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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

Controlled Experiments in Land Use - A Response

Posted on April 26, 2010
Our guest editor Ken Stahl wrote a really interesting post yesterday entitled "Are there 'controlled experiments' in land use? Does it matter?" I was so intrigued by his thought-provoking words that I felt compelled to blog my response, rather than...

Are there "controlled experiments" in land use? Does it matter?

Posted on April 23, 2010
Land use appears to resist easy generalizations. We are often told, for example, that although land use is a formal power of the state, it is a matter of inherently "local" concern, involving fine-grained determinations of how proposed land uses...

Off to Korea...

Posted on April 22, 2010
So what do you do on a 14 hour and 35 minute flight? Hopefully, sleep well, eat lightly, and enjoy some reading time. That's my plan as I fly from Atlanta direct to Seoul this Friday to teach a two-week...

"An Eruption of Unresilience"

Posted on April 22, 2010
On Planetizen, a blog about how the volcanic eruption in Iceland is requiring people to fall back on other forms of transportation, and do without goods the normally get via air transport. Fortunately, Europe has a relatively advanced high-speed train...

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Pils on Property, Dignity, and Growth in Urbanizing China

Posted on April 21, 2010
Here's another article posted by Eva Pils (Chinese University of Hong Kong): Waste No Land: Property, Dignity, and Growth in Urbanizing China. The abstract: The Chinese state does not allow rural collectives to sell land, but takes land from them...

Pils on Peasants' Struggle for Land in China

Posted on April 20, 2010
Another newly posted comparative land use article is from Eva Pils (Chinese University of Hong Kong): Peasants' Struggle for Land in China, in MARGINALIZED COMMUNITIES AND ACCESS TO JUSTICE, pp. 136-160, Yash Ghai and Jill Cottrell, eds., Routledge, 2009...

Texas Sprawl Goes Out With a Bang

Posted on April 20, 2010
They imploded Texas Stadium recently, which was in the suburban city of Irving in the DFW metroplex. What is Irving going to do with all of that land? Turns out they have a plan, as described in this story: Texas...

Keep Portland Precious?

Posted on April 19, 2010
From this month's Economist, an editorial about whether Portland, Oregon's success as a environmentally-friendly, dense, bikable community can be replicated, or whether it is unique. The locals, in fact, enjoy feeling odd: ?Keep Portland weird?, say bumper stickers on the...

Stop the Beach Forum at Florida State

Posted on April 19, 2010
From Robin Kundis Craig at Florida State: I know that many of you are interested in the Stop the Beach Renourishment case currently pending before the U.S. Supreme Court (the "judicial takings" case). On April 7, 2010, the Florida State...

Detroit's Latest Open Space Energizes City

Posted on April 19, 2010
Detroit's "official gathering place," a 2.5 acre green space (Martius Park) in a troubled city center, recently received the Urban Land Institute's Open Space Award, reminding us of the importance of the public realm as a factor of vital cities....

Schindler on LEED and Municipal Adoption of Private Green Building Standards

Posted on April 19, 2010
Sarah Schindler (Maine) has posted Following Industry's LEED: Municipal Adoption of Private Green Building Standards, Florida Law Review, Vol. 62, pp. 285-350, April 2010. The abstract: Local governments are beginning to require new, privately constructed and funded buildings to be...

Van Erp on the European Union DCFR and Property Law

Posted on April 19, 2010
Sjef J.H.M. Van Erp (Maastricht) has posted DCFR and Property Law: The Need for Consistency and Coherence, in COMMON FRAME OF REFERENCE AND EXISTING EC CONTRACT LAW, 2nd. Rev. Ed., pp. 257-269, R. Schulze, ed., Munich: Sellier. European Law Publishers,...

Direct Democracy Replacing the Planning Commission?

Posted on April 18, 2010
Direct democracy takes control of land use decisions? That may be the case if an upcoming ballot measure in Florida passes: ...in November the stakes will get a lot higher for the Sunshine State, with a ballot proposal known as...

APA's National Planning Conference

Posted on April 16, 2010
The American Planning Association held its National Planning Conference, where 5,000 planners met last weekend in New Orleans. Coverage of the conference is available at the APA's website. They have a number of column-length press release articles about each of...

The Economist on Kelo as the worst opinion of Justice Stevens

Posted on April 16, 2010
On the news of Justice Stevens' retirement announcement, I linked to an article by John Echeverria that makes a generally positive portrayal of Justice Stevens' overall legacy in the area of property law. The Economist, however, focuses on his Opinion...

Salkin on Renewable Energy and Land Use Regulation

Posted on April 14, 2010
Patricia Salkin (Albany) has posted a two-part piece on SSRN: Renewable Energy and Land Use Regulation, ALI-ABA Business Law Course Materials Journal, p. 47, February 2010. Here is the link to Part 1 and its abstract: Part I of a...

Chiappetta on The (Practical) Meaning of Property

Posted on April 14, 2010
Vincent Chiappetta (Willamette) has posted The (Practical) Meaning of Property, Willamette Law Review, Vol. 46 (2009). The abstract: The paper argues that defining property functionally ? as a flexible tool for implementing all manner of social decisions allocating control over...

Keep Houston Ugly

Posted on April 14, 2010
So last night after yoga class I'm standing in the check out line at our local Earth Fare and I spot the latest issue of Good. This issue's theme is "Here Comes the Neighborhood." Given all the work I've done...

Easements & Beach Renourishment on the Jersey Shore

Posted on April 14, 2010
You wouldn't know it from watching TV over the last year, but the Jersey Shore isn't just about Snookie and "The Situation" and their boozy boardwalk-and-nightclub lifestyle as displayed on the appalling MTV reality show. Long Beach Island is an...

Justice Stevens (and Echeverria) on property rights

Posted on April 13, 2010
With all the news about Justice Stevens' retirement announcement, I haven't seen any immediate discussions yet of his legacy in the area of property rights and takings. In his 35 years on the Court, Justice Stevens went from joining then-Justice...

Krugman on Georgia Bank Failures

Posted on April 13, 2010
Illustrious economist and New York Times columnist Paul Krugman has directed his learned attention toward the failure of small banks in Georgia. Why? Embarrassingly enough, it's because Georgia leads the nation in bank failures, and the majority of those banks...

Hot Topics in Land Use--ABA Section on State & Local Government

Posted on April 13, 2010
The ABA Section on State and Local Government is focusing on land use for its spring virtual meeting. From the announcement: Land Use Hot Topics Friday, April 30, 2010 A Part of the Section of State and Local Government Law's...

Van Erp on Deconstruction and Reconstruction of European Property Law

Posted on April 12, 2010
Sjef J. H. M. Van Erp (Maastricht) has posted Deconstruction and Reconstruction of European Property Law: A Research Agenda, from LEGAL ENGINEERING AND COMPARATIVE LAW, E. Cashin Ritaine, ed., 2009. The abstract: To develop a truly European property law, which...

Land Use, housing, and the Middle East

Posted on April 12, 2010
A couple of weeks ago, a land use issue became a flashpoint in the continuing discussion over Israel and Palestine. When Vice President Biden was visiting Israel, it was seen as an affront that the Jerusalem planning department announced the...

Singer on Original Acquisition of Property

Posted on April 12, 2010
Joseph William Singer (Harvard) has posted Original Acquisition of Property: From Conquest and Possession to Democracy and Equal Opportunity, forthcoming in Indiana Law Journal. The abstract: First possession is said to be the root of title but the first possession...

Sandercock and Lebovits on NY Landlord-Tenant Law for the Transactional Attorney

Posted on April 12, 2010
Margaret B. Sandercock (Goodfarb & Sandercock) and Gerald B Lebovits (Judge, NYC Civil Court & adjunct prof, St. John's & Columbia) have posted New York Residential Landlord-Tenant Law 101 for the Transactional Attorney, forthcoming in Real Property Law Journal, Summer...

NYT Covers Threats to Environmental Law Clinics

Posted on April 12, 2010
Recently I posted about an attack by the Maryland legislature on the environmental clinic at U. of Maryland. The clinic recently filed suit against Perdue and a local grower over environmental violations in their chicken farming operations. Now the MD...

Malloy on Mortgage Market Reform and the Fallacy of Self-Correcting Markets

Posted on April 10, 2010
Robin Paul Malloy (Syracuse) has posted Mortgage Market Reform and the Fallacy of Self-Correcting Markets, Pace Law Review, Vol. 30, p. 79 (2009). The abstract: The article discusses the mortgage market collapse in connection to the broader financial crisis...

Local Newspaper Editor Learns to Love New Urbanism

Posted on April 09, 2010
Matt Festa alerted me to this piece; apparently he loved his time visiting at UGA so much that he still reads the local paper. One of the editors of the Athens Banner-Herald recently visited Seaside and decided maybe New Urbanism...

More on Modular - Yoga Style!

Posted on April 09, 2010
This month's issue of Yoga Journal magazine has a short article a new eco-friendly modular home in Breckenridge, Colorado. We've blogged modular homes before. Unfortunately YJ doesn't allow access to the current issue on-line. Fortunately the manufacturer of this particular...

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