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Real Estate & Property Law

Land Use Prof Blog Land Use Prof Blog


By Paul Boudreaux

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 11:17:06

Recent Entries: 1142

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Tough Times for Municipalities?

Posted on December 07, 2010
One danger of the continuing downturn is that it becomes a permanent economic correction. This would likely mean a fundamental reconfiguring of city budgets--a shrinking bottom line that would result from decreased buying (reduced sales tax revenue) and decreased real...


Supreme Court to Hear Case on Nuisance & Global Warming

Posted on December 07, 2010
The U.S. Supreme Court granted cert on Monday to hear American Electric Power Company, Inc. v. Connecticut. The case, on petition from the Second Circuit, was brought by several states against the entities they contend are the leading causers of...


The "Build a Better Burbs Idea Competition"...

Posted on November 26, 2010
...has a winner: Architect and educator June Williamson, co-author ofRetrofitting Suburbia, assisted in creating the competition's design brief and selecting the jury. The resulting highly innovative, intriguing concepts offer residents and local governments the tools to carry out new and...


Benson on Environmental Review of Western Water Project Operations

Posted on November 26, 2010
Reed D. Benson (New Mexico) has posted Environmental Review of Western Water Project Operations: Where NEPA has not Applied, Will it now Protect Farmers from Fish?, forthcoming in UCLA Journal of Environmental Law & Policy, Vol. 29, No. 2, 2011....


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Being Smart (Growth) About Environmental Justice

Posted on November 25, 2010
As a clincian who teaches three semesters a year I rarely have the time or opportunity to produce scholarship. When I do, it's usually in collaboration with clinic students. I recently posted a piece on SSRN of which I am...


Thanksgiving 2010

Posted on November 25, 2010
Happy Thanksgiving, everyone. If you care for some holdiay-related land use thoughts, we had some previous posts on Plymouth, MA (site of the Pilgrims' first Thanksgiving*) possibly becoming the Hollywood of the East; Will Cook on The Pilgrims and Land...


CNU President John Norquist...

Posted on November 24, 2010
...gets it right again: As mayor, Norquist tore up more than a kilometre of freeway through Milwaukee, liberating 10.5 hectares of prime land for mixed-use development, with an estimated value of more than $US250 million. He told the conference that....


Schragger on Business Improvement Districts and the Urban Resurgence

Posted on November 24, 2010
Richard Schragger (Virginia) has posted Does Governance Matter? The Case of Business Improvement Districts and the Urban Resurgence, forthcoming in the Drexel Law Review. The abstract: This Essay, written for a conference entitled ?Business Improvement Districts and the Evolution of...


EJ Student Writing Competition Announcement

Posted on November 24, 2010
As previously promised, here is the announcement for the writing competition in conjunction with Ole Miss' Spring 2011 Environmental Justice Symposium. ABA Section of Environment, Energy and Resources in collaboration with the University of Mississippi School of Law STUDENT WRITING...


Take the ELI Survey on the Greatest Environmental Policy Achievements

Posted on November 23, 2010
From the folks at ELI: Please take a few moments to let us know what you think are the greatest environmental policy accomplishments of the past 40 years! As we celebrate the 40th anniversary of the advent of modern environmental...


Hill on Property and the Public Forum

Posted on November 23, 2010
Jessie Hill (Case Western) has posted Property and the Public Forum: An Essay on Christian Legal Society V. Martinez, from a symposium of the Duke Journal of Constitutional Law & Public Policy (2010). The abstract: Christian Legal Society v. Martinez...


Marsh & Pyatt on the Stagnation of Indiana Real Property Law

Posted on November 23, 2010
Tanya D. Marsh (Wake Forest) and April Sparks Pyatt (Ice Miller) have posted The Stagnation of Indiana Real Property Law, Indiana Law Review, Vol. 43, p. 697 (2010). The abstract: This essay argues that common law of real property law...


A Tricky Environmental Scenario...

Posted on November 22, 2010
Environmental advocates are in a tricky situation near Palo Alto as a proposed high speed rail route may endanger a long-standing Redwood tree. The dilemma is all about what environmental issue trumps in this case: save a historical tree or...


I just received this announcement

Posted on November 22, 2010
I just received this announcement from Katie Sheehan at UGA's River Basin Center: The Southeast Smart Growth Network invites you to join us for our first regional video conference showcasing key smart growth initiatives in the Southeast. The hour and...


Head on Grasslands at Risk

Posted on November 20, 2010
John W. Head (Kansas) has posted International Legal Regimes to Balance the Protection of Prairies and Grasslands with Their Agricultural Use Part One ? Grasslands at Risk, a working paper for the Center for International Trade and Agriculture (CITA)...


Ruhl on General Design Principles for Resilience and Adaptive Capacity

Posted on November 19, 2010
J.B. Ruhl (Florida State) has posted General Design Principles for Resilience and Adaptive Capacity in Legal Systems: Applications to Climate Change Adaptation Law, forthcoming in the North Carolina Law Review, 2011. The abstract: No force has put more pressure on...


Juergensmeyer on Rainwater Recapture

Posted on November 19, 2010
Julian Conrad Juergensmeyer (Georgia State) has posted Rainwater Recapture: Development Regulations Promoting Water Conservation, which was published in a symposium issue of the John Marshall Law Review, Vol. 43, p. 359 (2010). The abstract: The increasing need for water conservation...


Zick on the Vocality of Public Places and the Public Forum

Posted on November 18, 2010
Timothy Zick (William & Mary) has posted "Summum," the Vocality of Public Places, and the Public Forum, forthcoming in Brigham Young University Law Review, 2011. The abstract: This contribution to a symposium on the emerging complexities of government speech focuses...


Food Truck Scholarship

Posted on November 18, 2010
Chad has a great post below on the latest craze, food trucks. By coincidence, just yesterday I saw this SSRN paper by Ernesto Hernandez Lopez (Chapman): LA?s Taco Truck War: How Law Cooks Food Culture Contests. The abstract: This paper...


Here Come the Food Trucks...

Posted on November 18, 2010
This NOLA story discusses a phenomenon that is becoming more and more popular in many cities: the food truck. Historically, the term "food truck" often conjures up images of the mobile deli sandwich vehicle stopping at work sites to sell...


Con law geek? Try land use.

Posted on November 18, 2010
I've been thinking for some time that land use just might be the field that has the most interesting constitutional law issues today. Timothy Zick?s article, linked in the post below, is primarily a First Amendment paper. But it?s about...


Kids' Playscape Replicates Planning Problems

Posted on November 18, 2010
From the Conservative Blogger, a post (with accompanying photo) about how the children's play area at the Salt Lake City airport inadvertently (or cleverly) replicates the typical planning dilemas of a small town. My favorites: Underutilized Downtown: Even without those...


McAllister on Enforcing Cap and Trade

Posted on November 17, 2010
Lesley K. McAllister (San Diego) has posted Enforcing Cap and Trade: A Tale of Two Programs, from San Diego Journal of Climate & Energy Law, Vol. 2, 2010 The abstract: The ease of enforcement is often identified as a benefit...


Today - Wind Ordinances Webinar

Posted on November 17, 2010
The US Department of Energy is hosting a webinar today: Wind Energy Ordinances Webinar Date: 11/17/2010 Contact: Susan Hinnen, NREL 1:00 p.m. Mountain Time Join us for a discussion on wind energy ordinances and new tools being developed by Wind...


Johnson on En Masse Evictions Caused by Subprime Crisis

Posted on November 16, 2010
Creola Johnson has published Renters evicted en masse: collateral damage arising from the subprime foreclosure crisis in the Florida Law Review (62 Fla. L. Rev. 975 (2010), in case the Hein Online link doesn't work). From the introduction: Across the...


Miller on the Strategic Default Debate Among Contract Scholars

Posted on November 16, 2010
Meredith R. Miller (Touro) has posted Strategic Default: The Popularization of a Debate Among Contract Scholars, forthcoming in the Cornell Real Estate Law Journal. The abstract: A June 2010 report estimates that roughly 20% of mortgage defaults in the first...


School Locations and Student Safety...

Posted on November 15, 2010
Can where a school is located affect how safe its students and other workers/guests really are? This Atlanta Journal Constitution op-ed argues the it definitely does: The immense burden of traffic-related deaths should make roadway safety an absolute priority for...


McCarty on Crime in Mobile Home Communities

Posted on November 15, 2010
William P. McCarty (Criminology, Law, & Justice, U. of Illinois-Chicago) has posted Trailers and Trouble? An Examination of Crime in Mobile Home Communities, in Cityscape, Vol. 12, p. 127 (2010). The abstract: The purpose of this study is to ascertain...


Claeys on Exclusion and Exclusivity in Gridlock

Posted on November 14, 2010
Eric R. Claeys (George Mason) has posted Exclusion and Exclusivity in Gridlock, forthcoming in the Arizona Law Review, Vol. 53 (2011). The essay reviews Michael Heller's Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives (2008)...


NY Times on DC Building Height Limits

Posted on November 14, 2010
The New York Times has an interesting article on the current discussion about the building height limits in Washington DC: In the Capital, Rethinking Old Limits on Buildings. From the intro: Its low-slung architecture is no accident. In 1910, Congress...


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