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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

A Big Hurdle to Future Land Development...

Posted on September 29, 2009
While a variety of government officials and media outlets are suggesting (if not outright proclaiming) the Great Recession to officially be over, there is still a big hurdle facing land development (both residential and commercial): the shadow inventory...

Getting Started

Posted on September 29, 2009
Many thanks to Joe Hodnicki for getting us started! We're busy right now in Charleston, SC, at the Charleston School of Law working with one of the nation's oldest (and latest) preservation law, following adoption in 2008 of a new...

Project Development Class Simulation...

Posted on September 28, 2009
Well, I suppose its fitting that my first Land Use Prof blog post will occur just minutes before the Land Planning and Development course that I teach here at Faulkner. This semester, I've eliminated the textbooks and hornbooks and replaced...

Signing on to the Blog

Posted on September 28, 2009
I'm Jamie Baker Roskie and I'm one of the new co-editors of the Blog. As Matt Festa has already mentioned, I'm the managing attorney of the Land Use Clinic at the University of Georgia. The Clinic started in 2002, and...

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Welcome Back to the Land Use Prof Blog!

Posted on September 27, 2009
The Land Use Prof Blog is Back! We have a new team of editors on board. My co-editors can introduce themselves in more detail, and over on the left you can find links to our faculty bio pages and publications,...

About Land Use Prof Blog

Posted on August 16, 2009
The Law Professor Blogs Network has ceased publication of this blog.

The end of Land Use Prof Blog ...

Posted on July 12, 2009
The Land Use Prof Blog has been canceled. I pass along my thanks to everyone who has read and commented on this blog over the past three years. For future commentary from me on land use and community development law,...

The risks of relying on rail ?

Posted on July 09, 2009
This is another ?hometown week? post about my old hometown of Silver Spring, Md. I don?t usually write about transportation policy in this blog, in part because the topic can swallow up everything else. But today is an exception. Near...

?Hometown week? ? and the tentative success of diversity ?.

Posted on July 07, 2009
I?m spending July in my old hometown of Silver Spring, Md., which in my humble opinion is a rich locale for examining topics of land use law. Accordingly, I introduce ?hometown week.? Silver Spring is a large suburb in Montgomery...

Floodplains and FEMA ? and parentalism in Washington State ?

Posted on July 01, 2009
In this year of federal government intervention throughout the economy (do we really need standards for light bulbs when we have a cap-and-trade system coming, which would allow for the expression of preferences in carbon emissions?), it is no surprise...

Clash of history and density ?

Posted on June 29, 2009
It?s common to think of community-oriented land use laws ? historic preservation, smart growth, pedestrian-friendly design ? as being complementing pieces of a whole. But this is not always the case: sometimes one goal clashes sharply with another. Let?s continue...

Bright line or discretion in land use law?

Posted on June 25, 2009
The heat of summer draws the mind to the coolness of the Pacific Northwest. But there is a story in the Portland Oregonian that highlights interesting questions about the difficult choices between bright-line rules and discretion in land use law....

?Exacting? a riverfront greenway in Philadelphia? ?

Posted on June 24, 2009
The city of Philadelphia, one of the nation?s oldest, used to have a reputation for being somewhat staid. And this traditional conservatism has been reflected in its land use law. Until recently, Philadelphia followed an unwritten and very old-world-style policy...

Pace Environmental Law Review is now peer-reviewed and seeking articles ?

Posted on June 23, 2009
Continuing with the environmental theme this week, the Pace Environmental Law Review has asked me to pass along the announcement below. As we learn, for example. how suburban lawns affect water quality, how housing density affects air quality, and how...

International perspective: land use law and property in the Amazon

Posted on June 22, 2009
When I was kid in the 1970s, I thought that if I really wanted to get out of going to school, I could head for the Brazilian Amazon, which on my atlas seemed like an endless expanse of impenetrable rainforest....

Striking at the conformity of domestic requirements ?

Posted on June 18, 2009
?Conformity? is a failing of land use that I often attempt to skewer. But as the United States becomes more diverse in myriad ways, and the benefits of diversity become more widely know, governments are slowly breaking down some of...

Who ?pays? for land use lawsuit judgments against a town?

Posted on June 17, 2009
One of the benefits of a system of litigation that allows for the award of punitive and other open-ended ?damages? is that the litigation may force the defendant to ?internalize? the full costs of its actions. A negligent driver not...

When efforts to curb sprawl backfire ?

Posted on June 16, 2009
Ask an economist what happens if you regulate by law the supply of a good, and the economist will tell you that, not only will the price of that good rise, but that people will seek out alternatives that are...

What ? Not every city protects it history??

Posted on June 11, 2009
Tomorrow the climactic game of the National Hockey League season will be played at Joe Louis Arena in ?Hockeytown,? Detroit, Mich., where thousands of rabid fans will pack the downtown riverfront arena. The sight (more crowded for games than those...

Protection for nude dancing, deep in the heart of Texas ?

Posted on June 09, 2009
Whenever I mention to students that some courts have held that ?nude dancing? businesses receive some first amendment protection, I get back snickers and looks of disbelief. I then quickly add that not everyone agrees with this conclusion. Last Friday,...

Who needs the city council?

Posted on June 08, 2009
What?s the role of the local legislature in the creation of land use laws? The history of the past 100 years has been one of a general accretion of power and authority away from city, town, and county councils, and...

If you love land use and politics ?

Posted on June 04, 2009
Scenes from a nation with greater political control over land use: A Chicago alderman was indicted last week for allegedly taking bribes in order to push a major zoning change, while members of Congress yesterday chastised the auto company executives...

Growth control? Don?t you know that there?s a recession on? ?

Posted on June 03, 2009
Florida Governor Crist signed this week a controversial new law that makes it easier to build new development in the sunshine state. Here?s a nearly final version. Much criticized by environmentalists, the bill was signed into law with little ceremony...

No minimum lot size exception for you! ?.

Posted on May 28, 2009
A developer sues and get the right to subdivide into smaller lots than otherwise permitted under local zoning rules, through a state statute designed to build more affordable housing. Can a purchaser from the developer take advantage of this special....

Decline of the yard and rise of the rowhouse ?

Posted on May 26, 2009
For most of a century, the detached home has been the American ideal, and land use laws were crafted to match, foster, and nurture this ideal. But cracks are starting to form. Today, I don't focus on the usual suspects...

Too many businesses ? of your kind, that is ?

Posted on May 20, 2009
The fundamental purpose of the ?variance? in land use law is to provide an outlet when the zoning does not make sense for a particular parcel. Zoning is inherently a blunt instrument, and simply drawing zones on a map may...

A ?sign? of the times ?

Posted on May 19, 2009
One can either frown, chuckle, or ignore the story of the efforts of Reading, Ohio (north of Cincinnati), to regulate the placement of a busty mannequin as an attraction outside a barbecue restaurant. (After asserting that the mannequin was an...

The limits of the appeal of the car-free community ?

Posted on May 18, 2009
Can American communities exist without cars? The New York Times published last week a ?running commentary? on whether American towns can be successful that ban cars, or at least relegate them to outskirts. As assessed by expert contributors and hoi...

A new chapter of the American Dream in Orange County, California ?

Posted on May 12, 2009
For people like me who grew up in 1960s & 70s, Orange County, Cal., and its city of Anaheim seemed like the quintessential white-bread America: Disneyland, outdoor sports, and a sunny sea of suburban houses inhabited by conservative whites, many...

Another perspective on whether cars are loosening their grip ?

Posted on May 08, 2009
Are Americans forsaking their cars ? at least to some extent? I?ve had a number of posts on this over the past year or so. Here?s an interesting perspective from super statistician Nate Silver, in Esquire, who reports on his...

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