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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

Virtual Speaker Series

Posted on February 22, 2011
One of the many exciting things I am engaged in this month is Mercer's Environmental Law Virtual Guest Speaker Series. Students at Mercer and elsewhere listen to recorded presentations on different topics by law professors across the country. Unsurprisingly, my...

The Scourge That is Robert Mugabe...

Posted on February 21, 2011
Long known (and deservedly so) as one of the most brutal dictators to ever live, Robert Mugabe, Zimbabwe's sociopathic scourge of a president, also has a strong land use connection. In particular, Mugabe has implemented a crony-based land redistribution policy...

Interdiscplinary Interactions

Posted on February 20, 2011
February has been a busy but exciting month for me. I have agreed to a few speaking engagement and have found all of them to be worthwhile and stimulating. I spoke about my research on the Enforceability of Exacted Conservation...

Land Trust Sued Over Conservation Easement Enforcement (or lack thereof)

Posted on February 19, 2011
Those of us who study conservation easements don't have a wealth of case law to debate and scrutinize (query whether that is a bad or good thing). So perhaps it is understandable that we get excitable when there is even...

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Landowners Ignorant About Encumberances on Their Land

Posted on February 19, 2011
It is perhaps not surprising to many of us that landowners don't understand the encumberances on their land. If someone has never heard the term "conservation easement" before, it's not surprising that they don't understand what it means when they...

Toomer's Corners Trees Poisoned

Posted on February 19, 2011
I've just begun following the story of the poisoning of the trees at Toomer's Corner in Auburn, Alabama. For those of you who do not follow American college football, this story needs some background. (And some full disclosure - my...

Land Use and Labor Law

Posted on February 19, 2011
While my family members continue to occupy the state capitol in Madison along with thousands of others seeking to protect workers' rights in Wisconsin, I have been avidly reading all the news coverage. Rick Hills at PrawfsBlag has an interesting...

Callison on the LIHTC and Geographic Desegregation

Posted on February 18, 2011
Bill Callison (Faegre & Benson, LLP; also ABA Forum on Aff. Housing and Comm. Dev. Law) has posted Achieving Our Country: Geographic Desegregation and the Low-Income Housing Tax Credit, 19 S. Cal. Rev. L. & Soc. Just. 213 (2010). Here's...

Ready for an "Aerotropolis"?

Posted on February 18, 2011
So what is an aerotropolis exactly? It?s a city that?s built around an airport, the bigger the better, with factories and/or traders, both depen-dent on air freight, close by, followed by a ring of malls and hotels, followed by a...

Cities as portfolios

Posted on February 18, 2011
I have been very pleasantly distracted from posting this week as Robin Malloy has been visiting in Cardiff. On the way to sample the delights of Cardiff's pubs and restaurants Robin has had to listen to my rant nuanced discussion...

NPR on Desegregation's Dragging Pace

Posted on February 18, 2011
This morning NPR broadcast an interview with Brown sociologist John Logan regarding his research on the intractability of black-white residential segregation. Logan documents the persistent unwillingness of Whites to move into stable neighborhoods in which African-Americans make up 40% or...

Garnett on Mixed Land-Use Urban Neighborhoods

Posted on February 17, 2011
Nicole Garnett (Notre Dame) has added to her extensive body of work on land use, order, and quality of life in America's cities (read her book Ordering the City) by posting The People Paradox on SSRN. Here's the abstract: American...

Lincoln Institute Report on Explosive Growth of Developing World's Largest Cities

Posted on February 17, 2011
The Lincoln Institute for Land Policy has made available its report, Making Room for a Planet of Cities. The report predicts a rapid increase in the population of the developing world's largest cities in combination with a concurrent decrease in...

Kahn, Vaughn, & Zasloff on the Housing Market Effects of Discrete Land Use Regulations

Posted on February 17, 2011
Matthew E. Kahn (UCLA, Inst. of Environment; Economics; Public Policy), Ryan Vaughn (UCLA, Economics), and Jonathan Zasloff (UCLA, Law) have posted The Housing Market Effects of Discrete Land Use Regulations: Evidence from the California Coastal Boundary Zone, Journal of Housing...

Atlantic Yards

Posted on February 17, 2011
Perhaps I am late to the game on this one, but I just saw the trailer for a documentary about the Atlantic Yards controversy. The movie, called Battle of Brooklyn, tells the story of Brooklyn's use of eminent domain to...

Tax Breaks For Conservation Easements May Get Even Sweeter

Posted on February 17, 2011
As some of you may know, I am obsessed with intrigued by conservation easements. A strong motivator for some conservation easements (but not all or even necessarily most) is the availability of federal income tax deductions. A current bill in...

Gonzalez on Climate Change and Community-Based Food Production

Posted on February 16, 2011
Carmen Gonzalez (Seattle) has posted Climate Change, Food Security, and Agrobiodiversity: Toward a Just, Resilient, and Sustainable Food System. Here's the abstract: The global food production system is in a state of profound crisis. Decades of misguided aid, trade and...

Buffalo Bans Hydraulic Fracturing

Posted on February 16, 2011
The common council of Buffalo voted unanimously last week to ban all hydraulic facturing in the city. Following in the footsteps of Pittsburgh, Buffalo is the second city to have such a ban. Notably, there haven't actually been any proposals...

Moore on Practicing Before a Board of Adjustment

Posted on February 16, 2011
One teaching objective that I have for the land use class is for the students to understand that a land use practice is not a typical litigation practice, and that most of the work gets done in negotiations or practice...

"Slow Development"...

Posted on February 16, 2011
Here's an interesting article discussing the burgeoning idea of "slow development" and how the new economic realities are refocusing how we build and develop: Fresh from a Smart Growth conference in Charlotte, N.C., Windsor Councilwoman Debora Fudge tweeted this week...

Land Use Journals

Posted on February 16, 2011
We all know about SSRN ejournals and the Current Index of Legal Periodicals, but increasingly the research that interests me is coming out in peer reviewed social science and natural science journals. Here are a few of my favorite that...

Subdivision Ruins...

Posted on February 15, 2011
Acclaimed architect Steve Mouzon has been cataloging what he calls "Subdivision Ruins" throughout the country. These are subdivisions and other developments that have essentially been abandoned despite extensive infrastructure and even partially constructed homes...

Atlantic Magazine on Skyscrapers as Sprawl Prevention

Posted on February 14, 2011
This month's Atlantic has an article on skyscrapers. Here's the blurb: Besides making cities more affordable and architecturally interesting, tall buildings are greener than sprawl, and they foster social capital and creativity. Yet some urban planners and preservationists seem to...

Protest and Public Space

Posted on February 13, 2011
Listening to events unforld in Tahrir Square reminds me once again the topography of protest. Land use lawyers are only to aware how spatial the right to free speech is in practice, location is so often central to the message....

Weekend Break...

Posted on February 13, 2011
This weekend, NPR aired two interesting stories that Land Use types like us might find interesting. The first is a story about the new book "Triumph of the Cities" which argues that urban centers are actually much more sustainable than...

Eagle on Urban Revitalization, Eminent Domain, and Jane Jacobs

Posted on February 13, 2011
Steven J. Eagle (George Mason) has posted Urban Revitalization and Eminent Domain: Misinterpreting Jane Jacobs, forthcoming in the Albany Government Law Review. The abstract: This article reviews the implications for land use policy of Jane Jacobs? The Death and Life...

Are the most productive environmental law scholars writing about land use?

Posted on February 13, 2011
Bridget Crawford and Emily Waldman at Pace have been doing some interesting research (especially considering the fact that neither one is an environmental law or land use professor). They have put together a list of the most productive environmental law...

Merrill and Smith on Coasean Property

Posted on February 12, 2011
Thomas W. Merrill (Northwestern) and Henry E. Smith (Yale) have posted Making Coasean Property More Coasean, forthcoming in the Journal of Law and Economics. The abstract: In his pioneering work on transaction costs, Ronald Coase presupposed a picture of property...

Mixed Use Funding...

Posted on February 11, 2011
For a long time, one of the biggest hurdles to building a mixed-use project were zoning codes that segregated uses by type and, generally, did not allow the mixture of compatible uses. To a large degree, even cities with Euclidean-focused...

Fort on Laches and Indian Land Claims

Posted on February 11, 2011
Kate Fort (Michigan State) has posted Disruption and Impossibility: New Laches and the Unfortunate Resolution of the Iroquois Land Claims in Federal Court, 11 Wyo. L. Rev. ____ (forthcoming 2011). Here's the abstract: That the law changes over time is...

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