Land Use Law Report

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Searched Library for year - 2009

Land Use Law Report, Annual Index, February 2013

Land Use Law Report, Number 12, December 2009

Challenge To EPA/TVA Clean-Up Dismissed As Moot
Environment: Army Must Supplement EIS Based On A Specific Plan If That Plan Changes
Environment: Forest Fire Recovery Plan May Do Short-Term Damage To Promote Long-Term Benefits To Spe
Restrictive Covenants: Restrictive Covenant Release Lifted Transfer But Not Use Restrictions
Adverse Possession: Repudiation By Co-Tenant Can Be Established As A Matter Of Law
Immunity: Civil Conspiracy Is Hard To Prove When Municipal Actors Have Lots of Leeway

Land Use Law Report, Number 11, November 2009

Legislative Immunity Protects Mayor With Vendetta Against Quarry
Valuation Testimony Still Viable Despite Questionable Legal Basi
Use Is Not Adverse And Hostile If You Ask Permission First
Organic Farmer Can’t Sue Government For Presence Of Lead In Soil
Get Municipal Promises Before You Get Re—Zoned
Takings Claim Fails Where Govt. Action Affected Property Adjacent To Claimant’s
Speculative Use Won’t Support Valuation Testimony
If Water Runs Through A Forest And No—One Can See It, It Might Still Be A Nuisance

Land Use Law Report, Number 10, October 2009

Lake Access Easement Could Not Prevent Neighbors From Building Beach
Municipal Immunity Eschews Motives
Prohibited Use Cannot Form Basis Of Valuation
Cell Tower Approval Is Assured When The Tower Is The Least Intrusive Means To Fix A Service Gap
Takings Ripeness Test Applies When Facts Could Support A Takings Claim
Federal Law Limits State Power To Recoup Dam Costs

Land Use Law Report, Number 9, September 2009

B&B Can’t Run A Restaurant In Residential Neighborhood, Despite Zoning Amendment
An Access Road Can Be A Mine
Title Insurer Must Specify Exemptions, Not Just List Document In Which They Are Located
Easement Holders Could Not Stop Street’s Owner From Dedicating Street To The Public
Developer Should Have Appealed Rezoning Decision Regardless Of Possible Futility
Restrictive Covenant Still Good If It Confers A Benefit

Land Use Law Report, Number 8, August 2009

Condemned Land Owners Lose Out On Additional Damages
Complain To FERC About Its Decisions, Not To District Court
Amtrak Boots Encroacher Due To Safety Concerns
Court Okays Compensation Based On Comparison
Safety Trumps Historic Character Of Bridge
Property Owners Donate Easement, Reap Benefits 40 Years Later
Freedom Of Information Act Includes FERC Mailing Lists

Land Use Law Report, Number 7, July 2009

Don’t Dawdle When Fulfilling FERC License Prerequisites
City Must Notify Tax Sale Purchasers Before Demolishing Their Properties
Utility Doesn’t Have Right To Most Convenient Right—Of—Way Access To Its Pipeline
Alleged Fraudulent Subdivision Map Could Not Revive Expired Suit
Federal Enclaves May Give Rise To State Actions
Averaging Should Not Be Used To Calculate Property Value
A Returned Permit Is Not Necessarily A Rejected Permit

Land Use Law Report, Number 6, June 2009

Analyze Rails--To--Trails Takings Claims On Case--By--Case Basis
Texas’s Rolling Easement Doctrine May Constitute Fourth Amendment Seizure
Congressional Intent Behind Land Patent Essential For Easement Actions
Condemnation Need Not Have A Proper Motive, So Long As It Has A Proper Purpose
CleanWater Permit For Small Area Can Trigger Large—Scale Environmental Assessment
Quiet Title Act Statute Of Limitations Sets Hard Deadline

Land Use Law Report, Number 5, May 2009

Expired Quiet Title Act Deadline Prevents Indian Tribes From Reclaiming Government Lands
Denying Access To Private Property Could Be Costly to Municipality
A Significant Decline In Contract Value Alone Cannot Support A Takings Claim
Loss OfWater RightsWithout Notice And Hearing Is Valid 1983 Claim
States Are Not Preempted From Condemning Federally Subsidized Housing

Land Use Law Report, Number 4, April 2009

Landowners Carry Heavy Burden To Prove ZoningWas Meant To Facilitate Condemnation
Federal Law Preempts State Condemnation Of Railroad Property
Court Denies FERC’s Grab For Extra Permitting Power
Flexible EPA Awards Permit To Noncompliant Power Plant
Restriction That DivertsWater Is A Physical Taking

Land Use Law Report, Number 3, March 2009

Option To Buy Is Enough To Show Injury In Fact
A ‘Class of One’ Claim Has MeritWhen Facts Show Irrational, Unequal Treatment
Many Small Acts Can Add Up To Dedications And Easements
Minority Vested Right Rule Requires Permit Application
Only New Pipelines Can Condemn In Massachusetts
Read Potentially Conflicting Statutes HarmoniouslyWhen Possible
Present Facts Simply To Prove Adverse Possession

Land Use Law Report, Number 2, February 2009

Use Plat Labels To Determine Intent Behind Easements
Redundant Avigation Easement Not A Taking
Stick To The Master Zone Plan Or Risk Reversal
Policies Don’t Start Fires Or Cause Takings
Deed Mistake Serves As Basis For Quiet Title
Residential Development Rights’ Phrase Ambiguous Toward Density And Intensity Rights
Mining Company Must Pay For Pipeline Relocation Reimbursement

Land Use Law Report, Number 1, January 2009

Environmental State Statutes Of Repose Don’t Bar CERCLA Claims
Military Interests Weigh Heavier Than Environmental Interests, High Court Finds
Court Looks To Eminent Domain Cases To Analyze TIF Case
Gas Act Has No Quick-Take Power
Wild and Scenic Rivers Act Doesn’t Preempt State Statutes
Malicious Conduct Is OK If There’s A Good Reason


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