Wednesday, June 8, 2011

Romero on Race and Place from Berman & Brown to Kelo & Parents Involved

Tom Romero (Denver) has posted Kelo, Parents and the Spatialization of Color (Blindness) in the Berman-Brown Metropolitan Heterotopia, 2008 Utah L. Rev 947 (2008). Here's the abstract:

The article uses the 1954 eminent domain and school integration decisions in Berman v. Parker and Brown v. Board of Education and the more recent Kelo v. New London and Parents Involved in Community Schools v. Seattle School District cases to examine the rise of the multiracial metropolis in the United States. By linking and concomitantly exploring the United States Supreme Court’s eminent domain and school desegregation decisions, the article offers a fundamentally new approach to understanding the consequence and import of these decisions in managing property and race relations in the contemporary United States.
Analytical emphasis on the period extending from Berman-Brown through the Kelo-Parents decisions is especially important for two reasons. First, this era dramatically perfected the ability of the state to define as well as manage property and race relations. A coherent vision of well-ordered and sufficiently contained metropolitan space - represented through eminent domain and other municipal land use powers as well as through school desegregation jurisprudence - both propelled and sustained this order. Second, and intricately related is the paradox of color-consciousness and color-blindness during this period. Particularly as the nation’s racial anxieties played themselves out on a global and increasingly multiracial scale through school integration battles, land use law and takings jurisprudence obscured the multicolor segregation taking place in many of the fastest growing metropolitan areas. Together, the novel effect of each of these landmark decisions put into question the viability of a de jure-de facto distinction that became sacrosanct in American constitutional law.
This article utilizes interdisciplinary methodology and resources to describe the manner by which legally enforced color lines on a local scale became paradoxically proscribed, yet essential to what I call the multi-racial heterotopia. As a consequence of scholars largely having failed to make the link between eminent domain and school integration jurisprudence in the construction of the modern metropolitan United States, the article makes a timely and important intervention to the combined analysis of these most recent Supreme Court cases.

Jim K.

 

June 8, 2011 in Caselaw, Constitutional Law, Race | Permalink | Comments (0) | TrackBack (0)

Hirokawa on Ecosystem Services as a Subject for Local Land Use Law

Keith Hirokawa (Albany) has posted Sustaining Ecosystem Services Through Local Environmental Law, 28 Pace Env. L. Rev ___ (forthcoming 2011).  Here's the abstract:

In the early decades of modern environmental law, local governments retained their prerogative over community design and other essentially local matters, but were largely excluded from the debate on national environmental policy. More recently, environmental lawyers have reignited the question of how and where the local government regulation of land use impacts intersects with environmental quality. It is interesting to note that as the national dialogue has turned to the important role of local governments in achieving our environmental quality goals, there has been a corresponding emergence of an "ecosystem services" approach to understanding nature. It is more interesting to note how many of the stories of ecosystem services – successes, explanations, and illustrations – take place in local governments and in community decision making. Perhaps by coincidence, but likely due to design, local environmental law and ecosystem services have evolved in a complementary manner. 
This article looks at the recent trends in recognizing and regulating ecosystem services at the local level. Local governments are adopting regulations aimed at capturing the benefits of functioning ecosystems by transcending aesthetic values of local nature and focusing on ecological processes and the services they provide. Section II introduces the topic by arguing that because of the manner in which local governments regulate environmental impacts, the value embedded in ecosystem services is commensurable with local regulation. Section III illustrates the relationship between local governance and ecosystem services, as well as the opportunities presented by this relationship, by examining some of the ways that local environmental law has embraced the advantages of an ecosystem services perspective. This article concludes that local governments are leaders in the implementation of ecosystems services-based regulation, that communities are the direct beneficiaries of such action, and that this is exactly as it should be.

Jim K.

 

June 8, 2011 in Community Design, Environmental Law, Environmentalism, Local Government, Planning, Sustainability, Zoning | Permalink | Comments (0) | TrackBack (0)

Sunday, June 5, 2011

Power on Wallace, McHarg and their Plans for (a) Greater Baltimore

Soon after releasing the new version of his electronic land use casebook, Garrett Power (Maryland) has posted Wallace McHarg's Plans for a Greater Baltimore. Here's the abstract:

This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms. It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s. With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor. Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next. Less surprisingly, their plans to "design with nature" sometimes were used by their clients to promote racial and economic segregation.

This last sentence refers to the use of McHarg-Wallace's plans promoting ecologically sound suburban development for exclusionary planning practices even though the original plans called for environmentally sensitive siting of dense affordable housing. Check it out.

Jim K.

 

June 5, 2011 in Affordable Housing, Community Design, Density, Development, Environmental Justice, Environmentalism, Planning, Redevelopment, Scholarship, Suburbs | Permalink | Comments (0) | TrackBack (0)

Homeowner Forecloses on Bank

Yes, you read that right.  A homewoner in Collier County, Florida foreclosed on a bank branch!  Bank of America gets Padlocked after Homeowner Forecloses on It.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

A Collier County Judge agreed and after the hearing, Bank of America was ordered, by the court to pay the legal fees of the homeowners', Maurenn Nyergers and her husband. 

The Judge said the bank wrongfully tried to foreclose on the Nyergers' house.

So, how did it end with bank being foreclosed on?  After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

About an hour after the sheriff locked the doors, the bank branch manager handed the attorney a check.  Nice to see at least one instance of good news for Florida homeowners in the foreclosure crisis.  Thanks to Dru Stevenson and Louie Rodriguez for the pointer.

Matt Festa

June 5, 2011 in Financial Crisis, Housing, Humorous, Mortgage Crisis, Mortgages, Real Estate Transactions | Permalink | Comments (1) | TrackBack (0)