Land Use Law Report

 
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June 2018 - Volume 46 Number 6, June 2018

Constitutional Amendments

5th Amendment Gives Lessors Compensable Interest In Real Property
7 Mistakes A Land Use Expert Witness Must Avoid
11th Amendment Protects States From Federal Takings Claims
City Cannot Bar Charter School From Commercial Zone
City Ordinance Limiting Posting of Political Signage Violates Constitution
Undesirable Land Use: Growing Weeds Is Not A First Amendment "Expressive Act"

May 2018 - Volume 46 Number 5, May 2018

Nuisance

Poor Wall Design Or Not, Architect Wasn't Liable For A Public Nuisance
Pop-Up Beer Garden In Residential District Can Stay---Even Without Use Permit
Wild Animals' Stench May Be Unpleasant, But It's Not A Public Nuisance
In Vermont, Ugly Is Still Not A 'Nuisance'
Living Restriction For Sex Offenders Is 'Zoning Law' Under RLUIPA
Cell Tower's 'Invasive' Lights Not A Nuisance, Caused No Physical Harm

April 2018 - Volume 46 Number 4, April 2018

Negligence

In Washington, Property Owners Owe No Duty Of Care To Protect Neighbor's Trees
Sewer Gas Nuisance Case Pared Down By Notice Requirement
Nuisance, Trespass & Negligence Claims Require Expert Opinion Regarding Contamination
Clean Air Act Does Not Preempt State Nuisance, Negligence Claims
Federal Flood Statute Doesn't Preempt Negligence Claims Against Flood Determiners

March 2018 - Volume 46 Number 3, March 2018

Federal Emergency Management Agency (FEMA) cases

FEMA Must Reimburse For Differing Conditions On Repair Project
Federal Flood Insurance Law Preempts State Challenges To FEMA Methods
FEMA's 'Phased Approach' To Historic Preservation Review Is OK
Comments On An EIS Must Timely State The Significance Of The Alleged Mistake
FEMA Withheld Project Approval, So County Withheld Payment

Land Use Law Report, Volume 46, Number 2, February 2018

Constitutionality & Sexually Oriented Businesses

Court Stifles Free Speech Claim Since County Provides Plenty Of Opportunities For SOBs
City Can Regulate Sex Shops To Control Secondary Effects Without Violating Free Speech
SOBs Contend Zoning Ordinances Put 1st Amendment Rights In Compromising Position
Prove Ordinance's Constitutionality With Relevant Secondary-Effects Studies

Land Use Law Report, Volume 46, Number 1, January 2018

Adverse Possession

Rural Maine Has High Bar For Adverse Possession
Constant Traffic Across Property Should Have Alerted Landowners Of Adverse Use
Railway Converted To Trail Cannot Be Adversely Possessed
Present 'Clear, Convincing' Facts To Prove Adverse Possession
Repudiation By Co-Tenant Can Be Established As A Matter Of Law