Friday, February 28, 2014
Much anticipated, here are links to all the land use articles posted on SSRN in February!
As I noted when I started doing this monthly list last month, I use the search term "land use" in the SSRN database. This does not grab everything a land use scholar might find of interest. For instance, Robin Craig's latest article, posted in January, wasn't captured in the January list of SSRN land use articles I posted. Despite the admitted weaknesses of my search approach, I think it's still a valuable way to get a broad snapshot of land use scholarship both in law and across the disciplines useful for the blog format. When I get some time, I'll try to figure out a better search strategy that is still easy to present on the blog.
Stephen R. Miller
|1||Land Use Regulation: It Just Gets Worse U. Balt. J. Land & Dev.1 (2012), Touro Law Center Legal Studies Research Paper Series Michael Lewyn Touro College - Jacob D. Fuchsberg Law Center
31 Jan 2014Accepted Paper Series 30 Downloads
|2|| Government Forbearance: Myth or Reality? 3 Brigham-Hanner Property Rights Conference Journal 2014, Vanderbilt Public Law Research Paper No. 14-2, Vanderbilt Law and Economics Research Paper No. 14-2 James W. Ely Jr. Vanderbilt University - Law School
04 Feb 2014Accepted Paper Series 21 Downloads
|3|| Slum Redevelopment by Linking Social Conditions with Spatial Fabric Through Morphological Study OIDA International Journal of Sustainable Development, Vol. 06, No. 09, pp. 37-46, 2013 Dinesh Singh , Preeti Singh and Krishna Kumar Dhote Maulana Azad National Institute of Technology - Department of Architecture and Planning , Maulana Azad National Institute of Technology - Department of Architecture and Planning and Maulana Azad National Institute of Technology - Department of Architecture and Planning
03 Feb 2014
07 Feb 2014Accepted Paper Series 14 Downloads
|4|| Preserving Perpetuity?: Exploring the Challenges of Perpetual Preservation in an Ever-Changing World 43 Environmental Law 941 (2013) Jess R. Phelps Historic New England
04 Feb 2014Accepted Paper Series 11 Downloads
|5|| Spatial Policies and Land Use Patterns: Optimal and Market Allocations FEEM Working Paper No. 8.2014 Efthymia Kyriakopoulou and Anastasios Xepapadeas Athens University of Economics and Business and Athens University of Economics and Business
11 Feb 2014working papers series 11 Downloads
|6|| The Struggle Over the Columbia River Gorge: Establishing and Governing the First National Scenic Area 4 Washington Journal of Environmental Law and Policy no. 2 (2014, Forthcoming) Michael C. Blumm Lewis & Clark Law School
10 Feb 2014
20 Feb 2014Accepted Paper Series 9 Downloads
|7|| Affordable Housing and Exactions 37 Real Property Law Reporter #1 (Cal CEB Jan. 2014, © The Regents of the University of California, reprinted with permission of CEB), Roger Bernhardt Golden Gate University - School of Law
05 Feb 2014Accepted Paper Series 8 Downloads
|8|| Environmental Preservation and the Fifth Amendment: The Use and Limits of Conservation Easements by Regulatory Taking and Eminent Domain Hastings West-Northwest Journal of Environmental Law & Policy, Vol. 20, No. 215, 2014 Beckett G. Cantley Atlanta's John Marshall Law School
31 Jan 2014Accepted Paper Series 7 Downloads
|9|| LA SOLIDARIDAD DE LA SOJA EN ARGENTINA (Soybeans Solidarity in Argentina) Revista Internacional Administración & Finanzas, v. 6 (6) pp. 115-130, 2013, Marisa Daniela Goytia and Silvina Beatriz Marcolini Universidad Nacional de Rosario-Argentina and Universidad Nacional de Rosario-Argentina
10 Feb 2014Accepted Paper Series 3 Downloads
|10|| Preserving Preservation Easements?: Preservation Easements in an Uncertain Regulatory Future 91 Nebraska Law Review 121 (2012) Jess R. Phelps Historic New England
04 Feb 2014Accepted Paper Series 3 Downloads
|11|| Using Development Financing Tools to Help Cover Costs of Adapting to Climate Change in Tornado Alley and Beyond Carl J. Circo
30 Jan 2014working papers series 3 Downloads
|12|| Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government Vermont Law School Research Paper No. 1-14 Sean F. Nolon Vermont Law School
24 Feb 2014working papers series 2 Downloads
|13|| Case Study on Potential Agricultural Responses to Climate Change in a California Landscape Louise E. Jackson, Stephen M. Wheeler, Alan D. Hollander, Toby O'Geen, Benjamin S. Orlove, Johan Six, Daniel Sumner, Fernando Santos-Martin, Joel Kramer, William Horwath, Richard E. Howitt, and Thomas Tomich. 2011 Case study on potential agricultural responses to climate change in a California lands Louise E. Jackson , S. M. Wheeler , Allan D. Hollander , Toby O'Geen , Ben Orlove , Johan Six , Daniel A. Sumner , Fernando Santos Martin , Joel M. Kramer , William R. Horwath , Richard E. Howitt and Thomas P. Tomich University of California, Davis , University of California, Davis , University of California, Davis , University of California, Davis , University of California, Davis , University of California, Davis - Department of Agricultural and Resource Economics , University of California, Davis , University of California, Davis , University of California, Davis , University of California, Davis and University of California, Davis: Ag Sustainabilit Inst; Humanity & Community Development; Environmental Science & Policy; SAREP
19 Feb 2014Accepted Paper Series 2 Downloads
|14|| 'The Holy Grail' or 'the Good, the Bad and the Ugly'?: A Qualitative Exploration of the ILUAs Agreement-Making Process and the Relationship between ILUAs and Native Title (2010) 14(1) Australian Indigenous Law Review 71-85 Deirdre Howard-Wagner and Amy Maguire University of Sydney and University of Newcastle, Australia
27 Feb 2014Accepted Paper Series 1 Downloads
|15|| Begone, Euclid! Leasing Custom and Zoning Provision to Meet Flash Mobs, 3-D Printing, Incubator Stalls and Novel Retail Mayhem in Thriving Urban Centers Michael N. Widener Arizona Summit Law School
25 Feb 2014working papers series 1 Downloads
|16|| Dumping the 'Anti-Dumping' Law: Why EMTALA Is (Largely) Unconstitutional and Why It Matters Minnesota Journal of Law, Science & Technology, Vol. 15, No. 1, 2014 E. H. Morreim University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine
20 Feb 2014Accepted Paper Series 1 Downloads
|17|| El Patrimonio Arqueológico Como Herramienta De Gestión Ambiental En La Zona Costera De Baja California, México (The Archaeological Heritage as a Tool for the Baja California Coastal Zone Management) Costas, Vol. 2, No. 2, July 2013 Carlos Figueroa-Beltran Sr. and Omar Cervantes Sr. Universidad Autónoma de Baja California and Universidad de Colima
09 Feb 2014Accepted Paper Series 1 Downloads
|18|| Moving Beyond Preservation Paralysis?: Evaluating Post-Regulatory Alternatives for Twenty-First Century Preservation 37 Vermont Law Review 113 (2012) Jess R. Phelps Historic New England
04 Feb 2014Accepted Paper Series 1 Downloads
|19|| Are Poor Really Poor in Pune City Department of Management Studies by Women’s Christian College, Chennai, held on 7th and 8th October, 2010., Swati Shukla Symbiosis Centre for Management Studies
18 Feb 2014Accepted Paper Series
|20|| Bidding Wars for Houses Real Estate Economics, Vol. 42, Issue 1, pp. 1-32, 2014 Lu Han and William C. Strange University of Toronto - Rotman School of Management and University of Toronto - Rotman School of Management
18 Feb 2014Accepted Paper Series
|21|| Ecological Footprint Policy? Land Use as an Environmental Indicator Journal of Industrial Ecology, Vol. 18, Issue 1, pp. 10-19, 2014 Jeroen C. J. M. Van den Bergh and Fabio Grazi Autonomous University of Barcelona - Faculty of Economics and Business Studies and Centre International de Recherche sur l'Environnement et le Développement
15 Feb 2014Accepted Paper Series
|22|| Water Footprint of Cereals and Vegetables for the Beijing Market Journal of Industrial Ecology, Vol. 18, Issue 1, pp. 40-48, 2014 Jing Huang , Bradley G. Ridoutt , Hailin Zhang , Changchun Xu and Fu Chen China Agricultural University - College of Agriculture and Biotechnology , CSIRO’s Sustainable Agriculture National Research Flagship, Animal, Food and Health Sciences , Independent , Independent and China Agricultural University - College of Agriculture and Biotechnology
15 Feb 2014Accepted Paper Series
Thursday, February 27, 2014
An old friend of mine, Erica Gies, has done a lot of great environmental journalism over the past few decades, including a number of major stories for the New York Times (see here, here, etc.) and a number of other top journal outlets. Along with five other environmental reporters, she is embarking on a new endeavor to self-fund environmental journalism following the kickstarter model. They are calling it "Climate Confidential." I think it's a brave new project, and I thought I'd pass it along as it may be something of interest to readers. Check out their website here and the video at that site (sorry, I can't figure out how to embed it) describing what they intend to do. Maybe you'll even toss them a few coins or more to get this started.
Stephen R. Miller
Lots of exciting stuff happening at Touro Law nowadays, where leading land use star Patricia Salkin is now the Dean. One thing I'm particularly excited about is their upcoming conference on law firm incubators. From the conference website:
The job announcement:
The Touro Law Center Clinical Program is hiring two full-time Staff Attorneys. These attorneys will be helping vulnerable Superstorm Sandy-affected households on Long Island, while working to promote a fair and sustainable recovery.
One position is with the Mortgage Foreclosure Clinic and will involve advocacy for households at risk of foreclosure because of Sandy-related losses or displacement. The other is with the Disaster Relief Clinic and will involve federal flood insurance litigation and related advocacy.
We have extended the application deadline beyond what is stated in these announcements. Applications are due by 2:30pm ET on Friday, March 14 by email to Dean Linda Baurle, email@example.com.
Jamie Baker Roskie
Wednesday, February 26, 2014
|Date/Time :||4/11/2014 8:15 AM - 6:00 PM|
|Location :||UCLA Faculty Center|
|Organizer :||Resnick Program for Food Law and Policy|
|Cost :||$135 for public; $65 for academics, non-profit, & new lawyers who have been practicing for less than 5 years; Admission is free to UCLA School of Law faculty and currently enrolled UCLA School of Law students.|
Friday, April 11, 2014 | 8:15 a.m. - 6:00 p.m. | UCLA Faculty Center
UCLA School of Law is a State Bar of California approved MCLE provider.
This activity qualifies for 6.25 hours of general MCLE credit.
Food-related litigation has surged in recent years, with a significant increase in cases attacking labels on the basis claims about the quality of ingredients, or claims a food is “healthy” or “natural.” These developments have evoked considerable discussion of the emerging “Food Court” and its implications for consumers, industry, and lawmakers - but much uncertainty remains. This conference will bring together practitioners, academics, and law students to examine emerging issues in food litigation, its broader context, and the role for litigation in policy-making.
- David Biderman, Partner, Perkins Coie
- Steve Gardner, Director of Litigation, Center for Science in the Public Interest
- Samuel R. Wiseman, Assistant Professor of Law, Florida State University College of Law
- Joanna Schwartz, Assistant Professor of Law, UCLA School of Law
- Michael Reese, Reese Richman LLP
- Diana Winters, Associate Professor of Law, Indiana University Robert H. McKinney School of Law
- Dean Panos, Partner, Jenner & Block
- Kim Kessler, Policy and Special Programs Director, Resnick Program, UCLA School of Law
- Dennis Stearns, Professor from Practice, Seattle University School of Law; Founding Partner, Marler Clark Firm
- Bruce Silverglade, Principal, Olsson, Frank, Weeda, Terman, Matz PC
- Michele Simon, President, Eat Drink Politics
- Neal Fortin, Professor of Law, Michigan State University College of Law
- Margot Pollans, Teaching Fellow, Resnick Program, UCLA School of Law
- Robert Bodzin, Chair of The Litigation Section of The State Bar of CA and Partner, Burnham Brown
- Leslie Brueckner, Senior Attorney, Public Justice, Food Safety and Health Attorney
- Avinash Kar, Senior Attorney, National Resources Defense Council
- Sean Hecht, Executive Director, Environmental Law Center, UCLA School of Law
Tuesday, February 25, 2014
The "$50 million op-ed": The big story of how a little law clinic helped bring New Markets Tax Credit financing to its state
Last week, Idaho Law was fortunate to have Dave Glaser, president of the Montana Community Development Corporation, come to speak to my Economic Development Clinic in Boise and also to address a group of local developers, city officials, and attorneys.
Glaser's visit was the culmination of almost three years of effort, originating with my Economic Development Clinic, to bring New Markets Tax Credit financing to Idaho. To my mind, it's a great story about what law school clinics can do aided by a lot of smarts and, I'll admit, a little serendipity. Here's the story...
About three years ago, I wrote an op-ed in the Idaho Statesman based upon work conducted by my Clinic for a client seeking investment strategies in a low income urban area. In the op-ed, I noted that most other states around Idaho, and especially Montana, were using New Markets Tax Credits to lower financing costs for projects in low income census tracts. Download Miller op-ed.
A lot of Idaho qualified for NMTCs, including all of downtown Boise. I urged Idaho's leaders to hop on the NMTC bandwagon. I did not receive a welcome response. In fact, an e-mail chain--later forwarded to me--sent to most of the Idaho Legislature stated that my op-ed was "misleading." The e-mail continued:
”An NMTC project is incredibly complex and expensive to put together and administer for the life of the financing. Since we have gone almost 12 years since the program began without a CDE requesting or receiving a direct NMTC allocation for economic development in Idaho, probably indicates that it has not been feasible to do so.”
About the same time as that "no go" e-mail was forwarded to me, Glaser gave me a call out of the blue. He'd read my op-ed and, yeah, it didn't make sense that Idaho wasn't doing NMTCs either. Several more calls occurred and a lot of hard work by the Montana CDC ensued. Today, the Montana CDC has moved into Idaho and is substantially assisting low income communities here with some amazing projects that would not have happened otherwise.
As Glaser recently joked in a radio interview, my little 500-word article turned out to be "a $50 million op-ed." In the last three years, the Montana CDC has used NMTC financing for two hospital/clinic expansions in Rexburg and Coeur D’Alene totaling nearly $27 million and created hundreds of construction and permanent jobs. The Montana CDC will also be closing an additional manufacturing project in the spring in East Idaho that will nearly double that amount (around $24 million) and create nearly 300 permanent jobs in a very rural community. From what I hear, other Idaho NMTC projects are in the works, too!
The experience has been a great vindication of the effects of what a little law school clinic out on the prairie (well, in the sage-brush desert, really) can do. One little idea has, certainly, gone a long way in this instance.
You can hear the radio interview with Glaser below (reference to the Clinic's participation in minutes 6:00 - 9:00). Below is also a YouTube presentation Glaser did later in his visit in Boise. The Montana CDC does tremendous work and, to my mind, deserves to be better known than it is. They are well worth a look for those seeking rural models for sustainable economic development.
Stephen R. Miller
The University of Detroit Mercy School of Law will host its annual Law Review Symposium Friday, March 7, 2014. The topic for this year's symposium is GOING TO SEED: URBAN AGRICULTURE IN DISTRESSED CITIES. Scholars from across the country will gather in Detroit, one of the leading cities to pursue development of urban agriculture within the city, to discuss current issues and trends in the industry and its future. The Symposium will also include a panel of local leaders in Detroit's urban agriculture movement. Attendance is free, but advance registration is required; please visit http://www.law.udmercy.edu/index.php/symposium to register or for more information.
Stephen R. Miller
Publisher's Weekly has just published a collection of sentence diagrams--let's call them maps for a land use angle--of first sentences of great American novels. For fiction lovers out there, it's a fun way to noodle away a few minutes. Go to this link to see a full screen version and click the "zoom in" text.
Stephen R. Miller
Monday, February 24, 2014
Jim Holway (Sonoran Institute), along with Don Elliot and Anna Trentadue, has written Combating Zombie Subdivisions: How Three Communities Redressed Excess Development Entitlements, Land Lines Vol. 26, No. 1, pp. 4-13. Not only is the article available through the Land Lines website, but so is the larger report on which it is based. That is called Arrested Developments: Combating Zombie Subdivisions and Other Excess Entitlements. Here's a summary of the magazine piece:
The Teton County Valley Advocates for Responsible Development (VARD) stepped in and petitioned the county to create a process to encourage the redesign of distressed subdivisions and facilitate replatting. VARD realized that a plat redesign could reduce intrusion into sensitive natural areas of the county, reduce governmental costs associated with scattered development, and potentially reduce the number of vacant lots by working with landowners and developers to expedite changes to recorded plats.
On November 22, 2010, the Board of County Commissioners unanimously adopted a replatting ordinance that would allow the inexpensive and quick replatting of subdivisions, PUDs, and recorded development agreements. The ordinance created a solution-oriented process that allows Teton County to work with developers, landowners, lenders, and other stakeholders to untangle complicated projects with multiple ownership interests and oftentimes millions of dollars in infrastructure.
The ordinance first classifies the extent of any changes proposed by a replat into four categories: 1) major increase in scale and impact, 2) minor increase in scale and impact, 3) major decrease in scale and impact, 4) minor decrease in scale and impact. Any increases in impact may require additional public hearings and studies, whereas these requirements and agency review are waived (where possible) for decreases in impact. In addition, the ordinance waives the unnecessary duplication of studies and analyses that may have been required as part of the initial plat application and approval. Teton County also waived its fees for processing replat applications.
The first success story was the replatting of Canyon Creek Ranch Planned Unit Development, finalized in June 2013. More than 23 miles from city services, Canyon Creek Ranch was originally approved in 2009 as a 350-lot ranch-style resort on roughly 2,700 acres including approximately 25 commercial lots, a horse arena, and a lodge. After extensive negotiations between the Canyon Creek development team and the Teton County Planning Commission staff, the developer proposed a replat that dramatically scaled back the footprint and impact of this project to include only 21 lots over the 2,700 acre property. For the developer, this new design reduces the price tag for infrastructure by 97 percent, from $24 million to roughly $800,000, enabling the property to remain in the conservation reserve program and creating a source of revenue on it while reducing the property tax liability. The reduced scale and impact of this new design will help preserve this critical habitat and maintain the rural landscape, which is a public benefit to the general community.
While recovery from the most recent boom and bust cycle is nearly complete in some areas of the country, other communities will be impacted by vacant lots and distressed subdivisions well into the future. Future real estate booms will also inevitably result in new busts, and vulnerable communities can build a solid foundation of policies, laws, and programs now to minimize new problems stemming from the excess entitlement of land. Communities and others involved in real estate development would be well-served by ensuring they have mechanisms in place to adapt and adjust to evolving market conditions. For jurisdictions already struggling with distressed subdivisions, a willingness to reconsider past approvals and projects and to acknowledge problems is an essential ingredient to success. Communities that are able to serve as effective facilitators as well as regulators, as demonstrated in the case studies presented here, will be best prepared to prevent and then respond and treat distressed subdivisions and any problems that may arise from excess development entitlements.
Friday, February 21, 2014
I've blogged in the past about Walmart and community opposition. From Bloomberg Business Week, here's a story indicating maybe Walmart has finally figured out that smaller stores might be better (although, truth be told, this has been in the works for awhile):
For Wal-Mart, becoming more relevant to consumers means becoming more convenient. You could run in and out of a dollar store in about the time it takes to find your car in a Walmart Supercenter parking lot. And smaller stores might—just might—be more palatable to cities that have fought against the big-box stores. Simon said Wal-Mart is planning to open between 270 and 300 smaller stores this fiscal year, a big increase from plans revealed back in October to build just 120 to 150 new small stores.
Jamie Baker Roskie
The US Census just released the numbers from the 2012 US Census of Agriculture. Here is the Census' highlights document:
The scoop: number of farms down, size of farms up, number of new farmers down, average age of farmers up, value of agricultural sales up, but most small farmers need off-farm income to survive. In other words, it appears industrial agriculture is doing fantastic. The rest of the farming world is doing kind of "meh."
Stephen R. Miller
Thursday, February 20, 2014
I'm excited to be a speaker at the Kansas Journal of Law & Public Policy symposium, which is happening tomorrow and will have a number of other great speakers. The good news is that the event will be taped, so even if you can't stop by Lawrence, Kansas tomorrow, you can still check out all the action in the future. Learn more here.
Here is the schedule:
|7:30-8:15||Check-in and Breakfast|
|8:15-8:25||Welcome & Overview of the Symposium Schedule
Dean Mazza, Dean and Professor, University of Kansas School of Law
Ashlee Yager, Editor-in-Chief, University of Kansas Journal of Law & Public Policy
Amanda Marshall, Symposium Editor, Kansas Journal of Law & Public Policy
|8:25-9:15||Global Look at the Sustainability of the Rural Community (PDF)
In order to address the issue of the sustainability of rural communities, the topic needs to be addressed from a global perspective. Dr. Green will speak on how land use, business opportunities and needs, and governmental needs and challenges are inextricably connected for rural communities attempting to develop strategies for economic development.
Dr. Gary Green, University of Wisconsin
|9:30-10:20||Land Use and Sustainability (PDF)
Rural communities face many tough challenges when attempting to balance land use with sustainable development. As an expert in the field of land use and sustainable development law, Dr. Nolon will address the current legal challenges rural communities face when balancing economic development with environmental sustainability law and discuss potential solutions.
Professor John Nolon, Pace Law
|10:35-12:15||Panel Discussion: Issues Rural Communities Face When Attempting to Maximize Land Usage
In rural communities, as land owners attempt to maximize land usage to increase profit, unique challenges have arisen. This panel will discuss the challenges in attempting to maximize land usage from the perspectives of wind energy, oil and gas, and agriculture. The panel will take an in-depth look at the legal challenges and issues when wind and mineral rights are severed from each other and the land, as well as the agricultural issues that arise as land owners attempt to maximize land use for multiple functions.
Professor K.K. DuVivier, University of Denver Sturm College of Law (PDF)
Professor David Pierce, Washburn University School of Law (PDF)
Wes Jackson, The Land Institute (PDF)
|12:15-1:15||Break for Lunch|
|1:15-2:05||Legal Institutions for Rural Economic Development (PDF)
Professor Stephen Miller will discuss the application of urban economic and environmentally sustainable development models to the rural community. As an expert in the field, Professor Miller will speak to how land use law, administrative law, state and local government law, and environmental law all impact the application of the urban economic development model to the rural community.
Professor Stephen Miller, Associate Professor of Law and Director of the Economic Development Clinic, University of Idaho College of Law-Boise
|2:25-4:05||Panel Discussion: Governmental Needs and Challenges Faced by the Rural Community
This panel will address how the different governmental needs and challenges in the areas of health care, business development and Education intersect and conflict with each other. The speakers will discuss current programs available to help rural areas as well as address current needs and potential solutions. Panelist will discuss how the legal field can impact these various needs and challenges.
Sara Roberts, Director of Rural Healthcare in Kansas (PDF)
Patty Clark, Kansas Director of USDA Rural Development (PDF)
Donna Whiteman, Kansas Association of School Boards (PDF)
Andrew Kovar, Partner, Triplett, Woolf & Garretson (PDF)
Saturday, February 8, 2014
The 2014 Farm Bill has passed through Congress and President Obama signed it into law last Friday. The national news, which has focused on reductions to food stamps, has not heavily covered one component of the bill that will be of interest to land use types: a dramatic restructuring of conservation programs. Here is the beginning of a great summary from Outdoor Life, a hunting and fishing magazine and blog:
The bill consolidates 23 conservation programs into 13, and trims $6 billion over a 10-year span in conservation-related spending compared to the 2008 bill, and includes a controversial $35 million, five-year expenditure -- $7 million a year -- to vaccinate wildlife, primarily elk and bison to address bovine brucellosis and bovine tuberculosis and “other zoonotic disease” in the Greater Yellowstone Area.
Despite this, for the first time since the original omnibus farm bill was adopted in 1933, funding devoted to conservation ($56 billion) in the 2014 Farm Bill exceeds expenditures earmarked for commodity subsidies ($44.4 billion).
View the full 2014 Farm Bill, as enacted, here.
Stephen R. Miller
Tuesday, February 4, 2014
Valentine's Day is just around the corner, and the blog PlanningLove.org has come up with some fabulous valentines for land use lovers everywhere. My favorite so far: "Baby, I'm a heat island for you." More at the link here.
Stephen R. Miller