Land Use Law Report

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Searched Library for year - 2013

Land Use Law Report, Volume 41, Number 12, December 2013

Environmental: Citizens Must Defer To Govt. Suits Against Clean Water Act Violators
Easements: Dedication Of Street Didn’t Extinguish Easement In Alley
Zoning/Use Permit: Denial Of Mental Health Facility Permit Was Arbitrary And Capricious
Takings/Just Compensation: Govt.’s Reasonability During Litigation Didn’t ‘Cure&rs

Land Use Law Report, Volume 41, Number 11, December 2013

Preemption: Town of Lake George Can’t Regulate Dock Construction In State-Controlled Waters
Statute of Limitations: Developers Can Challenge Below-Market Housing Requirements While Building
Eminent Domain: Judges Must Consider Zoning Change Likelihood In Eminent Domain Cases
Zoning: Boston College Redevelopment Plan Immune To Improper Adjudication Charge

Land Use Law Report, Volume 41, Number 10, October 2013

Historic Preservation: Historic Preservation Is ‘Related’ To Zoning
Environmental: Seattle Stadium Project Doesn’t Require Environmental Review--Yet
Eminent Domain: In Virginia, Only Blighted Properties Can Be Condemned
Special Use Permit: Reopening An Existing Landfill Increases Use Intensity

Land Use Law Report, Volume 41, Number 9, September 2013

Government Can't Define Flood Taking As 'More Than One Flood'
Site Approval Not A Protected Property Right If It Depends On Valid Liquor License
Previously Protected Communications May Become Part of CEQA Records
Cattle Have Potential To Pollute, So They Must Stay Away From Creek
Zoning: Ordinance To Protect Environmental Characteristics Doesn’t Apply To Land Without Them

Land Use Law Report, Volume 41, Number 8, August 2013

Environmental: Clean Water Review Of Highway Sections Was Not Improper “Segmentation”
Nuisance: ‘Right To Farm’ Protects Agricultural Operation Change From Corn To Hogs
Natural Gas: States Must Review Air Quality Permit Applications After FERC Certification
Inverse Condemnation: Failure To Seek Development Permits Ends Inverse Condemnation Claim

Land Use Law Report, Volume 41, Number 7, July 2013

Takings: Takings Clause Applies To Demands For Money--Not Just Land
Special Permit: Homeowners Can’t Challenge Industrial Neighbor’s Mining Permit
Zoning: Zoning Statute Of Repose Governs Redevelopment Settlement Agreement
Environmental: BLM Must Consider Reduced-Grazing Alternatives, NEPA Says

Land Use Law Report, Volume 41, Number 6, June 2013

Texass 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
Quiet Title Act Statute Of Limitations Sets Hard Deadline
Clean Water Permit For Small Area Can Trigger Large Scale Environmental Assessment
Analyze Rails-to-Trails Takings Claims On Case By Case Basis

Land Use Law Report, Volume 41, Number 5, May 2013

Eminent Domain: Buyer Aware Of Adverse Interest Can’t Be Innocent Purchaser
Condemnation: Indiana Property Owners Entitled To Jury Trial To Determine Just Compensation
Utilities/Energy: Threat To Remove Natural Gas Lines Gave Rise To Federal Jurisdiction
Zoning: Elementary School Can Build Four-Acre Solar Energy Field

Land Use Law Report, Volume 41, Number 4, April 2013

Resource Management: Mineral Leasing Act Requires Only The Decision To Issue Lease--Not The Actual
Nuisance: Per Balancing Test, Electromagnetic Fields Are Not A Nuisance
Inverse Condemnation: Right Of Reentry Is A Compensable Property Interest
Environment: NJ Environmental Law Doesn’t Authorize Warrantless Property Inspections

Land Use Law Report, Volume 41, Number 3, March 2013

Preemption: Manufactured Housing Act Doesn’t Preempt Aesthetic Ordinances
Historic Preservation: Court Gives Go-Ahead To Demolish Historic Buildings Near Canadian Border
Takings: Navigation Channel Closure Was Not A Taking
Preemption: Texas Clean Air Act Preempts City Ordinance That “Nullifies” State Permits

Land Use Law Report, Volume 41, Number 2, February 2013

Historic Preservation: Property Owners Must Appeal Approval Conditions Before Accepting Benefits Of
Regulatory Takings: Relevant Parcel Under Penn Central Determined By Owners' Economic Use
Zoning: Town Sign Ordinance Limiting Size And Paint Color Was Constitutional
Subdivision: Manmade Structures Can Cause 'Natural Hazards'

Land Use Law Report, Volume 41, Number 1, January 2013

Takings: Supreme Court Rejects Flooding Exception To Temporary Takings Rule
Takings: City's Drainage System Flood Could Be A Taking
Nuisance: No Safe Harbor For Old Shooting Range
Takings: Separately-Platted Properties Have Their Own Investment-Backed Expectations


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