Saturday, April 30, 2011
Salkin on the Regulation of Controversial Land Uses
Patty Salkin (Albany) has posted Regulating Controversial Land Uses, 39 Real Estate L. J. 526 (2011). Here's the abstract:
While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local govenrments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and pawn shops - to demonstrate the types of regulations that may and may not be appropriate when it comes to planning and zoning laws.
Rather than prattle on along the where-she-does-find-the-time? theme, I will just note that this is the fourth piece she has posted in recent months. That count doesn't include the J. of Legal Ed. article that she and John Nolon published this Spring (see Jamie's post on the conference of the same name). In her down time, she also puts up a fine land use law blog of her own.