Land Use Law Report

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Searched Library for year - 2011

Land Use Law Report, Annual Index, February 2013

Land Use Law Report, Number 12, December 2011

Environmental: 'Wilderness' Must Offer 'Opportunities For Solitude'
Telecommunications: RF Emissions Not A Valid Basis To Deny Cell Tower Application
Telecommunications: Proof Of Significant Gap In Wireless Coverage Must Be Reliable
Eminent Domain: Lender's Withdrawal Of Funds Doesn't Waive Owner's Right To Challenge Taking

Land Use Law Report, Number 11, November 2011

Zoning: Scenic View Ordinance Too Vague To Enforce
Taking: No Exaction Taking Without Deed
Telecommunications: In Maine, No Suit Before Going Through A Local Planning Board Appeals Process
Inverse Condemnation: Truck Stop Owners Entitled To Compensation For Loss Of Highway Exit

Land Use Law Report, Number 10, October 2011

Historic Preservation: Lessee That Trashed Historic Site Is Liable For Damages Only, Won't Be Ejecte
Environmental: Washington Toxic Cleanup Act Reimburses For Necessary Remediation Only
Younger Doctrine: Private Citizens' Suit To Enforce Landfill Ordinance Doesn't Affect Vital State Fu
Telecommunications: 'Electric Transmission' Easement Might Not Extend To Fiber Optic Transmission

Land Use Law Report, Number 9, September 2011

Trespass: Pesticide Drift Can Be A Trespass
Easement: U.S. Steel Entitled To Easement In Case Power Goes Out
Trespass: Field Dike Is An Improvement
Easement: No Prescriptive Easement For Ditch Carrying Water From Ambiguous Sources
Easement: Landowner Improperly Relied On Government's Oral 'OK' To Interfere With Easement

Land Use Law Report, Number 8, August 2011

Mineral Rights: Vertical Drilling May Exceed Mineral Rights Owner's Limited Easement
Takings: Stabilization Doctrine Held No Sway; Riparian Damage Went On Too Long
Fisheries: Fishery Agency Exercises Too Much Discretion, Contravenes Congressional Directive

Land Use Law Report, Number 7, July 2011

Easements: Railroad Right Of Ways Revert To Landowners, Not Government
Zoning: In Biz Zone, City Cannot Prohibit Church But Allow Private Clubs
Annexation: City Cannot Use Ordinance To Unilaterally Annex Land
Environmental: Subway's Facade Change Was Not A NEPA Violation

Land Use Law Report, Number 6, June 2011

Conditional Use Permit: Case-By-Case Use Permit Application Review Violates Due Process
Historic Preservation: State Road Project Not Subject To National Historic Preservation Act
Environmental: Mine Operations Resume Without New Approval After 17'Year Hiatus
Eminent Domain: Town Improperly Demanded Title To Property In Exchange For Subdivision Approval

Land Use Law Report, Number 5, May 2011

Preemption: Plan To Blow Missouri Levee Not Subject To State Clean Water Act
Just Compensation: Landowner Lost $3.5M In Compensation Under Land Use Regulation Scheme
Eminent Domain: Federal Rail Law Preempts Eminent Domain Action
Environmental: BLM Has Complete Discretion Over Off-Road Vehicle Use

Land Use Law Report, Number 4, April 2011

Preemption: Local Ordinance Trumps Federal Rail Statute
Environmental: Seed Companies Win Right To Plant Genetically Modified Sugar Beets
Taking: Seven-Year Flood Was Not A 'Permanent Invasion' Of State Forest
Conditional Use: No Taking When County Denied Higher Density Development

Land Use Law Report, Number 3, March 2011

Zoning: A Zoning Reg Can Be The Basis Of An RLUIPA Claim
Preemption: Federal Air Safety Laws Don't Preempt State/Local Environmental Laws
Environmental: Impaired Water Body Status May Cause Decline In Property Value
Quiet Title Act: D.C. Circuit Limits Quiet Title Act To Adverse Claimants

Land Use Law Report, Number 2, February 2011

Historic Preservation: FEMA's 'Phased Approach' To Historic Preservation Review Is OK
Energy: '2009 Update' To FERC Rental Fees Gets Shot Down
Environmental: 9th Circuit Abandons Federal Defendant Rule In NEPA Cases
Regulatory Taking: No Regulatory Taking When Landowner Initiated Process That Led To Regulation

Land Use Law Report, Number 1, January 2011

Zoning: Before Passing Zoning Ordinances, Minnesota Municipalities Must Articulate Rational Basis
Takings: No Physical Invasion Necessary For Railroad Easement Takings Claim
Special Use Permit: Any Rational Reason Prevents Finding Of Animus In Due Process Suit
Easement: Constant Traffic Across Property Should Have Alerted Landowners Of Adverse Use