Friday, September 18, 2015

CFP: USF Law Symposium: Housing for Vulnerable Populations and the Middle Class: Revisiting Housing Rights and Policies in a Time of Expanding Crisis

From Tim Iglesias...

Download CALL FOR PAPERS - University of San Francisco Law Review Symposium 2015



Symposium on Housing for Vulnerable Populations and the Middle Class:

Revisiting Housing Rights and Policies in a Time of Expanding Crisis


To be held Friday, January 29, 2016 in San Francisco, California

Sponsored by the University of San Francisco Law Review

Deadline for submission of an abstract is Monday, October 19, 201


Symposium Purpose and Scope

This year the United States Supreme Court reaffirmed the breadth of the Fair Housing Act, and HUD is taking a new approach to affirmatively further fair housing. The California Supreme Court recently upheld inclusionary zoning. States and cities are newly considering rent control and other progressive housing policies.  Micro-housing developments are challenging longstanding housing standards. The time is ripe to revisit the state of legal rights to housing and progressive housing policies: What is in place? How is it working? And what more can be done? Does the widely-recognized expansion of the housing crisis to the middle class change the debate about housing rights and policies? If so, how? Should we refine and add to existing housing rights?  Are there creative new laws and policies worth considering?

The University of San Francisco Law Review will hold a symposium on January 29, 2016, to engage this current moment.  We will gather legal and housing scholars, practicing attorneys, policymakers and other stakeholders from around the nation to examine the problem, critically evaluate current laws and propose new solutions.

Over the past decade, California’s chronic housing crisis has spread to burden the middle class as well as traditionally vulnerable populations--low income people, seniors, homeless people and persons with disabilities. While these problems show up intensely in the San Francisco Bay Area in part because of the widening wealth and income gaps created by the burgeoning tech sector, this is a national issue.  The daily news is full of stories about skyrocketing home prices, steeply increasing rents, evictions, gentrification and displacement. People who have full-time “good jobs” are scrambling to figure out where they can live.

The significance of this new housing crisis extends beyond the importance of housing itself as an essential human need.  Stable, safe and affordable housing located in good neighborhoods has been linked to citizens’ economic and social mobility. Yet the gap between those who can afford such housing and those who cannot is increasing. Substantial residential segregation by race, ethnicity, and income persists. The society we are heading towards resembles a developing county, not one where democracy and opportunity are the foundations. It is more separate and more unequal.  There is more separation between disinvested communities and communities of opportunity.

The federal government substantially cut finding for affordable housing in the early 1980’s, but some subsidies still exist. While there is no “right to housing” in the United States, there are a collection of individual housing rights recognized in most states, including habitability, non-discrimination, and security of tenure. In addition, California and other states have long regulated local governments’ land use authority to promote housing for all income levels and economic integration, but these laws have not been as effective as hoped. Some local jurisdictions have pursued their own solutions, but they too are limited in regional housing markets.

There are no simple answers. Housing has never been only a matter of supply and demand because it interacts with race, education, employment, transportation, environmental issues, public health and the provision of social services.  Economic theories alone seem incapable of understanding or solving the multifaceted problem. Solutions will include a variety of types of regulation as well as funding.

Symposium Format

This one day symposium will include a keynote speaker, panel presentations, a luncheon, and a reception following the symposium.  In this announcement, we are inviting proposals for research papers to be presented on panels.

We currently anticipate three sequential panel sessions:  The first will concern the nature and scope of the housing problem (both for traditionally vulnerable populations and the middle class); the second will examine existing laws and their application; and the third will explore proposals to reach beyond the current laws and policies.

Potential Research Paper Themes

We invite proposals on topics of your own framing consistent with the symposium’s theme.  Below are several possible specific themes and issues grouped by proposed panel presentation session.  These panel sessions can be used as a guide for your paper.  If your abstract is selected, we will invite you to join one of our panels and consider publishing your paper in the Symposium issue of the USF Law Review.


We need to understand the history and extent of the housing crisis—how did we get to where we are now? What are the links between affordable housing and fair housing; and what are the potential conflicts? What are the key linkages between affordable housing, transportation, jobs, education, social mobility, etc. What are the social, political, and economic consequences of our housing crisis, e.g. displacement and disenfranchisement?


How are the existing laws and policies working? How can they be improved?

Depending upon the jurisdiction, individuals have numerous housing rights derived from federal, state, or local laws, e.g. habitability, anti-discrimination, rent control, just cause eviction, and the housing rights of people living in government-subsidized housing.

In addition, progressive housing policies at each level of government shape housing markets including by subsidizing affordable housing development and by regulating local governments’ discretion in exercising land use authority. The latter group includes laws requiring “fair share” housing as part of a city’s general plan, density bonus laws, laws promoting certain kinds of housing development (e.g. secondary housing units or transit-oriented development), inclusionary zoning, and fair housing law, including the duty to affirmatively further fair housing.


We want to encourage the exploration of new, creative and practical ideas that will effectively address the nature and scope of our housing crisis and serve positive policy goals. The following questions are merely suggestive. Should we create new individual housing rights? Are there federal, state, regional, or local policies that can shape housing markets to better achieve desired results? What should be the role of affected communities in setting housing policy and determining outcomes, e.g. preventing displacement? Should laws mandate, favor, or specifically enable certain kinds of housing developments, e.g. community land trusts, limited equity cooperatives, mixed income housing or micro-housing? Should the federal mortgage interest deduction continue as our sole true housing entitlement?

Submission Process & Deadlines

Individuals interested in presenting a research and/or policy panel session paper should submit an abstract of no more than 1000 words describing the paper’s proposed topic, theme, and research methodologies by no later than Monday, October 19, 2015.  This summary should be sent as an attachment to Tanya Rivera (the Symposium editor) at and Professor Tim Iglesias (Symposium faculty advisor) at

September 18, 2015 | Permalink | Comments (0)

Monday, September 14, 2015

Great Opportunity for Law Students Writing on Land Use and Related Topics

Law students writing on land use and related topics should consider submitting their papers to the ABA State and Local Government Law Young Lawyers Section's annual writing competition. The winning article will be published in The Urban Lawyer, the journal of the American Bar Association (ABA) State and Local Government Law Section. The Urban Lawyer is published quarterly with UMKC Law faculty members as its editors and UMKC law students as its staff members.

The journal publishes articles on legal and policy issues relevant to state and local government law, including land use and development, public education, state and local government law and ethics, constitutional law, real estate development, and environmental law. The journal has an extremely large circulation with nearly 6,000 hard-copy subscribers and nearly 3,000 online subscribers. Articles in it have been cited by the Supreme Court and numerous Courts of Appeals and state supreme courts and are also reprinted in many legal treatises. Washington and Lee University’s Law Journal Rankings place The Urban Lawyer among the top ten peer-edited law journals most cited by other journals and among the top twenty peer-edited law journals most cited by cases, and rank the journal as the third-highest rated peer-edited law journal that publishes articles relating to public policy, politics, and the law.

In addition to publishing in the Urban Lawyer, the winner will be invited to the ABA State and Local Government Law Section's 2016 spring meeting in Puerto Rico to present the winning article. Travel and lodging expenses will be reimbursed, up to $1,500.

Articles should range between 25 and 50 pages and should be properly footnoted.

For more information see here. To join the ABA State & Local Government Law Section, click here or call 1-800-285-2221. ABA law student members are free.


Sarah J. Adams-Schoen, Assistant Professor of Law and Director of Touro Law’s Institute for Land Use & Sustainable Development Law, and managing author of the blog Touro Law Land Use.

September 14, 2015 in Scholarship, Teaching | Permalink | Comments (0)

Edsall in NY Times on Milliken v. Bradley and Overconcentration of Poverty

Last week in the NY Times, Thomas Edsall (Columbia-Journalism) had an op-ed that looks at the past, present and future of overconcentration of poverty in the U.S.   In "Whose Neigborhood Is It?", Edsall begins with the U.S. Supreme Court's refusal in Milliken v. Bradley to extend school desegregation remedies across a municipal boundary without a showing that a defendant suburban district had a history of de jure racial segregation.   Legal scholars have frequently pointed to this 1974 case as a signal from SCOTUS that the suburban schools would be protected from inner-city decline. Interestingly, Edsall emphasizes the resulting exodus of middle-class African-American families to inner-ring suburbs.  The op-ed moves on to discuss the findings of Thomas, David Card and Paul Jargowsky, quickly bringing the reader into strong insights on a crucial issue. 

Today's op-ed is just one in a series that Edsall has written this year on the metropolitan geography of poverty.  Although  I found his criticism last month of low-income housing developers misplaced, that op-ed and others on the political fallout from the Inclusive Communities litigation and educational opportunities for low-income children make good resource material for supplemental assigned reading.

Jim K.

September 14, 2015 in Affordable Housing, Housing, Inclusionary Zoning, Planning, Race, Zoning | Permalink | Comments (0)

Friday, September 11, 2015

Recent (9/3/2015) 9th Circuit opinion in RANCHO DE CALISTOGA V. CITY OF CALISTOGA. ( opinions/2015/09/03/12-17749.pdf).

Affirmance of district court’s dismissal of an
action brought by the owner of a mobile home park who
alleged that the City of Calistoga’s mobile home rent control
laws violate the Takings, Due Process and Equal Protections
Clauses of the United States Constitution.


Itzchak Kornfeld

September 11, 2015 | Permalink | Comments (0)

Thursday, September 10, 2015

Free Monthly Program on Land Use Law

As the Vice Chair of the Land Use Committee of the ABA State & Local Government Law Section, I’m pleased to share a number of opportunities for land use law profs, students and practitioners. Committee Chair Jessica Bacher, Executive Director of the Pace Land Use Law Center, will be guest blogging in October, so subscribers to the Land Use Prof blog can also expect live reporting from the Section’s Fall Meeting in Louisville, Kentucky.

ABA State & Local Government Law Section members are welcome to join the Land Use Committee for its monthly teleconference, at which we briefly discuss business before turning to a substantive program featuring cutting edge subjects in the area of land use, planning and zoning law. ABA law student members can join the Section for free. (Join by clicking here or calling 1-800-285-2221.)  

The Land Use Committee’s next meeting is scheduled for Friday, September 11, 2015, at 2:00 pm EST, and we will feature as speakers David L. Callies, FAICP, Kudo Professor of Law at the University of Hawaii, and Tim Iglesias, Professor of Law at the University of San Francisco School of Law. Professor Iglesias organized and co-authored an amicus brief in support of the City of San Jose. They will be presenting a 30-minute program on the Law of Affordable/Workforce Housing Exactions and Set-Asides.

The speakers will discuss the holding and rationale of the recent California Supreme Court decision in California Building Industry Association v. City of San Jose, which challenged an inclusionary zoning ordinance, and the effect of this decision on the law of affordable/workforce housing exactions and set-asides, and implications for exactions and impact fees generally. The court found that the challenged inclusionary zoning ordinance was a land use regulation subject to rational basis review and not an exaction subject to heightened judicial scrutiny.

The Law of Affordable/Workforce Housing Exactions and Set-Asides

Friday, September 11, 2015

2:00 p.m. EST

Dial-in 888-3967955

Passcode 797687#  

Sarah J. Adams-Schoen, Assistant Professor of Law and Director of Touro Law’s Institute for Land Use & Sustainable Development Law, and managing author of the blog Touro Law Land Use here.

September 10, 2015 in Affordable Housing, California, Caselaw, Housing, Inclusionary Zoning, Lectures, Zoning | Permalink | Comments (0)

Wednesday, September 9, 2015

Call for abstracts: AALS Section on Property: Junior Scholar Mentoring Session @ 2016 AALS Annual Meeting


AALS Section on Property
Junior Scholar Mentoring Session

2016 AALS Annual Meeting
Property Section Breakfast
7:30 AM
January 7, 2016
New York, NY


The AALS Section on Property is pleased to invite junior faculty members to submit an abstract of a current writing project or an abstract outlining a possible paper idea.  Authors of selected abstracts will informally present their theses/ideas during a mentoring session to be held as one part of the Section breakfast at the 2016 AALS Annual Meeting in New York.  The breakfast will take place at 7:30 am on January 7, 2016.

The goal of this event is to create a safe and organized (but informal) space at the AALS meeting for junior property scholars to meet and engage with more experienced scholars.  Selected presenters will have a maximum of 5 minutes to informally present their emerging theses/ideas to their table at the breakfast, after which the members of the Section at each table can offer feedback.  Each table will have at least one member of the Section’s Executive Committee as well as other more senior property scholars who will provide mentoring advice, including constructive comments and guidance designed to help suggest ideas and directions of research that might assist with the junior scholar’s project. 

Interested full-time, junior faculty members (defined for these purposes as 10 years or less in the academy) of AALS member law schools are invited to submit an abstract of one to three pages to Professor Donald J. Kochan (Chapman University Fowler School of Law), Secretary of the AALS Section on Property, at by September 30, 2015.  A review panel consisting of seven property scholars will select three to five junior scholars’ abstracts for these informal presentations and table discussions at the Section breakfast.  Selected presenters will be notified of the review panel’s decision in mid-October.  Each selected presenter will be responsible for paying his/her annual meeting registration fee, the registration fee for attending the Property Section breakfast, and travel expenses.

Please feel free to direct questions to Professor Kristen Barnes (University of Akron School of Law), Chair of the AALS Section on Property,, or Professor Kochan at

September 9, 2015 | Permalink | Comments (0)

Memorial Service for Marc Poirier at Seton Hall

Recently on this blog I memorialized our friend Marc Poirier, one of my favorite people and an excellent scholar and teacher.  Today I received an invitation to his memorial service. The service will be Tuesday, September 29th at 4:00 p.m. at Seton Hall University School of Law in Newark.  If you would like more information, or to RSVP, follow this link.

Jamie Baker Roskie

September 9, 2015 | Permalink | Comments (0)

Interdisciplinary Readings on Land Use: Ecosystem Services and Land Use

The field of ecosystem services is one of the most under-studied yet important topics in land use law.  Ecosystem services are the socially or humanly valuable benefits that nature’s systems provide.  Land uses depend on ecosystem services, yet many land uses adversely affect the capacity of ecosystems to produce these services.  For example, the water-absorbing functions of wetlands protect developed lands from flooding, but land development projects have filled or altered many wetlands and thus reduced their functions.

Ecosystem services have gotten significant attention in environmental law scholarship, thanks largely to the influential work of Jim Salzman ( and J.B. Ruhl (  In fact, one of the important interdisciplinary books on ecosystem services that land use scholars should read is J.B. Ruhl, Steven E. Kraft, and Christopher L. Lant, The Law and Policy of Ecosystem Services (Island Press 2007). 

However, land use scholarship has not given much attention to ecosystem services.  Keith Hirokawa has written several excellent articles on various aspects of ecosystem services, land use, and local governance (  I addressed the extent to which the land use regulatory system is well suited or poorly suited to sustaining and protecting ecosystem services in Arnold, The Structure of the Land Use Regulatory System in the United States, 22 Journal of Land Use and Environmental Law 441 (2007), available at SSRN:  Keith and I joined Jim Salzman, interdisciplinary scholars at Duke University’s Nicholas Institute for Environmental Policy Solutions, and several other scholars and practitioners to tackle head-on the need for new and more research on the law and policy of urban ecosystem services.  We identified 3 major categories of promising research questions: 1) the equitable provision of urban ecosystem services; 2) payment for urban ecosystem services; and 3) urban ecosystem governance.  Our article was published as James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey LeJava, Margaret Peloso, and Lydia Olander, The Most Important Current Research Questions in Urban Ecosystem Services, 25 Duke Environmental Law and Policy Forum 1 (2014), available at

Any land use scholar seeking to explore ecosystem services should start with the seminal book on the subject: Gretchen C. Daily, ed., Nature’s Services: Societal Dependence on Natural Ecosystems (Island Press 1997).  Other classic books include Robert Costanza, ed., Ecological Economics: The Science and Management of Sustainability (Columbia University Press 1991), and Herman Daly and Joshua Farley, Ecological Economics: Principles and Applications (Island Press 2004).  A more recent book, written for a lay audience, is Mark R. Tercek and Jonathan S. Adams, Nature’s Fortune: How Business and Society Thrive by Investing in Nature (Basic Books 2013).  Tercek is President and CEO of The Nature Conservancy, and Adams is a conservation biologist.  Chapter 8 gives special attention to urban and land-use issues. 

Those who are interested in exploring the scientific issues about how to measure, map, and value ecosystem services, the following books are worth attention:

Peter Kareiva, Heather Tallis, Taylor H. Ricketts, Gretchen C. Daily, and Stephen Polasky, eds., Natural Capital: Theory and Practice of Mapping Ecosystem Services (Oxford University Press 2011);

Steve Wratten, Harpinder Sandhu, Ross Cullen, and Robert Costanza, eds.., Ecosystem Services in Agricultural and Urban Landscapes (Wiley-Blackwell 2013);

Millennium Ecosystem Assessment, Ecosystems and Human Well-Being: A Framework for Assessment (Island Press 2003); and

Millennium Ecosystem Assessment, Ecosystems and Human Well-Being: Synthesis (Island Press 2005). 

Those who are interested in the social-justice and philosophical issues surrounding ecosystem services should check out Thomas Sikor, ed., The Justices and Injustices of Ecosystem Services (Earthscan/Routledge 2013). 

A scholarly book on policy that transcends several disciplines, including geography, ecology, economics, and political science, is Sander Jacobs, Nicolas Dendoncker, and Hans Keune, eds., Ecosystem Services: Global Issues, Local Practices (Elsevier, 2013). 

A new book directly addresses the relationship between ecosystem services and land use: Jinyan Zhan, Impacts of Land-use Change on Ecosystem Services (Springer, 2015). 

If you are interested in developing new, collaborative research projects on ecosystem services and land use, please contact me at  I’d love to explore potential opportunities for collaboration on this much under-researched topic.   But whether you seek to pursue new research collaborations, plan to develop your own individual research projects, or are merely interested in knowing more, I urge you to explore the topic of ecosystem services.


September 9, 2015 | Permalink | Comments (0)

Saturday, September 5, 2015

Only 6 Months Until New FEMA Guidance Requiring Consideration of Future Climate Risks in State HMPs Becomes Agency Policy

In March 2015, FEMA issued a State Mitigation Plan Review Guide, following notice and comment. Under the new guidance, state Hazard Mitigation Plans (HMPs) must consider the probability of future hazards, taking into consideration changing future conditions including changing climate and weather conditions.  And, on March 6, 2016, this new guidance will become the agency’s official policy on the natural hazard mitigation planning requirements of Title 44 of the Code of Federal Regulations (CFR) Part 201, and FEMA’s interpretation of federal regulations for state hazard mitigation plans.

A change in the requirements for state HMPs can mean real money to state governments because these plans are one of the conditions of eligibility for certain federal assistance—for example, Public Assistance Categories C-G and Hazard Mitigation Assistance mitigation project grants. Although states are currently required to adopt HMPs in order to qualify for certain disaster funds, under past FEMA guidelines state governments could assess their potential risks based on historic data. In other words, their HMPs could ignore risks from the foreseeable effects of climate change, including rising sea levels, higher storm surges, and more frequent and intense storms, droughts and heat waves. Expressly recognizing the significance of climate change to risk mitigation planning, the new guidance explains that future climate-change related risks must be considered because

“Past occurrences are important to a factual basis of hazard risk; however, the challenges posed by climate change, such as more intense storms, frequent heavy precipitation, heat waves, drought, extreme flooding, and higher sea levels, could significantly alter the types and magnitudes of hazards impacting states in the future.” (State Mitigation Plan Review Guide § 3.2.)

The new FEMA guidance also recognizes the significance of land use planning to risk reduction. The guidance suggests that to effectively increase community resilience the HMP must be more than an emergency management plan and the planning process must include the full range of effected sectors, including land use, economic development, housing, health and social services, and infrastructure.

In an apparent shot across the bow to state climate change deniers, the new guidance also finds that 44 CFR §201.4(c)(6), which requires state HMPs to “be formally adopted by the State,” means that the plan must be adopted by the highest elected official in the state or his or her designee. The guidance states that

“[Plan adoption by the state’s highest elected official or designee] demonstrates commitment to the mitigation strategy and may serve as a means to communicate priorities to entities within the state agencies regarding vulnerability and mitigation measures . . . [and] may increase awareness of and support from the state agencies with mitigation capabilities and responsibilities, not just the state agency responsible for the mitigation planning program.” (State Mitigation Plan Review Guide § 3.7.)

A survey of state HMPs from the 2010-11 period by Columbia Law School’s Sabin Center for Climate Change Law, found that

  • 18 state HMPs had “[n]o discussion of climate change or inaccurate discussion of climate change.” (AL, DE, GA, ID, IN, IA, KT, MS, MO, MT, NE, NV, NM, ND, OK, TN, SD, WY)
  • 11 state HMPs had “[m]inimal mention of climate change related issues.” (AZ, AR, IL, KA, LA, OH, PA, SC, TX, UT, VA)
  • 10 state HMPs had an “[a]ccurate but limited discussion of climate change and/or brief discussion with acknowledgement of need for future inclusion.” (FL, ME, MI, MN, NJ, NC, OR, RI, WV, WI)
  • 11 state HMPs had a “[t]horough discussion of climate change impacts on hazards and climate adaptation actions.” (AK, CA, CO, CT, HI, MD, MA, NH, NY, VT, WA)

Even though it appears 21 states already include at least an accurate, albeit sometimes limited, discussion of climate change, the new FEMA guidance requires significantly more—which raises the question of whether states are equipped to address future hazards, including climate-related hazards, as robustly as the new guidance requires. For example, are states equipped to quantify climate-change related risks at the state level? For most, the answer is probably “no.” The Guide gives a nod to this problem, suggesting that “states are expected to look across the whole community of partners (for example, public, private, academic, non-governmental, etc.) to identify the most relevant data and select the most appropriate methodologies to assess risks and vulnerability.” (State Mitigation Plan Review Guide § 3.2.) However, notwithstanding potential support from community partners, the complexity of scaling global climate data to a regional scale and identifying related risks within a relatively short time frame means that most states will be hard pressed to quantify future hazard probabilities by the time their next HMP update is due.

New York may be among the few states that are equipped to respond in time. New York’s Department of State and Department of Environmental Conservation began developing statewide climate-related projections earlier this year in response to the newly enacted New York Community Risk and Resiliency Act, which among other things directs the state agencies to prepare climate projections and model municipal laws taking into consideration sea-level rise and other climate-related events.

Given the unmet need for state and local resources to adequately assess, plan and ultimately implement hazard mitigation strategies that account for climate change, as well as the political backlash from the new requirement, is FEMA’s new guidance ill conceived? My answer is “no.” Many resources exist to help states in their hazard mitigation planning process, and I suspect FEMA will accept plans that consider climate change risks even if the supporting climate data are not scaled to the state level, as long as the state risk assessment takes into consideration FEMA's updated flood maps and other available climate-related risk projections.

And, more significantly, the new guidance is a necessary step in closing a troubling gap between climate-related vulnerabilities and preparedness that exists in the United States. Global temperatures are increasing and the rate of increase is accelerating, with corresponding increases in sea levels, acidification of oceans, and losses of flood-mitigating wetlands. Many communities are already experiencing climate change related hazards, including eroding shores, more massive storm surges, more severe storms, salt water intrusion, loss of land, heat waves, wildfires, and droughts. State HMPs based solely on historic data that don’t take into account these changing conditions fail to address the full gambit and magnitude of hazards that are likely to impact the states—with resulting loss of lives, public health and welfare impacts, property damage, and potentially avoidable expenditures of federal disaster funds. Thus, although some lawmakers are charging FEMA with politicizing the hazard mitigation planning process and access to disaster funds, state administrations that are unwilling to fully consider and plan for foreseeable hazards are themselves jeopardizing public health and welfare in order to hold onto a political position that no longer holds water.

For more information check out:

Post by Sarah J. Adams-Schoen, Assistant Professor of Law and Director of Touro Law’s Institute for Land Use & Sustainable Development Law, and managing author of the blog Touro Law Land Use.

September 5, 2015 in Climate, Federal Government, New York, Planning, State Government | Permalink | Comments (0)

Friday, September 4, 2015

CFP: Memphis Law Review Symposium: Urban Revitalization: The Legal Implications in Restoring a City

Download Memphis Law Call for Papers


The University of Memphis Law Review Annual Symposium


March 18, 2016 in Memphis, TN 


It is a pleasure to invite you to The University of Memphis Law Review’s 2016 Annual Symposium. The theme this year is “Urban Revitalization: The Legal Implications in Restoring a City.”  As the name suggests, we will focus our attention on the legal issues of cities that face large turnover, abandonment, and blighted properties. The University of Memphis Law Review, organizer of the event, will host Symposium sessions at the Cecil C. Humphreys School of Law at 1 North Front Street Memphis, TN 38103 on March 18, 2016.

The University of Memphis Law Review Symposium is held every spring on a topic of current interest to the student population, the legal community, and the city. The Symposium is a one-day CLE event. An issue of The Memphis Law Review will be published in conjunction.

This law symposium is unique in that it will be followed by a Community Summit at the Law School on March 19, 2016. The Summit is specifically designed for local, regional and state officials, civil leaders and others who put law and public policy into practice.

Topics of interest

With this symposiums focus on the legal implications of revitalizing distressed communities, neighborhoods, and properties, we are particularly interested in the intersection of law and policy as local government, together with community, institutional and philanthropic partners, deploy a wide variety of policies, strategies, and legal remedies to address blighted properties.  Our topic specifically covers the areas of municipal, real property, and environmental law.  Under this broad umbrella, we are particularly interested in articles addressing:

  • Code enforcement laws and policies to defeat residential blight
  • Mortgage foreclosure, bankruptcy and property abandonment
  • Use of data in the fight against blighted property
  • Criminal nuisance theory and procedure
  • Health law and Healthy Homes theory and procedure
  • Disparate impact in revitalizing neighborhoods
  • Property rights in the light of community beautification projects
  • Land banking functions, structures and legislative requirements
  • Tax delinquency and issues of takings or eminent domain
  • Disparate racial impact in neighborhood stabilization policies and practices
  • HUD’s new affirmative fair housing policy in blighted urban neighborhoods
  • Administrative versus judicial remedies in property revitalization
  • Special purpose housing and environmental courts
  • Public policies and programs for better health in homes and neighborhoods

Guide for authors

The deadline to submit abstracts is October 1, 2015. To submit your abstract, please click on the following link:

Click “Submit Now” and search for The University of Memphis Law Review. Follow the remaining prompts to upload and submit your article.  Please identify your submission as a symposium proposal so it will be sent to the correct editor.

You may also submit directly to The University of Memphis Law Review through email at

Important Dates

Deadline for submission: November 1, 2015

Notification of acceptance: November 30, 2015

Organizing committee:

For any additional questions about the event or about submitting an article, please email Kelly Masters Peevyhouse at



September 4, 2015 | Permalink | Comments (0)

The Negev Desert: There is nothing as rotten as a decaying dream.

So prized was the Negev to Israel’s founding generation that David Ben-Gurion, the man who is considered to be one of the founders of the state, and its first Prime Minister, built a home there, which he called Sde Boker – translated as cowboy field.  Moreover, he and his beloved wife Paula are buried there.  Ben Gurion and later, Prime Minister Arik Sharon, who also lived in the Negev, considered that land a blissful respite from their weekly work.  These men and the thousands of others, who have made the desert their home, see it as a picturesque and superbly scenic habitat that freshens the soul.

Nevertheless, there was and is a darker side to Ben Gurion’s ideal of the Negev.  He had a vison of “blooming the desert”, which he expressed as follows:

"The desert provides us with the best opportunity to begin again.  This is a vital element of our renaissance in Israel.  For it is in mastering nature that man learns to control himself.  It is in this sense, more practical than mystic, that I define our Redemption on this land.  Israel must continue to cultivate its nationality and to represent the Jewish people without renouncing its glorious past.  It must earn this — which is no small task — a right that can only be acquired in the desert."

This dream conflicts with that of most Jewish Israelis.  Indeed, until recently land-use in the Negev was primarily recreational.  The desert is seen by most Israelis as a place of calm and serenity, one to be utilized for hiking, day trips and the home of the Bedouin.  Nevertheless, the dream of “blooming the desert” persists. 

There is nothing as rotten as a decaying dream.  One rooted in a romantic vision of the past.  And in the second decade of the twenty-first century Ben Gurion’s dream reeks.  Today, we are in an age of sustainability, protection of common resources for future generations and ecotourism.  Moreover, science continues to teach us that desert ecosystems are both fragile and complex.  Therefore, they must be left alone.  The land is to be used for non-use.

However, that began to change in the mid-1990s.  First, as the government became more right-leaning and nationalistic, a number of commissions were empaneled to draft plans to import as many as 500,000 Jews into the Negev and to force some 80,000 Bedouin to concentrate into the government’s pre-built and pre-planned towns - away from their indigenous tribal and family-based settlements.  Another factor is the decision by the government, which was upheld by the Supreme Court of Israel, that those Bedouins who did not have a paper title or whose families did not register their lands with the British in 1921, de facto did not own the lands they occupied, i.e., they are squatters.

In essence, the Government of Israel (“GOI”) seeks to Judaize the Negev.  Like previous like-minded European colonialists, the government seeks to concentrate its indigenous peoples into reservations or ghettos, see e. g., the South Africa’s townships; the United States’ Indian reservations and broken treaties; Canada’s First Nations; Australia’s Koori (e), Murri, Nunga, Nyoongah, the Tasmanian Palawa and New Zealand’s Mauri.  The main difference between Israel and the other colonial powers is that they ghettoized their aboriginal populations during the eighteenth and nineteenth centuries, while Israel is doing so in the present day – an era of human rights, and the government’s accession to numerous human rights treaties, which would lead one to believe that it should know better.  However, when ideology collides with reality, reality always appears to be vanquished, until it catches up.

September 4, 2015 in Aesthetic Regulation, Community Design, Comparative Land Use, Eminent Domain, Environmentalism | Permalink | Comments (0)

Thursday, September 3, 2015

Land use law-related articles posted on SSRN in August

August saw another bumper-crop of land use-law related articles posted to the SSRN Property, Land Use & Real Estate Law eJournal.  Below is a survey of those articles posted to SSRN in the month of August listed in the reverse order of posting (e.g., the articles at the top were posted later in the month).  The order here has no relation on the number of downloads.  Lots of land use law scholarship going on, which is exciting to see.  

(Since I am a few days late in conducting this survey, I thought I'd clarify that I am only including those articles posted to SSRN in August.  I will list those article posted in September at the end of this month.)

Happy reading!


 Relative Administrability, Conservatives, and Environmental Regulatory Reform
Florida Law Review, Vol. 68, No. (2016, Forthcoming)
Blake Hudson 
Louisiana State University, Baton Rouge - Paul M. Hebert Law Center 

 The City as a Commons
Sheila Foster and Christian Iaione 
Fordham University School of Law and Università degli Studi Guglielmo Marconi 

 Underwriting Sustainable Homeownership: The Federal Housing Administration and the Low Down Payment Loan
Georgia Law Review, Forthcoming, Brooklyn Law School, Legal Studies Paper No. 420
David J. Reiss 
Brooklyn Law School 

Order and Disorder in the Urban Forest: A Foucauldian/Latourian Perspective
L. Anders Sandberg, Adrina Bardekjian, and Sadia Butt (eds.), Urban Forests, Trees, and Green Space: A Political Ecology Perspective (Routledge/Earthscan), pp. 132-146, 2014, SUNY Buffalo Legal Studies Research Paper No. 2015-034
Irus Braverman 
State University of New York (SUNY), Buffalo, SUNY Buffalo Law School 

 Public Opinion on Hydraulic Fracturing in the Province of Quebec: A Comparison with Michigan and Pennsylvania
Issues in Energy and Environmental Policy, No. 17, October 2014
Erick Lachapelle and Eric Montpetit 
Université de Montréal and University of Montreal 

 Shifting Public Land Paradigms: Lessons from the Valles Caldera National Preserve
Virginia Environmental Law Journal, Forthcoming, UNM School of Law Research Paper No. 2015-21
Melinda Harm Benson 
University of New Mexico 

 This Land's Not My Land? Eminent Domain Research in Virginia
Virginia Lawyer, Vol. 5, October 2010
Marie Summerlin Hamm 
Regent University - School of Law 

 Revealing the Rapist Next Door: Property Impacts of a Sex Offender Registry
International Review of Law and Economics, Forthcoming, George Mason Legal Studies Research Paper No. LS 15-06, George Mason Law & Economics Research Paper No. 15-24
Susan Yeh 
George Mason University School of Law 

 An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law
1 Journal of Law, Property, and Society 107 (2015), U Denver Legal Studies Research Paper No. 15-45
Federico Cheever and Nancy A. McLaughlin 
University of Denver Sturm College of Law and University of Utah S.J. Quinney College of Law 

Explaining the Certainty of Term Requirement in Leases: Nothing Lasts Forever
Cambridge Law Journal, Forthcoming
Ian Williams 
Faculty of Laws, University College London 

 Takings for Granted: The Convergence and Non-Convergence of Property Law in the People's Republic of China and the United States
Duke Journal of Comparative & International Law, Vol. 19, No. 133, 2008
Dennis Schmelzer 
Dechert LLP 

Statutory Right of Redemption and the Selling Price of Foreclosed Houses
Journal of Real Estate Finance and Economics, Vol. 51, No. 3, 2015
Bruce L. Gordon and Daniel T. Winkler 
University of North Alabama and University of North Carolina (UNC) at Greensboro –

Housing Tax Reform and Foreclosure Rates
Journal of Real Estate Finance and Economics, Vol. 51, No. 3, 2015
Richard Dusansky and Firas Zebian 
University of Texas at Austin and Independent 

 Wilderness: Good for Alaska Legal and Economic Perspectives on Alaska’s Wilderness
Washington Journal of Environmental Law & Policy, 2015
Elizaveta Barrett Ristroph and Anwar Hussain 
University of Hawaii at Manoa and Auburn University - School of Forestry & Wildlife Sciences 

 Traditional Cultural Districts — An Opportunity for Alaska Tribes to Protect Subsistence and Traditional Lands
Alaska Law Review, Vol. 31, No. 2, 2015
Elizaveta Barrett Ristroph 
University of Hawaii at Manoa 

 Bankruptcy Weapons to Terminate a Zombie Mortgage
Washburn Law Journal, Vol. 54, No. 3, 2015
Andrea J. Boyack and Robert Berger 
Washburn University - School of Law and U.S. Bankruptcy Court 

 The Government’s Right to Destroy
47 Arizona State Law Journal 269 (2015), U of Houston Law Center No. 2015-A-17
Kellen Zale 
University of Houston Law Center 

 Sharing Property
University of Colorado Law Review (Forthcoming), U of Houston Law Center No. 2015-A-16
Kellen Zale 
University of Houston Law Center 

Climate Change is Winning the Race: Using Negotiated Rulemaking to Push Wind Energy to First Place
Nicole Gallerano 

 Realizing the Cooperative Advantage at the Atkinson Housing Cooperative: The Role of Community Development to Improve Public Housing
Journal of Entrepreneurial and Organizational Diversity, Vol. 4, No. 1 (2015): 52-74
Jorge Sousa 
University of Alberta - Educational Policy Studies 

 Mutual Exclusivity and the Nature of Property
James Y. Stern 
William & Mary Law School 

 Property Management Company in Housing Institutions
Feng Frederic Deng 
Chongqing Technology and Business University 

 Green Buildings: The Indian Perspective
Arpitpushp Chaturvedi 
OP Jindal Global University - Jindal Global Law School (JGLS) 

 Is the Sky the Limit? Following the Trajectory of Aboriginal Legal Rights in Resource Development
Macdonald-Laurier Institute Paper Series (June 2015)
Dwight G. Newman 
University of Saskatchewan College of Law 

 ‘The Sacredness of Private Property:’ State Constitutional Law and the Protection of Economic Rights Before the Civil War
NYU Journal of Law & Liberty, Forthcoming, Vanderbilt Public Law Research Paper No. 15-21, Vanderbilt Law and Economics Research Paper No. 15-17
James W. Ely Jr. 
Vanderbilt University - Law School 

 Locke, Hegel, and Rights to Property: Examining the Unstable Ideological Architecture of the Canadian Law of Aboriginal Title
University of Toronto Faculty of Law Review, Vol. 69, No. 1, 2012
Malcolm Lavoie 
University of Alberta Faculty of Law 

 Indigenous Cooperatives in Canada: The Complex Relationship between Cooperatives, Community Economic Development, Colonization, and Culture
Journal of Entrepreneurial and Organizational Diversity, Vol. 4, No. 1, (2015): 121-152
Ushnish Sengupta 
Ontario Institute for Studies in Education 

 [Re]Integrating Community Space: The Legal and Social Meanings of Reclaiming Abandoned Space in New York's Lower East Side
Andrea McArdle, Re]Integrating Community Space: The Legal and Social Meanings of Reclaiming Abandoned Space in New York's Lower East Side, 2 Savannah Law Review 247 (2015)
Andrea L. McArdle 
CUNY School of Law 

 Is Decentralisation Always Good for Climate Change Mitigation? How Federalsim Has Complicated the Greening of Building Policies in Austria
Steurer, R. & Clar, C. (2015): Is decentralisation always good for climate change mitigation? How federalism has complicated the greening of building policies in Austria, in: Policy Sciences, 48/1, 85-107, InFER Discussion Paper 4-2015
Reinhard Steurer and Christoph Clar 
InFER - Institute of Forest, Environmental, and Natural Resource Policy; University of Natural Resources and Life Sciences (BOKU), Vienna and Universität für Bodenkultur Wien (BOKU) - Institute of Forest, Environment and Resource Policy 

 Disparate Impact and the Role of Classification and Motivation in Equal Protection Law after Inclusive Communities
Cornell Law Review, Vol. 101, Forthcoming
Samuel R. Bagenstos 
University of Michigan Law School 

 Boundary Work in Black Middle-Class Communities
2 Savannah Law Review 225 (2015)
Stephen Clowney 
University of Arkansas - School of Law 

 Walking the Talk: Are Land Evictions in Uganda in Line with Human Rights Standards?
Bako Jane Patricia 
Uganda Christian University 

 Dealing with Dirty Deeds: Matching Nemo Dat Preferences with Property Law Pragmatism
64 Kansas Law Review 1 (2015), Forthcoming
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law 

 Land Ownership, Mineral Development and Agriculture in Nigeria: An Examination of Key Issues and Challenges
In Rhuks Ako & Damilola Olawuyi, eds, Food and Agricultural Law: Readings on Sustainable Agriculture and the Law in Nigeria (Ado-Ekiti (Nigeria): Afe Babalola University Press, 2015) 30-47
Chilenye Nwapi 
University of Calgary 

 The Owners’ Committee in China: Another Non-Owner Owned Puppet?
Tsinghua China Law Review, Forthcoming
Difan Qu 
AIIFL, The University of Hong Kong 
Date Posted: August 11, 2015
Accepted Paper Series

 Underground Environmental Regulations: Regulations Imposed as Mitigation Measures Under CEQA Violate the California Administrative Procedure Act
Jonathan Wood 
Pacific Legal Foundation 

 Re-Integrating Spaces: The Possibilities of Common Law Property
2 Savannah Law Review 1-20 (2015), UNC Legal Studies Research Paper No. 2640209
Alfred L. Brophy 
University of North Carolina (UNC) at Chapel Hill - School of Law 

 Expropriation Effects on Residential Communities
Context, Criteria & Consequences of Expropriation, 2016, Forthcoming
Shai Stern 
Bar-Ilan University - Faculty of Law 

 Resolving Intra-Reservoir Horizontal Drilling Conflicts Using a Reservoir Community Analysis
North Dakota Law Review, Vol. 90, No. 2, 2014
David E. Pierce 
Washburn University School of Law 

 Consumption Property in the Sharing Economy
Pepperdine Law Review, 2015, Forthcoming
Shelly Kreiczer-Levy 
Academic Center of Law and Business 

 A Glimpse into the Realpolitik of Federal Land Planning, in Comparative Context with the Mysterious NLUPA and the CZMA
The George Washington Journal of Energy & Environmental Law, Vol. 6, No. 2, Spring 2015, Boston College Law School Legal Studies Research Paper No. 365
Zygmunt J. B. Plater 
Boston College - Law School 

 Proposition 13: An Equilibrium Analysis
Ayse Imrohoroglu Kyle Matoba and Selale Tuzel 
University of Southern California - Marshall School of Business , University of California, Los Angeles (UCLA) - Anderson School of Management and University of Southern California - Marshall School of Business - Finance and Business Economics Department 

 Are Both Dimensions of Property Rights 'Efficient'?
Czeglédi, P. (2015), Are both dimensions of property rights “efficient”?, European Journal of Comparative Economics, 12(1), 41-69, 
Pal Czegledi 
University of Debrecen 

 Community Rights and the Municipal Police Power
55 Santa Clara Law Review 675 (2015)
Stephen R. Miller 
University of Idaho College of Law - Boise 

 Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines in Urban Commercial Development
Arizona Summit Law School Research Paper No. 2015-A-02
Michael N. Widener 
Arizona Summit Law School 

 Realigning Metrics of Economic Well-Being in Residential and Commercial Development Through Sustainable Land Use Planning
Washburn Law Journal, Vol. 54, 2015
Blake Hudson 
Louisiana State University, Baton Rouge - Paul M. Hebert Law Center 

September 3, 2015 | Permalink | Comments (0)

What is a “Great Neighborhood”? An Analysis of APA's Top-Rated Places

Emily Talen (ASU - Geography & Planning) has a nice article, What is a “Great Neighborhood”? An Analysis of APA's Top-Rated Places, in the recent edition of the Journal of the American Planning Association on neighborhoods.  Worth checking out.

DOI:  10.1080/01944363.2015.1067573

Appears it is currently available for free here.

Problem, research strategy, and findings: The American Planning Association's (APA) annual “Great Neighborhoods” program was established to define the “gold standard” of neighborhoods in America. Using census and other data covering the 80 APA-designated Great Neighborhoods to date (2007 to 2014), we quantitatively assess whether good neighborhood form may be in conflict with the social goals of affordability and social diversity. We find that APA's Great Neighborhoods represent a somewhat classic conception of the historic, gentrifying urban neighborhood: walkable, gridded, and losing social diversity. APA Great Neighborhoods are apparently not able to buck the trend that desirable physical qualities lead correspondingly to lack of affordability and social diversity.

Takeaway for practice: We argue that the APA should be sensitive to the connection between a strong sense of neighborhood identity and the potential for social exclusion in their Great Neighborhoods designation. The APA could give a special designation for neighborhoods that score well on the APA's criteria, but that also manage to retain affordability and social diversity. The APA could therefore use its Great Neighborhoods designation to recognize planning, policy, and design efforts in service of not only design excellence, but also social inclusion.

September 3, 2015 | Permalink | Comments (0)

Sept. 25: 18th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations

From John Echeverria:


This is a reminder that Vermont Law School, the University of Maryland Francis King Carey School of Law, and Georgetown University Law Center will be hosting this year’s takings conference on September 25, 2015, in Baltimore.  Property and environmental law scholars speaking at the conference include Peter Byrne, Lynda Butler, Nestor Davidson, Alex Klass, Mike Pappas, Bob Percival, Justin Pidot, Carol Rose, Dan Selmi,  Chris Serkin and Ilya Somin.  Topics to be addressed include the mystery of where the U.S. Supreme Court is headed on regulatory takings, government liability for financial bailouts, Kelo ten years out  – and much more.   All very welcome. 

Details available at the links embedded in the message below.

 John Echeverria

Vermont Law School




2015 Takings Conference




Friday, September 25, 2015

The 18th Annual Conference on Litigating 

Takings Challenges to Land Use and Environmental Regulations


 The University of Maryland Francis King Carey School of Law

Friday, September 25, 2015


This conference explores the takings issue as it relates to land use, environmental rules and other forms of economic regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues. Some of the topics to be discussed include the practical implications of the U.S. Supreme Court's recent takings decisions and pending takings issues before the Maryland Court of Appeals. The conference will also address the significance of the Supreme Court decision in Kelo v. City of New London on the 10th anniversary of that controversial case. 


Other issues to be discussed include potential takings issues arising from government efforts to deal with flooding and other disasters, local government access to insurance against takings claims, and novel takings claims based on the theory that property owners have an entitlement to regulatory protections.


The conference is free of charge to law school faculty and enrolled students.


Click Here to Register Online

The full list of speakers and the conference program is available here on our website.


Sponsors include:

Vermont Law School 

University of Maryland Francis King Carey School of Law

Georgetown University Law Center

Location: University of Maryland Francis King Carey School of Law, Baltimore, MD


John Echeverria
Vermont Law School



September 3, 2015 | Permalink | Comments (0)

Wednesday, September 2, 2015

Field Work or Getting Out of the Office

One of my favorite parts of my research projects is when I get to actually go out and look at the land or get to talk to the people who are living and working with the issues I am writing about. Let's face it: I could do my job without ever leaving O'Brian Hall - the building that houses the New York's State Law School. Heck when it comes to research, I rarely even need to walk across the hall to enter the library. There is so much we can do these days from sitting behind our computer. Maybe we pick up the phone every now and then. Frankly, much of my research and writing occurs in just this manner. I can point you to several articles that I have written without doing more than consulting statutes, case law, and secondary sources: here and here for example.

But I often find it more rewarding to actually leave the building to see what people are doing and to see what the land actually looks like. I feel quite fortunate to be at SUNY Buffalo where we have a few different on campus funding sources that let me do just that.

For example, last week was my second trip to California for research I am doing into the conversion of agricultural land into renewable energy facilities (currently thinking about solar). I guess I didn't technically need to go out to look at solar panels or talk to farmers to write about this, but it was important to me to do so. I also find that when I interview people (several government employees at the state and county level as well as various lobbyists, developers, and conservation organization staff) in person, I have richer longer conversations when I talked to them on the phone. My average phone interview is 20 minutes while it is rare for an in person interview to be less than an hour. I really value people who take the time to talk to us researchers about what they do, what their concerns are, and how research projects might actually help them. I am sure I will end up writing more about my actual research project, but for now I would love to hear about people's experience doing research or working with researchers. Is field work (as we called it in grad school) a component of your work? One of the obstacles often seems to be funding. At my school we have some small grant opportunities that help cover costs of flights, rental cars, and audio recorders. I hope other schools recognize the value of such work and create similar opportunities.




September 2, 2015 | Permalink | Comments (1)

Is a city viable when 80 percent of the property in its CBD is tax exempt?

One of the perils of one-off tax break deals is that a city might just wake up one day to realize the entire city is tax exempt.  Impossible?  A report last week by the Dayton Daily News tells that the city's CBD is now 80 percent tax exempt, something that seems to have slipped up on city officials:

Building projects in Dayton have brought construction jobs and new looks to the cityscape, but many haven't delivered one thing the city and the school district desperately need: property tax revenue.
Forty-one percent of all the assessed property value in the city of Dayton -- a whopping $2.6 billion -- is exempt from paying property taxes. That's an 11 percentage point increase from 2002, when $1.9 billion, or 29.4 percent, was tax-exempt, a Dayton Daily News analysis of Montgomery County real estate tax records found.
That trend is more concentrated downtown. Almost 80 percent -- more than half a billion dollars -- of the assessed value in the central business district is exempt from taxes. In 2002, 63.4 percent of downtown's assessed value was tax exempt.
Exempt properties include real estate owned by governments and schools, as well as nonprofits such as hospitals and churches.
That means new construction projects such as the Miami Valley Hospital and Dayton Children's Hospital expansions, the CareSource headquarters, and all but 2 percent of the value of the General Electric building on the expanded University of Dayton campus will not help Dayton Public Schools, the human services levy, the city, the Dayton Metro Library, Sinclair Community College, Five Rivers MetroParks or the county.
No one is more alarmed by the trend than Craig Jones, treasurer for Dayton Public Schools, which gets about two-thirds of the city's property tax revenue.
"I knew it was growing, I didn't know that large of a percentage," Jones said. "About a third of our revenue comes from our property taxes."

The full article at the link above or at 2015 WLNR 25616177.

September 2, 2015 | Permalink | Comments (0)

Tuesday, September 1, 2015

Cultural Heritage Conservation Easements

I am happy to announce that the peer reviewed journal Land Use Policy just published my essay on cultural heritage conservation easements. In this piece, I examine the three categories of conservation easements that focus on protecting culture instead of protecting open space or environmental values: (1) historic preservation easements, (2) archaeological conservation easements, and (3) cultural conservation easements.

For those of you not familiar with these categories, let me give  a little background. Historic preservation easements have been around a long time and are usually covered not only by state conservation easement acts, but sometimes by specific laws protecting and promoting historical buildings. Many of these are facade easements, protecting the exterior of buildings, but other include protection of the interior or extend into the area surrounding the buildings. These are closely tied to general efforts at historic preservation and accompanied by tax incentives. I am somewhat critical of these because at times their valuation seems questionably high, yielding significant tax benefits for wealthy landowners who may not have had any intention of modifying the historical architectural features of their home.

Archaeological Conservation Easements are few in number although often expressly permitted in state conservation easement statutes. They differ from other conservation easements because they generally contemplate the holder of the easement actually disturbing the land (or facilitating land disturbance by archaeologists). While the may protect important archaeological sites they do so specifically with the intention of exploration and exploitation, which makes them a pretty different creature.

Cultural conservation easements (as distinguished from cultural heritage conservation easements) protect cultural sites that do not necessarily have specific architectural or archaeologic features. These are most often associated with Native American Indian tribes and many are located in the West. Again, these conservation differ from the more traditional model because they often contemplate direct use of the site by the holders or others for religious or cultural purposes.

I am intrigued by these conservation easements for many reasons, but one I discuss in this essay is the idea of using a perpetual restriction in the context of cultural features. While protection of these spaces may serve as a vital tool in ensure that such places are not heedlessly demolished or converted to incompatible uses, the static nature of conservation easements seems odd in the context of culture -- something that grows and evolves. Are we creating museums on our landscape when we use perpetual tools that preserve today's uses and features.

The article is available for free for the next 50 days via this link and an earlier version of the article is available on my ssrn site when the free link expires. I welcome your thoughts.




December 11, 2015

September 1, 2015 | Permalink | Comments (0)

Save the Date: Dec 11: Pace Land Use and Sustainable Development Conference

From Tiffany Zezula at Pace Land Use Law Center...


Land Use and Sustainable Development Conference
Reflecting on the Past, Planning for the Future: Celebrating 100 years of Zoning

December 11, 2015

The Land Use Law Center is pleased to announce the theme of its 2015 Land Use and Sustainable Development Conference - Reflecting on the Past, Planning for the Future: Celebrating 100 years of Zoning The Conference will discuss transformative land use, zoning, and sustainable development laws and policies that are shaping communities in the Tri-State Region, as they respond to current challenges.  Conference panels will use zoning's centennial as a broad framework to discuss various land use topics and their promise for the future.  The Conference will bring together national, regional, and local land use experts to highlight how communities are transitioning towards sustainability, disaster recovery, and revitalization.

We invite you to spend the day at this educational event, with more than 250 attorneys, business professionals, and local leaders in attendance to learn about national, regional, and local innovations, challenges, and best practices.

Governor Parris N. Glendening, President of Smart Growth America's Leadership Institute, will be our keynote speaker to update us on the many advances in smart growth strategies.  Our morning plenary will include Don Elliot, FAICP, Dwight H. Merriam, Esq., Professor John R. Nolon, Dean Patricia E. Salkin, and Professor Michael A. Wolf who will reflect on zoning's past, its deficiencies given today's challenges, and its tendency to enbrace and respond to change.

Conference participants can earn CLE, APA-CM, and New York State planning and zoning training credits.

We hope you can join us for this day-long event scheduled for December 11, 2015.

This year's conference is dedicated to the legacy of Alfred B. DelBello, who was instrumental in creating many significant and lasting land use initiatives during his tenure as Mayor of Yonkers, Westchester's County Executive, New York's Lieutenant Governor, and as an innovative legal practitioner: a career of over four decades of innovation and accomplishment.

Download Pace Land Use Law Conference 2015

September 1, 2015 | Permalink | Comments (0)

Welcome guest blogger Sarah Adams-Schoen!

Land Use Prof Blog is pleased to welcome Sarah Adams-Schoen (Touro) as our guest blogger for September.  More about Sarah below:

Professor Sarah Adams-Schoen joined the Touro Law Center faculty in 2012. She currently Sarahteaches Environmental Law, Environmental Criminal Law and Property and directs the Law Center’s Institute on Land Use & Sustainable Development Law. Professor Adams-Schoen was previously a Visiting Professor of Legal Analysis and Writing at Lewis & Clark Law School in Portland, Oregon, where she also taught Northwest Energy Law and Federal White Collar Criminal Law.

After receiving her Master’s in Public Policy, Professor Adams-Schoen worked as a senior policy analyst for Portland, Oregon’s Metro Regional Government, where she continued to work while earning her J.D. Before joining the Lewis & Clark faculty, she worked as a criminal defense attorney for Janet Hoffman & Associates, one of Oregon's top criminal defense firms, where she handled complex environmental and other state and federal white collar cases. Prior to that, she worked as a civil and regulatory litigator at Stoel Rives, a 400-attorney firm with 11 offices in 7 states in the Western U.S., gaining environmental, energy, regulatory, and administrative law experience. While at Stoel Rives, she managed the firm’s pro bono clinic. She is the past chair of OGALLA: The LGBT Bar Association of Oregon.

In her role as the inaugural director of the Institute on Land Use & Sustainable Development Law, Professor Adams-Schoen manages a number of projects related to land use or sustainability, including a model ordinance wind energy project and a project related to community disaster recovery. She is the manager and primary contributor to the Institute’s blog Touro Law Land Use. To learn more about the Institute click here.

Professor Adams-Schoen earned a Masters in Public Policy with distinction from the London School of Economics and a J.D. magna cum laude from Lewis & Clark Law School.

Professor Adams-Schoen is currently the co-editor-in-chief of Municipal Lawyer, a publication of the New York State Bar Association, and an associate editor of Legal Communication & Rhetoric: JALWD. She also participates in the Environmental Law Collaborative (ELC), a group of environmental law scholars who meet semi-annually to address pressing environmental concerns.

She is admitted to the Oregon State Bar, the Federal Bar for the U.S. District Court, District of Oregon, and is a member of the New York State Bar Association, the American Bar Association, and the American Planning Association. She is an active participant in the NYSBA Municipal Law and Environmental Law sections, and the ABA State and Local Government Law section and the Section of Energy, Environment & Resources. Professor Adams-Schoen is the liaison from the ABA State and Local Government Law section to the ABA’s Commission on Sexual Orientation and Gender Identity.




September 1, 2015 | Permalink | Comments (0)

Thursday, August 27, 2015

Have a land use law event happening this semester? Tell us about it!

It's that time of the semester when we invite folks to publicize land use-related events at their law schools (or other professional schools holding land use law-related events).  Feel free to send your events to me, or to any of the other editors, and we'll get your good work out there.

August 27, 2015 | Permalink | Comments (0)