Friday, May 11, 2012

Atlanta Scrap Tire Commission Adopts Clinic's Recommendations

As we wind down the final days of the UGA Land Use Clinic there's a flurry of activity.  I'm gratified to report that, through the good work of our public interest fellow David Deganian and three semesters' worth of clinic students, the City of Atlanta Scrap Tire Commission has adopt a strategy largely based on our recommendations.

As reported on the Commission's website:

In 2010, approximately nine million scrap tires were generated in the State of Georgia, and it is estimated that one million of those were illegally dumped. Scrap tire dumping poses a substantial threat to both the citizens of the City of Atlanta and the environment. Stockpiles of waste tires create a breeding ground for mosquitoes and rodents. They also pose a significant fire hazard, and a scrap tire fire can lead to contamination of the air, water, and soil. Aside from these risks, scrap tires are unattractive and add to the blight of Atlanta’s neighborhoods.The City of Atlanta's Tire Commission has been created to alleviate this serious issue.

Student recommendations adopted by the Commission include:

Amending Atlanta’s Scrap Tire Ordinance to include provision whereby tire carriers must conspicuously display a “carrier decal” on their vehicles when in operation.

Including a provision in Atlanta’s Scrap Tire Ordinance requiring that scrap tire generators and carriers maintain state required documentation, including manifests.

Including a provision in Atlanta’s Scrap Tire Ordinance for fines of $1000 per violation per day for illegal tire dumping activity.

Amending the City of Atlanta Scrap Tire Ordinance to require scrap tire branding.

Lobbying the state legislature for the funding of the Solid Waste Trust Fund.

I'm so proud of the students and their hard work on this and other projects!  You can read the Commission's full report here.

Jamie Baker Roskie

May 11, 2012 in Environmental Justice, Georgia, Local Government | Permalink | Comments (0) | TrackBack (0)

Thursday, May 10, 2012

Patricia Salkin to be new Dean at Touro

Breaking news: one of the leaders of our field, Prof. Patricia E. Salkin, has just been named the new Dean of Touro Law Center!  From the press release:

Touro College & University System President and CEO, Dr. Alan Kadish, is pleased to announce that Patricia E. Salkin has been appointed the new dean of the Touro College Jacob D. Fuchsberg Law Center. Salkin is a nationally known scholar and expert in land use planning and government ethics. She is currently the Associate Dean and Director of the Government Law Center of Albany Law School where she is also the Raymond & Ella Smith Distinguished Professor of Law.

. . . .

Patricia E. Salkin is the author of numerous casebooks, treatises, books and more than 100 articles, columns, studies and reports on topics including municipal law, sustainable development law, climate change, affordable housing, and aging law. Dean Salkin is an accomplished administrator, scholar and teacher who also holds many leadership appointments in the profession, including within the American Bar Association and the New York State Bar Association where she serves in the House of Delegates and has led sections, committees and task forces. She also served as chair of the State and Local Government Law Section for the American Association of Law Schools. An elected member of the American Law Institute, Salkin currently serves as an Advisor for the drafting of the Principles on the Law of Government Ethics. Salkin is the long-time chair of the amicus curiae committee for the American Planning Association, and she serves on the Editorial Advisory Board of the Urban Lawyer.

And let's not leave out the Law of the Land Blog!  Dean Salkin's record of teaching, scholarship, and service to the profession and the community speaks for itself.  The only thing I can add is that in addition to all of these commitments, Patty has been a terrific mentor to teachers and scholars in land use, government law, and sustainability, especially for reaching out to those of us in the junior ranks.  This is great news both for Touro and for all of us in the land use field.

Matt Festa

May 10, 2012 in Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Fulton County Commission Urges Georgia EPD to Act on Environmental Justice

Georgia’s Environmental Protection Division (EPD) is one of only a handful of state environmental agencies nationwide with no environmental justice policy, program, or employee.  On May 2, Fulton County’s Board of Commissioners (Atlanta is the county seat) passed a resolution urging the EPD to “take swift action to develop, implement, and enforce regulations and policies to promote environmental justice for the citizens of Fulton County and the entire state of Georgia.” The resolution uses findings from GreenLaw’s Patterns of Pollution report to show the need for these measures.  David Deganian, UGA’s Public Interest Fellow, authored the report, and Land Use Clinic students have been working with him to create environmental justice policies that can be adopted by local governments to prevent disproportionate siting of polluting facilities in low-income and minority areas.  It's been my great pleasure to work with David for the last two years, and it's good to see his work getting official recognition.

Jamie Baker Roskie

May 10, 2012 in Environmental Justice, Environmental Law, Georgia, Local Government | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 9, 2012

Alexander & Dagan on Properties of Property

Properties PropertyJust got in the mail a copy of the great new book by Gregory S. Alexander (Cornell) & Hanoch Dagan (Tel-Aviv), Properties of Property (Wolters Kluwer Law & Business, 2012).  From the description:

Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. A Teacher’s Guide provides different ways the authors have organized property theory seminars using the book; suggestions for using the book as a companion to a property casebook; and discussion of questions that are posed in the Notes.

This looks like a great read; an outstanding survey of the leading interdisciplinary scholarship for any scholar or practitioner in property, land use, and environmental law; and it would make a perfect text for a property seminar or as a supplement to a doctrinal course. 

Matt Festa

May 9, 2012 in Books, Property, Property Theory, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 8, 2012

ABA "Professors' Corner" Teleconference on Property Cases

On Wednesday I'll be part of the ABA's "Professor's Corner" teleconference, to discuss Severance v. Patterson, the Texas Open Beaches Act case. The teleconference is Wednesday, May 9 at 12:30 eastern/11:30 central. All are welcome to participate at the number below. The blurb:

The ABA Real Property, Trust and Estate Law Section’s Legal Education and Uniform Laws Group has a regular (and free!) monthly teleconference, “Professor’s Corner,” in which a panel of three law professors highlight and discuss recent real property cases of note.

Members of the AALS Real Estate Transactions section are encouraged to participate in this monthly call (which is always on the second Wednesday of the month).

The May 2012 call is this Wednesday, May 9, 2012, at 12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a..m. Pacific). The call-in number is 866-646-6488. When prompted for the passcode, enter the passcode number 557 741 9753.

The panelists for May 9, 2012 are:

Professor Tanya Marsh, Assistant Professor of Law, Wake Forest University School of Law. Professor Marsh will discuss Roundy’s Inc. v. National Labor Relations Board, 674 F.3d 638 (7th Cir. 2012). Decided in March 2012, this case held that Roundy’s (a non-union supermarket chain) did not have the right to exclude third parties (in this case, non-employee union organizers) from common areas of shopping centers in which it operated.

Professor Matt Festa, Associate Professor of Law, South Texas College of Law. Professor Festa will discuss Severance v. Patterson, 2012 WL 1059341 (Tex. 2012). In this case, decided March 30, 2012, the Texas Supreme Court struck down the “rolling easement” theory of public beachfront property access under the Texas Open Beaches Act.

Professor Wilson Freyermuth, John D. Lawson Professor and Curators’ Teaching Professor, University of Missouri. Professor Freyermuth will discuss Summerhill Village Homeowners Ass’n v. Roughley, 270 P.3d 639 (Wash. Ct. App. 2012), in which the court refused to permit the mortgage lender to exercise statutory redemption after its lien was extinguished by virtue of a foreclosure sale by an owners’ association to enforce its lien for unpaid assessments. He will also discuss First Bank v. Fischer & Frichtel, 2012 WL 1339437 (Mo. April 12, 2012), in which the Missouri court rejected the “fair value” approach to calculating deficiency judgments under the Restatement of Mortgages.

It should be an interesting conversation with a good variety issues to discuss. Please feel welcome to participate, whether or not you are a currently a section member.

UPDATE: Thanks to everyone who participated, and to Wilson Freyermuth for moderating and Tanya Marsh for inviting me.  The ABA RPTE Section will be doing this every month, so stay tuned for more interesting discussions to come!

Matt Festa

May 8, 2012 in Beaches, Caselaw, Conferences, Mortgages, Property, Property Rights, Real Estate Transactions, Scholarship, State Government | Permalink | Comments (0) | TrackBack (0)

Monday, May 7, 2012

New Article on Green CC&Rs

Robert J. Aalberts and Darren A. Prum have posted an interesting new article on the use of CC&Rs to promote sustainable development.  Their article, Our Own Private Sustainable Community, features case studies of specific communities in Oregon and Maine that have written aggressive green building and other sustainability-focused provisions into their CC&Rs.  The last major section of the article describes some of the benefits and potential challenges of such an approach.  Here's the abstract:

Residential and commercial property owners have sought for centuries to develop and enrich their physical environment through private land use planning. In more recent decades, residential owners residing in community interest communities (CICs) have been particularly active in crafting an evolving array of deed restrictions contained in Covenants, Conditions and Restrictions (CC&Rs). CC&Rs, which are generally created by the CIC developer, are mutually binding and enforceable against all those who live or conduct business in self-selected residential subdivisions or commercial developments. Importantly, CC&Rs are monitored sometimes quite forcefully, under the watchful eye of an empowered planned development association.

Although the typical post World War II CC&Rs were often mundane, governing setbacks, parking and vehicular restrictions, architectural requirements, non-household animals, sight and smell nuisances, trash containment and landscaping and plants, more recent CC&Rs are venturing into new and generally uncharted waters by promoting environmental sustainability. More specifically, a growing number of CICs are establishing green building goals, such as those certified by the United States Green Building Council’s (USGBC) which maintains its now familiar Leadership in Energy and Environmental Design or LEED rating system. Initial attempts at promoting environmental sustainability ratings, even while opposed by some, have placed an emphasis on improved water usage and environmentally compatible landscaping, but are now expanding in ever greater directions, including architectural design requirements. This article evaluates some of the potential problems green developments likely will face in this emerging approach to private regulation through an extensive discussion of our two case studies.

The use of CC&Rs as a tool for promoting sustainable development is likely to continue to evolve in the coming years, so this article makes for a timely and thought-provoking read.

Troy Rule

May 7, 2012 in Common Interest Communities, Environmentalism, Green Building, Servitudes, Smart Growth, Sustainability | Permalink | Comments (1) | TrackBack (0)

Blumm & Wigington on the Oregon and California Railroad Grant Lands

Michael C. Blumm (Lewis & Clark) and Tim Wigington have posted The Oregon and California Railroad Grant Lands’ Sordid Past, Contentious Present, and Uncertain Future: A Century of Conflict, forthcoming at 40 Boston College Environmental Affairs Law Review No. 1 (2013).  The abstract:

This article examines the long, contentious history of the Oregon & California Land Grant that produced federal forest lands now managed by the Bureau of Land Management (“O&C lands”), including an analysis of how these lands re-vested to the federal government following decades of corruption and scandal, and the resulting congressional effort that created a management structure supporting local county governments through overharvesting the lands for a half-century. The article proceeds to trace the fate of O&C lands through the “spotted owl wars” of the 1990s, the ensuing Northwest Forest Plan (NWFP), the timber salvage rider of 1995, and the George W. Bush Administration’s unsuccessful attempts to change the compromise reached in the NWFP. The article then explains how decreases in timber harvesting and declines in federal payments have brought the counties reliant on these lands to the brink of bankruptcy, and analyzes two current legislative proposals aimed at increasing harvests on the O&C lands in order to bolster flagging county economies. The article concludes by identifying significant economic and environmental flaws in these proposals and suggests several alternative revenue-producing options that could provide economic security and diversity to the counties without eviscerating the key environmental protections provided by the NWFP and other federal environmental protection statutes.

The article looks like a fascinating interdisciplinary blend of law, policy, and history. 

Matt Festa

May 7, 2012 in Environmental Law, Federal Government, History, Politics, Property, Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, May 6, 2012

Mulvaney on Road Diets

No, that's not what Prof. Tim Mulvaney eats while traveling.  It's a land use concept that he discusses in a very interesting post on the Environmental Law Prof Blog.  An excerpt:

The neighborhood associations of Mistletoe Heights and Berkeley Place, both part of a historic preservation district in the city of Fort Worth, Texas, recently passed measures encouraging the city to consider a “road diet” for the four-lane road that transects these neighborhoods.  Planners Dan Burden and Peter Lagerway coined the phrase “road diet” in the 1990s to refer to the transportation planning technique of reallocating existing roadway space that is providing excessive carrying capacity in a manner that results in a reduction in the number of vehicle lanes.  For example, a road diet might involve the conversion of a four-lane, undivided road to a three lane road, whereby the land previously used for the fourth lane can be employed for other purposes, such as the creation of a two-way left turn lane and either defined bicycle lanes (image A below), wider sidewalks and landscaping (image B), or angled/parallel parking (image C), or some combination thereof. 

Check out the full post to see the illustrative diagrams and additional pictures and anaylsis.  I hadn't heard the term before, but the concept makes sense.

Matt Festa

May 6, 2012 in Density, Local Government, Pedestrian, Planning, Scholarship, Sustainability, Transportation | Permalink | Comments (0) | TrackBack (0)

Schindler on the Future of Abandoned Big Box Stores

Sarah Schindler (Maine) has posted The Future of Abandoned Big Box Stores: Legal Solutions to the Legacies of Poor Planning Decisions, 83 Universtiy of Colorado Law Review 471 (2012).  The abstract:

Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use decisions and thus made deliberate determinations allowing big box development, this Article argues that those same local governments now have both an economic incentive and a civic responsibility to find alternative uses for these “ghostboxes.” With an eye toward sustainable development, the Article proposes and evaluates four possible alternative uses: retail reuse, adaptive reuse, demolition and redevelopment, and demolition and regreening. It then devises a framework and a series of metrics that local governments can use in deciding which of the possible solutions would be best suited for their communities. The Article concludes by considering issues of property acquisition and management.

Prof. Schindler's article addresses an important problem in communities across the U.S., and offers some innovative solutions.

Matt Festa

May 6, 2012 in Architecture, Development, Economic Development, Green Building, Local Government, Planning, Redevelopment, Scholarship, Suburbs, Sustainability, Zoning | Permalink | Comments (0) | TrackBack (0)