September 17, 2010
Increased Density For...Cattle?
A good friend of mine who used to live in Montgomery is taking a leading role in developing sustainable land practices (you can read more about the company Chad Adams works with here).
He recently forwarded me a fascinating Time Magazine article that discusses how increasing the number of cattle grazing on a parcel at one time can actually lead to increased land productivity.
Read the article here that explains why it works.
Chad Emerson, Faulkner U.
Planning, Law, and Property Rights: Fifth International Conference
From Eran Kaplinsky (Law, University of Alberta):
The International Academic Association on Planning, Law and Property Rights will be holding its fifth annual conference on May 26–28, 2011, at the Faculty of Law, University of Alberta in Edmonton, Alberta, Canada. A call for papers can be found here: http://www.law.ualberta.ca/plpr/2011/poster.pdf. For further information please contact email@example.com.
Hey everyone, it's Sept. 17, and you know what that means: Constitution Day! (Seems like it just sneaks up on you every year, doesn't it?) Land use law intersects with so many constitutional issues: property rights, takings, religious land use, free speech, environmental regulation, police powers, federalism, housing policy, zoning, and so on. I often think of the land use field as the intersection of private property and public regulation, in the shadow of constitutional law.
So have a happy Constitution Day. Here is a page of Constitution Day Resources from the Library of Congress.
Why Nothing is Perfect...
As readers probably recognize, I'm a big supporter of new urbanism and other efforts toward more sustainable development. These approaches have many benefits both in the short term and long.
But, like most things, pragmatism is also part of that reality.
This interesting blog essay by Hazel Borys explores one such issue: children and schooling.
Click here to read Confessions of a Former Sprawl Addict. It's a very honest look at the reality of dense urbanism and family life.
--Chad Emerson, Faulkner U.
September 16, 2010
Judicial Takings--Back to the Supreme Court?
Ilya Somin has an interesting post at the Volokh Conspiracy titled Is the Judicial Takings Issue Headed Back to the Supreme Court? Somin notes that in Stop the Beach Renourishment, the Court split 4-4 on the merits of the judicial takings issue, and then describes a Montana state court case, PPL Montana v. State of Montana, that has been petitioned for certiorari. The case turns on a favorite topic of mine, the constitutional definition of property with respect to "navigable waters." Somin offers some analysis from Ilya Shapiro of the Cato Institute, who authored an amicus brief supporting cert. While it's far from a sure thing to be granted cert, Somin thinks that it could potentially present the judicial takings issue more squarely, and he notes:
If the Supreme Court takes this case, it may be less willing to grant broad discretion to state courts than it was in Stop the Beach, because the relevant state law doctrine (the definition of “navigable”) is derived from federal law.
September 16, 2010 in Beaches, Caselaw, Coastal Regulation, Constitutional Law, Environmental Law, Federal Government, Judicial Review, Property Rights, Scholarship, State Government, Supreme Court | Permalink | Comments (0) | TrackBack
USAID Launches "Global Waters" Newsletter
From Dr Rajiv Shah of USAID:
Global demand for freshwater is doubling every 20 years, yet water is becoming increasingly scarce in a number of countries, including many in the developing world. As you all know well, water is central to the success of our sustainable development efforts. Whether for domestic use, agriculture, industry, energy, or the environment, the availability of adequate supplies of good quality freshwater underpins the hopes and expectations of billions of people for improved well-being and affluence.In his inaugural address, President Obama pledged to help the developing world address its water challenges. And last March, Secretary Clinton challenged USAID and the State Department to elevate our freshwater access efforts and to ensure that we look at these challenges in an integrated manner. Climate change, food security and global health issues are three of our top priorities, and water is integrally linked to each challenge. In order to maximize the impact from our development investments we must enhance integrated programming, utilize smart science and innovation, build strategic partnerships, and learn from experience.
As one step on this path, I am pleased to announce the launch of Global Waters – the first newsletter dedicated to the broad portfolio of water-related activities of the United States Agency for International Development. Through this new bi-monthly newsletter, we wish to share with you the many challenges and opportunities, and the approaches and lessons learned that reflect upon USAID programming in the water arena. Each issue will highlight the work of our many implementing partners, as well as some of the more intimate stories of how the Agency’s work directly affects individuals, families, and communities around the globe.
If you wish to receive Global Waters on a regular basis, I encourage you to subscribe today, and to share this with your colleagues and partners who may find this of interest. You can do so by clicking on this link, where you will find the full newsletter and subscription details. I hope you will take time to peruse Global Waters and continue to help us build public support and understanding for these critical development challenges.
Jamie Baker Roskie
September 15, 2010
Remember the old, abandoned "ghost" towns of the West. Settlements that dried up and withered away as things like the gold rush faded.
The Business Insider site is now offering what it considers to be a new era of "Dead Cities"--places whose fate is forever sealed. Granted, the authors are not suggesting that these cities will be permanently abandoned any time soon.
Instead, this purported death will be on a somewhat slower yet very clear terminal descent.
Find out what cities made the list by clicking here.
Chad Emerson, Faulker U.
Shirley Sherrod to Speak at EJ Conference in Gainesville, Ga
By now probably most of you have heard the story of Shirley Sherrod, most recently of the USDA, forced to resign after a highly edited version of an old speech she gave to the NAACP made it seem as if she is unsympathetic to white farmers. (In fact, she was making the opposite point in her speech.) While the agency has since offered to rehire her, she has decided to move on. (Bill O'Reilly even apologized to her for showing the edited clip on his show.)
She will be speaking October 9th in Gainesville, Georgia at a conference on environmental justice sponsored by the Newtown Florist Club. As I've blogged before, NFC is a client of our clinic and one of the oldest and most effective community organizations in Georgia. The conference coincides with the Club's 60th anniversary, and I will also be speaking on a panel on October 8th regarding how EJ communities can work with lawyers. Should be pretty interesting! If you or someone you know might be interested in attending the conference, contact NFC.
Jamie Baker Roskie
Burdon on Wild Law
Peter D. Burdon (Adelaide) has posted Wild Law: The Philosophy of Earth Jurisprudence, Alternative Law Journal, Vol. 35, No. 2, 2010. The abstract:
Wild law or Earth Jurisprudence is an emerging theory of law and governance that seeks to evolve law in a fashion that recognises our relationship to the broader Earth community. In this article, the author introduces and articulates some fundamental concepts being developed by theorists in this area. The author also discusses the recent constitutional amendment in Ecuador that granted nature the right to exist, persist and flourish.
Shapiro and Burrus on Judicial Takings and Scalia's Shifting Sands
Ilya Shapiro (Cato) and Trevor Burrus (Cato) have posted Judicial Takings and Scalia's Shifting Sands, forthcoming in the Vermont Law Review, Vol. 35. The abstract:
In this article, we examine the background of the judicial takings doctrine, discuss the Supreme Court’s ruling in Stop the Beach, react to that decision in light of Cato’s amicus brief, and contrast Justice Antonin Scalia’s views of Substantive Due Process as expressed in Stop the Beach with that in another high-profile case whose plurality opinion he joined, McDonald v. City of Chicago, to argue that the judicial takings doctrine is necessary to a robust constitutional protection of property rights.
September 15, 2010 in Beaches, Caselaw, Coastal Regulation, Constitutional Law, Eminent Domain, Environmental Law, Federal Government, Judicial Review, Property Rights, Scholarship, State Government, Supreme Court, Takings | Permalink | Comments (0) | TrackBack
September 13, 2010
The Perils of Too Many Veggies...As the popularity of home farming and other forms of micro-farming continues to grow (pun intended), it won't be a surprise to see more disputes like this one resulting from the single and separate use formats of today's typical Euclidean-style zoning codes:
DeKalb County is suing a local farmer for growing too many vegetables, but he said he will fight the charges in the ongoing battle neighbors call “Cabbagegate.” Fig trees, broccoli and cabbages are among the many greens that line the soil on Steve Miller’s more than two acres in Clarkston, who said he has spent fifteen years growing crops to give away and sell at local farmers markets.
In January, Dekalb County code enforcement officers began ticketing him for growing too many crops for the zoning and having unpermitted employees on site. Miller stopped growing vegetables this summer and the charges were put on hold as he got the property rezoned. Two weeks after approval, however, his attorney said the county began prosecuting the old charges, saying he was technically in violation before the rezoning.
As someone with fig trees, sunflowers, blackberry bushes, and a host of other veggies and fruits growing in his backyard, the question for me remains: "How much is too much when it comes to growing local and healthy food in your own backyard?"
Dare I test fate (and the HOA) and even think about healthy and fresh eggs from a backyard source?
--Chad Emerson, Faulkner U.
APA Announces Student Writing Competition
From Alan Weinstein at Cleveland State:
The Planning & Law Division of the American Planning Association announces its Twenty-eight Annual Smith-Babcock-Williams Student Writing Competition. The Competition, which honors the memory of three leading figures in American city planning law (R. Marlin Smith, Richard Babcock, and Norman Williams) is open to law students and planning students writing on a question of significance in planning, planning law, land use law, local government law or environmental law.
The winning entry will be awarded a prize of $2,500 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. In addition to the first prize, the Competition offers a second place prize of $1,000 and up to two Honorable Mentions of $250.
The deadline for submission of entries is June 6, 2011 and winners will be announced by September 16, 2011. Our past experience has shown that teachers in planning, planning law, land use law, local government law or environmental law are in an ideal position to stimulate student interest in research and writing and to encourage participation in the Competition. Each year, many of the entries appear to have been prepared initially for various courses or seminars. We hope you will add your support to the Smith-Babcock-Williams Student Writing Competition by encouraging your current and past students to submit entries.
Contact Prof. Weinstein for a copy of the rules and submittal information
Jamie Baker Roskie
UPDATE: Apologies to those of you who were confused by the previous version of this announcement, which had the deadline as June 6, 2010.
Notre Dame Symposium on Urban Development
The Notre Dame Journal of Law, Ethics, & Public Policy has published a Symposium on Urban Development in the 21st Century: Notre Dame Journal of Law, Ethics & Public Policy, Volume 24, Number 1, 2010.
FOREWORD: A New Urban Vision for a New Urban Reality, Adolfo Carrión, Jr., p. 1
On Public Plaintiffs and Private Harms: The Standing of Municipalities in Climate Change, Firearms, and Financial Crisis Litigation, Raymond H. Brescia, p.7
Can Urban Solar Become a "Disruptive" Technology?: The Case for Solar Utilities, Joel B. Eisen, p.53
American Cities as Firms in the 21st Century—Or, Should Philadelphia Move to New Jersey? Richardson Dilworth, p.99
The Order-Maintenance Agenda as Land Use Policy, Nicole Stelle Garnett, p.131
Four Land Use Vignettes from Unzoned(?) Houston, John Mixon, p.159
An Urban Slice of Apple Pie: Rethinking Homeownership in U.S. Cities, Georgette Chapman Phillips, p.187
Justice and the Just Compensation Clause: A New Approach to Economic Development Takings, John T. Goodwin, p.219
Old Shtetlism and New Urbanism: Uncovering the Implications of Suburban Zoning Laws for Community Life through the Jewish-American Experience, Amir Steinhart, p.255
It looks like a fascinating group of pieces. Now if only they could beat Michigan.
September 13, 2010 in Community Economic Development, Development, Economic Development, Eminent Domain, Environmental Law, Housing, Houston, Local Government, Property, Scholarship, Takings, Urbanism, Zoning | Permalink | Comments (0) | TrackBack
September 12, 2010
Here Come the HELOCs?
The Real Estate Channel has an interesting new article that discusses the looming problems posed by HELOCs (aka second mortgages or home equity lines of credit).
Overall, the article does a very good job explaining the sometimes amazing examples of how these lending tools overwhelmed borrowers. The "amazing' part is how these HELOCs were sometimes used to finance land purchases in entirely different states--with one example being Californians who took out home equity lines to purchase property in Austin, Texas.
What a mess.
--Chad Emerson, Faulkner U.