Land Use Law Report

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Searched Library for year - 2012

Land Use Law Report, Annual Index, February 2013

Land Use Law Report, Volume 40, Number 12, December 2012

Easement: Govt.'s Interim-Trail-Use Notice Triggers Rails-To-Trails Taking
Environmental: Threat To Consent Decree Funding Doesn't Warrant Federal Jurisdiction
Preservation: Oregon Statute Does Not Preempt City's Stricter Vegetation Requirements
Preemption: Mobile Home Conversion Procedure Doesn't 'Repeal' Other California Permit Schemes

Land Use Law Report, Number 11, November 2012

Takings: U.S. Supreme Court Considers Takings In Koontz
Historic Preservation: Charleston's Height-Raising Ordinance In Historic District Wasn't Unlawful Sp
Easement: Kansas Prescriptive Easements Require A Claimant's Exclusive Use
Environmental: Government Must Mitigate GMO Effects In Wildlife Refuges

Land Use Law Report, Number 10, October 2012

Mining: The Terms 'Reassign' And 'Reconveyance' Show Intent To Revert Property To Grantor
Taking: 'Invasive' Flood Of Raw Sewage Can Be A Taking
Sovereign Immunity: Katrina Litigation Can't Touch Corps
Historic Preservation: Conservation Group Lacked Standing To Challenge Historic Site's De-Listing

Land Use Law Report, Number 9, September 2012

Telecommunication: Town Couldn't Deny Cell Tower Based On Unsubstantiated Opinion
Zoning: City Ordinance Limiting Billboards To "Harmonious Use" Too Vague
Zoning: Court Reverses $3.6 Million Award To Landowners Who Lost Out On Sale To Wal-Mart
Environmental: 'Dirty Water' Challenge To Industrial Chicken Farm Fails

Land Use Law Report, Number 8, August 2012

Takings: 'Futility Exception' Fails Where Expected Permit Denial Is Based On Conflict Over A Separat
Inverse Condemnation: No Right To Continue Landfill Use When Owner Ceased Use Voluntarily
Utilities/Environmental: Hydropower Projects Can Be Authorized Under Any Nationwide 404 Permit
Inverse Condemnation: Owners Had No Investment-Backed Expectations Where They Shouldered No Risk

Land Use Law Report, Number 7, July 2012

Development: Continuing Moratorium Was Reasonable Way To Limit Development During Appeal
Condemnation: No Inverse Condemnation When Easement And Flooding Are Merely Anticipated
Environment: Agency Relied On Wishful Thinking, Rather Than An EIS, To Address Impact
Historic Preservation: Mere Existence Of Buildings Pending Appeal Cannot Support Continuing Violatio

Land Use Law Report, Number 6, June 2012

Zoning: Business Owners Have Property Interests In Their Business Permits
Easement: Conservation Easement Forbids Owners From Filling Sinkhole
Environment & Historic Preservation: Site-Specific Standing Required To Challenge DOT Act Violat
Trespass: Government May Win Double Damages Following Forest Fire

Land Use Law Report, Number 5, May 2012

Zoning: No Futile Special Use Permit Application Necessary For RLUIPA Complaint
Environment: The Forest Service--Not Ranchers--May Have Wreaked Habitat Damage
Housing: City That Controls Private Subsidized Apartments Must Meet Due Process Requirements
Regulatory Taking -- Historical Preservation: Rejection Of 'Grandiose' Condo Complex Doesn't Preclud

Land Use Law Report, Number 4, April 2012

Easement: Public Easement Is A Right-Of-Way
Environmental: Idaho May Have To Curtail Mega-Loads Clogging A Scenic Highway
Preemption: Local Laws Govern Site Of Natural Gas Facility
Nuisance: Beach Cottages Pose Safety Risk

Land Use Law Report, Number 3, March 2012

Special Issue:rluipa's Substantial Burdens
Use Permit: 'Leapfrog Development' Defense Fails To Hurdle Imposition Of Substantial Burdens
Zoning Law: A Zoning Reg Can Be The Basis Of An RLUIPA Claim
Special Permit: Zoning Board's Arbitrary Rejection Prompts Substantial Burden Finding
Use Agreement: Inconvenience Is Not A Substantial Burden To Religion

Land Use Law Report, Number 2, February 2012

Inverse Condemnation: Development Delay Leads To Impermissible Spot oning
Environmental: One Project's Economic Advantage To Another Does Not Make A NEPA 'Connected' Action
Environmental: Deregulation Of Genetically Modified Crop Did Not Violate Plant Protection Act
Taking: 'Hope' Of A Mitigation Bank Permit Is Not A Compensable Property Interest

Land Use Law Report, Number 1, January 2012

Historic Preservation: Loss Of Architecturally Significant Buildings Negatively Impacts Neighborhood
Taking: Replenished Beach Belongs To State, Not Beachfront Owner
Taking: 'Just Compensation' State Statute Did Not Violate Substantive Due Process
Telecommunications: 'It's An Eyesore' Cell Tower Objection Must Be Accompanied By Expert Analysis