Thursday, August 18, 2011

South Texas job announcement: Property

Here's some exciting news, for me anyway. South Texas College of Law is looking to hire a property scholar:

South Texas College of Law invites applications from both experienced and entry-level faculty for one or more full-time, tenure-track positions beginning in the 2012 - 2013 academic year. While all candidates will be considered, we particularly seek candidates interested in teaching the required property courses, and commercial law (including courses covering the Uniform Commercial Code). Other areas of interest include real estate development and finance, and international law. We seek candidates with outstanding academic records who are committed to both excellence in teaching and sustained scholarly achievement. Members of minority groups and others whose backgrounds will contribute to the diversity of the faculty are especially encouraged to apply.

South Texas College of Law provides a diverse body of students with the opportunity to obtain an exceptional legal education, preparing graduates to serve their community and the profession with distinction. The school, located in downtown Houston, was founded in 1923 and is the oldest law school in the city. South Texas is a private, nonprofit, independent law school, fully accredited by the American Bar Association and a member of the Association of American Law Schools, with 55 full-time and 40 adjunct professors serving a student body of 1,300 full and part-time students. South Texas is home to the most decorated advocacy program in the U.S. and the nationally recognized Frank Evans Center for Conflict Resolution.

Please send letters of interest and resumes to Professor Kevin Yamamoto, Chair, Faculty Appointments Committee, South Texas College of Law, 1303 San Jacinto Street, Houston TX 77002; Tel: (713) 646-2945; Email: kyamamoto@stcl.edu

Via Fran Ortiz, a property colleague on the hiring committee. You can contact Kevin or Fran about the position, and of course I'd be more than happy to talk with anyone about the great opportunities for teaching and scholarship at South Texas College of Law, or about living in the diverse and dynamic city of Houston.

Matt Festa

August 18, 2011 in Finance, Houston, Property, Real Estate Transactions, Scholarship, Texas | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 17, 2011

City Journal on Private Funding for New York's Parks

The renaissance of many of New York's parks--such as Central Park and Bryant Park--after decades of neglect has been one of the more visible urban sucess stories of the last decade or so. In a City Journal piece titled Parks and Re-creation: How private citizens saved New York's public spaces, Laura Vanderkam attributes this to the innovative public-private partnerships that were created to finance and manage them outside of the City's parks bureaucracy:

But perhaps the most amazing thing about Central Park is how little tax money goes into maintaining it. Though it is still ultimately the city’s responsibility, the park has been managed since the 1980s by the nonprofit Central Park Conservancy, and it relies on private donations for most of its budget. The marriage between the city and the Conservancy has been a fruitful one. Can this model, known as a public-private partnership, restore and invigorate all of New York’s green spaces, including neighborhood parks in less affluent areas? It’s an important question, not only as the city faces tough fiscal times but as urban planners increasingly view parks as tools of economic development and public health.

Matt Festa

August 17, 2011 in Budgeting, Crime, Downtown, Local Government, New York, Planning, Urbanism | Permalink | Comments (0) | TrackBack (0)

USPS Closing Many Rural Post Offices

An interesting article on the New Urbanist Network about how the Postal Service plans to close 3,600 rural post offices. 

For many communities, the closings may reduce activity in town or village centers. Even with diminishing mail volume, there are still many people who cross paths at the post office. The drawing power of post offices was recognized early by new urbanist developers such as Robert Davis in Seaside, Florida, and Buff Chace and Douglas Storrs in Mashpee, Massachusetts.

The article also links to the website "Save the Post Office," which has a list, by state, of the closings.  Georgia will lose about 45 post offices, mostly rural but some in Atlanta.

Jamie Baker Roskie

August 17, 2011 in Development, Downtown, Federal Government, Georgia, New Urbanism | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 16, 2011

Good Magazine's Readers' Choice Award for City Guide Goes to Asheville, NC

Cool Southeastern city Asheville, North Carolina is featured in Good magazine in a reader-created guide called "A Local's Guide to the Land of the Sky."  The guide is fun and informative, but It's missing my favorite features of Asheville - it's many yoga studios and spas. What does any of this have to do teaching land use law, you may ask yourself? Well, a land use prof has to vacation somewhere, and while most of us are just returning to our daily routines it's not too soon to begin planning the next break...

Jamie Baker Roskie

August 16, 2011 | Permalink | Comments (0) | TrackBack (0)

Monday, August 15, 2011

Sean Nolon on Engaging Citizens in Siting Wind Turbines

Sean Nolon (Vermont) has posted Negotiating the Wind: A Framework to Engage Citizens in Siting Wind Turbines, Cardozo Journal of Conflict Resolution, Vol. 12, p. 327, 2011. The abstract:

Electricity generated from wind turbines must be a central part of any renewable energy regime. The build out of any wind energy infrastructure policy relies on facility siting decisions at the local and state level. Local opposition in some areas has created an implementation impasse that is best addressed from a systematic perspective, recognizing that citizens play a central role in making significant land use decisions. Through this article, the author explores the nature of citizen opposition to locally unwanted land uses like wind turbines and proposes a suite of collaborative mechanisms to address concerns through effective citizen engagement in policy development and during local siting decisions. The author proposes a federal structure that provides incentives to encourage collaborative governance at the state and local level. The framework leaves state siting structures in place and provides resources to improve decision-making processes and the outcomes. By involving citizens effectively at the policy and siting level, the hope is that wind turbine siting decisions will be more effective. Instead of encouraging divisions among the levels of government, this model builds on their strengths and supports their weaknesses.

Matt Festa

August 15, 2011 in Clean Energy, Environmental Law, Federal Government, Local Government, Planning, Scholarship, State Government, Sustainability, Wind Energy | Permalink | Comments (1) | TrackBack (0)

Sunday, August 14, 2011

Texas Case Restricts City Admin Boards from Abating Blight without Just Compensation

The Texas Supreme Court recently issued an opinion that makes some new law in the crucial and evolving area of individual property rights versus local governments' objectives of abating blighted properites. From The Examiner newspapers, The Hazard Next Door: Texas Ruling Restricts Cities from Eliminating Blighted Structures.

The case, City of Dallas v. Heather Stewart, involved a situation similar to the one involving Thurmond. A city of Dallas board recommended that a long-dilapidated home be demolished. The city did that, but the owner, Stewart, sued in district court, saying the city had unlawfully taken her property. At trial, the jury ruled in her favor, and Stewart was awarded her $75,707.67 for the destruction of her home.

Dallas appealed the case to the Texas Supreme Court, which ruled July 1. In the majority opinion, Chief Justice Wallace Jefferson acknowledged that cities “must be able to abate dilapidated structures” that “threaten neighborhoods.” But, Jefferson wrote, cities must set up a mechanism to address that threat that complies with Texas constitutional mandates that protect private property rights.

“Today we hold that a system that permits constitutional issues of this importance to be decided by an administrative board, whose decisions are essentially conclusive, does not correctly balance the need to abate nuisances against the rights accorded to property owners under our constitution,” Jefferson wrote, adding that independent review of a court is necessary.

Particularly in light of the foreclosure crisis, this type of decision could seriously handcuff local governments trying to make a difference in the current context; on the other hand, even though the facts of this case are unsympathetic, there still is an important constitutional right to just compensation. I wasn't tracking the case until after it came out and the reporter called, but it seems that it has already chilled similar local government actions here in Houston, and should be noted by public administrators across the US.

Matt Festa

August 14, 2011 in Caselaw | Permalink | Comments (0) | TrackBack (0)