Land Use Law Report

 
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Searched Library for year - 2008
 

Land Use Law Report, Annual Index, February 2013


Land Use Law Report, Number 12, December 2008

Environment: No Drilling Without 'Hard Look’ At Environmental Impacts
Building Permit: Town Must Appeal Building Permit Before Filing Mandamus Petition
Condemnation: City Bulldozed Condemned Building During Owner’s Attempt To Repair
Valuation: Court Properly Relied On Government Data For Valuation
Marketable Title: Expired Variance Nullifies Marketable Title
Preemption: Rail Facilities Not Subject To State Nuisance Law
Sign Ordinance: Billboard Ordinance Is Unconstitutionally Vague, Court Declares
Right--of--Way: Tree Removal For Safety Is Constitutional

Land Use Law Report, Number 11, November 2008

Ripeness: Proposed Zoning Amendment Is Too Speculative For Challenge
Easement: No Easement By Necessity Where Alternate — Even Inconvenient — Access Is Possibl
Historic Preservation: Historic Preservation Funds Don’t Apply To Existing Parks
FERC: Natural Gas Condemnation Authority Extends Past Pipelines
Condemnation Valuation: No Per Se Rule Against Admitting Post-Taking Comps
Preemption: Clean Water Act Does Not Preempt State Common Law Claims
Preemption: Safe Runways Trump Local Regulations

Land Use Law Report, Number 10, October 2008

Veterinary Clinic Is A Health-Oriented Facility, Court Rules
Private Improvement To A Public Easement Gets Green Light
Don’t Cherrypick Ordinance Provisions
FERC Preliminary Permit Doesn’t Confer Federal Subject Matter Jurisdiction
Award Under Substitute Facilities Doctrine Can Include Cash
Court Broadly Construes ’Possible’ In Swampbuster Law
Less Desirable Means Of Ingress Is Not A Taking
A Rental Property Isn’t A Commercial Enterprise

Land Use Law Report, Number 9, September 2008

E. Coli Contamination Has Nothing To Do With Drain-Maintenance Fees, Appellate Court Rules
Why Non-Use Of Access Road Doesn’t Necessarily Extinguish Easement
Sovereign Immunity Won’t Save A State Government In This Case
Failure To Obtain Certificate Of Constructive Approval Gives Board A Leg Up In Rescission Case
A Fine Line Exists Between Implied Easement By Necessity And By Convenience
Preemption State Action Won’t Contest Destruction Of Railroad Crossings
Attention: This Is Your 2nd-To-Last Print Issue. Your Content-Rich, Online-Only Newsletter Is Coming
Abstention: Abstention Keeps A Vested Rights Case From Summary Judgment
Expert Testimony Any Valuation Testimony Must Connect To Market Effects

Land Use Law Report, Number 8, August 2008

No New Permit Needed For New Stock Pond In Existing Farm
Special Use Permit For Bottled Water Is In The Public Interest
Court Holds Dogs Can Be Livestock
Developer Limited To Golf Carts On Easement
Rural Maine Has High Bar For Adverse Possession
State Law, Not Federal Law, Preempts Nuisance Claim
No New Permit Needed For New Stock Pond In Existing Farm
Environmental Challenge Fails — Intervenors Lacked Standing

Land Use Law Report, Number 7, July 2008

State Law Attempts To Prohibit Natural Gas Terminal, But A Misstep Makes It Unenforceable
EPA Maintains Emissions Status Quo, Despite Health Risk Allegations
Loggers Can’t Prevent Forest Fires, Says Appeals Court
State Agency’s Construction Delays Constitute A Taking
‘Unity Rule’ Applies To Tenants’ Use Of Property, Not Owner’s
Anticipatory Taking Disallowed For Gas Company
Riverboat Casinos Made To Pay For Horse Racing In Illinois

Land Use Law Report, Number 6, June 2008

Vesting Tentative Maps Don’t Freeze Time
Revocation Of Unusual Use Permit Is Not A Taking
Don’t Interfere With A Natural Gas Pipeline
City Ordinance Stops Travel Plaza
11th Amendment Protects States From Federal Takings Claims
Fishing Vessel Shut Out Of Whiting Fishery To Stem Conservation Threat
No Pretext Where Ordinance Impacted Different Properties

Land Use Law Report, Number 5, May 2008

Good News: Condemnation May Not Affect Title’s Merchantability
Vested Interest Claims Are Difficult To Prove In Zoning Application Stage
Property Owners: Make Sure The Phone Company Is Abiding By Its Easement
Attention: Municipalities Must Pay The Price For Advantageous Property
Florida Utility Forced To Pay Attorney Fees On $1,938,000 Condemnee Benefit
Careful: Expression Of Intent To Take Does Not Constitute A Taking
Remember That Special Use Permits Don’t Allow For Changes In Land Use

Land Use Law Report, Number 4, April 2008

Court Rejects Per Se Admission Of Previous Valuations In Condemnation Actions
Ordinance Improperly Favored Natural Resources Over Cultural Resources
Court Denies Equitable Estoppel Against Government Entity
Refusal to Negotiate Leads to Condemnation by Eminent Domain
Court Finds Prescriptive Easement, Not Adverse Possession
Homeowners Close in Porch, Violate Land Use Ordinance
Reader Questions: New Jersey Redevelopment Law’s Notice Provisions Violate Due Process

Land Use Law Report, Number 3, March 2008

E. Coli Contamination Has Nothing To Do With Drain-Maintenance Fees, Appellate Court Rules
Why Non-Use Of Access Road Doesn’t Necessarily Extinguish Easement
Sovereign Immunity Won’t Save A State Government In This Case
Failure To Obtain Certificate Of Constructive Approval Gives Board A Leg Up In Rescission Case
A Fine Line Exists Between Implied Easement By Necessity And By Convenience

Land Use Law Report, Number 2, February 2008

5th Amendment Gives Lessors Compensable Interest In Real Property
Court Supports No-Blood-Sacrifice Ordinance, Despite Religious Implications
Land-Use Regulation Waivers Get Even More Complicated In Oregon
Appellate Court Overturns Injunctive-Relief Ruling Because Lower Court Lacked Personal Jurisdiction
Court Deems Old Deeds Too Vague To Assign Ownership Of Entire Lake To One Party
No Spot Assessment Means Board Was In The Right
Dedication Of Property For A Public Park Can Last A Lifetime ...quot; Even If The Current Owners Don

Land Use Law Report, Number 1, January 2008

A Superior Court Cannot Decide A Site-Specific Rezone’s Compliance In This Situation
Default-Permit Entitlement Is A Tough Row To Hoe
County Cannot Violate Law’s Uniformity Requirement When Granting Conditional Use Permits
Different Versions Of A Site Plan May Not Give A Group Opportunity To Claim Due-Process Rights Viola
Court Allows Defendants To Add Expert Exhibits To Their Final Trial Exhibit List