open until June 30, 2010. To submit a proposal, visit http://www.newpartners.org/session_proposals.html I am very intrigued by the theme,...

Shared Parking as a Solution for Mixed-Use Neighborhoods

Posted on May 19, 2010
This blog post is by guest blogger and UGA 3L (and recent Land Use Clinic alumna) Catherine Mattingly. For a project in the Land Use Planning course I took this semester at UGA Law, I researched shared parking in mixed-use...

The City as Museum

Posted on May 19, 2010
"But if the big city is largely responsible for the invention and public extension of the museum, there is a sense in which one of its own principal functions is to serve as a museum: in its own right, the...

Tulane's Environmental Clinic Under Attack

Posted on May 19, 2010
Recently I posted about an attack by the Maryland legislature on the environmental clinic at University of Maryland. Now the environmental clinic at Tulane is under similar fire. Here's a quote from a recent Times-Picayune article (shared with the environmental...

Congress for the New Urbanism 18: Atlanta

Posted on May 18, 2010
Last week Jamie posted about the "Sprawlanta" video, part of the project American Makeover: An Online Film Series about New Urbanism. "Sprawlanta" won first prize at last year's Congress for the New Urbanism video competition. This week, the Congress for...

Harrison on Law Faculty Ethics and Capture.

Posted on May 18, 2010
Recently a colleague shared with me Jeffrey L. Harrison's "Faculty Ethics in Law School: Shirking, Capture, and "The Matrix" in the University of Detroit Mercy Law Review, 2005. This essay is devoted to the proposition that conditions are ideal for...

Patashnik on Physical Takings, Regulatory Takings, and Water Rights

Posted on May 17, 2010
Josh Patashnik (JD Candidate, Stanford) has posted Physical Takings, Regulatory Takings, and Water Rights, forthcoming in the Santa Clara Law Review (2010). The abstract: Alleged takings of property are divided into two broad categories: physical takings claims, which are categorically...

Dehring & Depken on Watershed Regulation

Posted on May 17, 2010
Carolina A. Dehring (Georgia--Dept. of Insurance, Real Estate, Legal Studies) and Craig A. Depken (North Carolina--Charlotte, Business Admin/Economics) have posted Sharing the Burden of Water Supply Protection, in Regulation, Vol. 33, No. 1, pp. 36-40, Spring 2010 ...

Alexander on Wind Energy in Texas

Posted on May 17, 2010
Alan J. Alexander (JD Candidate, Michigan) has posted The Texas Wind Estate: An Argument for the Recognition of the Wind as a Natural Resource and a Severable Property Interest. The abstract: As a renewable resource, the wasteful practices in the...

The Accidental Landlord...

Posted on May 16, 2010
Back from Korea. And, I'm more and more curious about this continued growth in the number of unintended landlords: Like many homeowners in the housing downturn, Amaya became an unintentional landlord by renting out a property he once hoped to...

"Sprawlanta"

Posted on May 14, 2010
In a funny confluence of events my colleague, Pratt Cassity, sent me a blog by writer Brad Aaron (formerly of Athens, now of NYC) on Streetsblog. The blog is about an episode of the American Makeover webseries on Atlanta. The...

Markell & Ruhl on An Empirical Survey of Climate Change Litigation

Posted on May 13, 2010
David L. Markell (Florida State) and J.B. Ruhl (Florida State) have posted An Empirical Survey of Climate Change Litigation in the United States. The abstract: A quickly growing number of commentators have suggested that the domestic U.S. courts are already...

Introducing James J. Kelly, Jr.

Posted on May 12, 2010
We are delighted to introduce Professor James J. Kelly, Jr. as a guest blogger. Prof. Kelly is an Assistant Professor of Law and Director of the Community Development Clinic at the University of Baltimore School of Law. From his bio:...

Nolon on the Law of Sustainable Development

Posted on May 12, 2010
John R. Nolon (Pace) has posted The Law of Sustainable Development: Keeping Pace, forthcoming in the Pace Law Review. The abstract: This article describes the emerging field of sustainable development law and examines whether it is up to the challenge...

Schneider on Agricultural Law: Food, Farming, and Sustainability

Posted on May 12, 2010
Susan A. Schneider (Arkansas) has posted A Reconsideration of Agricultural Law: A Call for the Law of Food, Farming, and Sustainability, forthcoming in the William and Mary Environmental Law & Policy Review, Vol. 34, p. 95 (2010). The abstract: American...

Hills & Schleicher on Noncumulative zoning as a Gift to Manufacturers

Posted on May 11, 2010
Roderick M. Hills, Jr. (NYU) and David Schleicher (George Mason) have posted A Hidden Gift to Manufacturing, in Regulation, Vol. 33, No. 1, pp. 30-35, 2010. This article is a shorter adapted version of their argument from their forthcoming Chicago...

Nandwa & Ogura on the Urbran Growth Controls and Regional Economic Growth

Posted on May 11, 2010
Boaz Nandwa (American U. Dubai--Business Administration) and Laudo M. Ogura (Grand Valley State--Economics) have posted Do Urban Growth Controls Slow Down Regional Economic Growth? The abstract: Previous studies indicate that urban growth controls (local land use regulations that attempt to...

Victor Flatt Contrasts Deepwater Horizon and Cape Wind

Posted on May 11, 2010
Victor Flatt recently wrote an editorial for the Houston Chronicle entitled "Did a single week reverse energy fortunes forever?" in which he contrasts the fallout from the Deepwater Horizon explosion and the approval of Cape Wind. The confluence of both...

Hollander on Shrinking Cities

Posted on May 11, 2010
Justin Hollander (Tufts--Planning) has posted Moving Toward a Shrinking Cities Metric: Analyzing Land Use Changes Associated with Depopulation in Flint, Michigan, in Cityscape, Vol. 12, No. 1, 2010 . The abstract: Cities around the globe have experienced depopulation or population...

Kelly on Land Trusts that Conserve Communities

Posted on May 10, 2010
James J. Kelly, Jr. (Baltimore) has posted Land Trusts that Conserve Communities, DePaul Law Review, Vol. 59, p. 69 (2009). The abstract: Much has been written about land trusts that conserve wilderness, agriculture or other environmentally beneficial uses that would...

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