Friday, February 28, 2014

February's SSRN land use posts

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 Incl. Electronic Paper 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 
Date posted: 
31 Jan 2014
Accepted Paper Series 30 Downloads
2 Incl. Electronic Paper 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 
Date posted: 
04 Feb 2014
Accepted Paper Series 21 Downloads
3 Incl. Electronic Paper 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 
Date posted: 
03 Feb 2014
Last revised: 
07 Feb 2014
Accepted Paper Series 14 Downloads
4 Incl. Electronic Paper Preserving Perpetuity?: Exploring the Challenges of Perpetual Preservation in an Ever-Changing World 43 Environmental Law 941 (2013) Jess R. Phelps  Historic New England 
Date posted: 
04 Feb 2014
Accepted Paper Series 11 Downloads
5 Incl. Electronic Paper 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 
Date posted: 
11 Feb 2014
working papers series 11 Downloads
6 Incl. Electronic Paper 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 
Date posted: 
10 Feb 2014
Last revised: 
20 Feb 2014
Accepted Paper Series 9 Downloads
7 Incl. Electronic Paper 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 
Date posted: 
05 Feb 2014
Accepted Paper Series 8 Downloads
8 Incl. Electronic Paper 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 
Date posted: 
31 Jan 2014
Accepted Paper Series 7 Downloads
9 Incl. Electronic Paper 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 
Date posted: 
10 Feb 2014
Accepted Paper Series 3 Downloads
10 Incl. Electronic Paper Preserving Preservation Easements?: Preservation Easements in an Uncertain Regulatory Future 91 Nebraska Law Review 121 (2012) Jess R. Phelps  Historic New England 
Date posted: 
04 Feb 2014
Accepted Paper Series 3 Downloads
11 Incl. Electronic Paper Using Development Financing Tools to Help Cover Costs of Adapting to Climate Change in Tornado Alley and Beyond Carl J. Circo 
Date posted: 
30 Jan 2014
working papers series 3 Downloads
12 Incl. Electronic Paper 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 
Date posted: 
24 Feb 2014
working papers series 2 Downloads
13 Incl. Electronic Paper 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 
Date posted: 
19 Feb 2014
Accepted Paper Series 2 Downloads
14 Incl. Electronic Paper '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 
Date posted: 
27 Feb 2014
Accepted Paper Series 1 Downloads
15 Incl. Electronic Paper 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 
Date posted: 
25 Feb 2014
working papers series 1 Downloads
16 Incl. Electronic Paper 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 
Date posted: 
20 Feb 2014
Accepted Paper Series 1 Downloads
17 Incl. Electronic Paper 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 
Date posted: 
09 Feb 2014
Accepted Paper Series 1 Downloads
18 Incl. Electronic Paper 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 
Date posted: 
04 Feb 2014
Accepted 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 
Date posted: 
18 Feb 2014
Accepted Paper Series
20 Incl. Fee Electronic Paper 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 
Date posted: 
18 Feb 2014
Accepted Paper Series
21 Incl. Fee Electronic Paper 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 
Date posted: 
15 Feb 2014
Accepted Paper Series
22 Incl. Fee Electronic Paper 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 
Date posted: 
15 Feb 2014
Accepted Paper Series

February 28, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, February 27, 2014

Climate Confidential: A kickstarter-esque approach to environmental journalism

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

February 27, 2014 | Permalink | Comments (1) | TrackBack (0)

Touro Hosts Incubator Conference

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:

In striving to create sustainable post-graduate programs, law school, Legal Aid and bar association administrators, in conjunction with faculty members, alumni relations directors, career service providers and local NGOs, are working together to create meaningful support programs for their graduates or members. The challenges lie in managing limited resources available for the programs and ultimately ensuring sustainability of the programs and the law practices created by the participants.
This conference will explore ways to overcome institutional obstacles to program development and implementation, promote collaboration among interested organizations, define costs involved in creating new programs, and highlight the best practices for successful post-graduate incubators and residency programs. It will use a range of formats: speaker presentations, round-table discussions and visits to programs in New York City metropolitan area.
The conference is April 3-4 in Long Island.  I plan to attend, and I hope to meet some of you there!
Jamie Baker Roskie

February 27, 2014 in Conferences | Permalink | Comments (0) | TrackBack (0)

Touro Hiring Staff Attorneys to Help Sandy-Affected Households

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,

Jamie Baker Roskie

February 27, 2014 | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 26, 2014

April 11: Food Fight: An Examination of Recent Trends in Food Litigation and Where We Go From Here

Date/Time : 4/11/2014 8:15 AM - 6:00 PM
Location : UCLA Faculty Center
Organizer : Resnick Program for Food Law and Policy
Website :
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.
Description :


Resnick Program for Food Law and Policy


Resnick Program for Food Law and Policy
In Conjunction With The Litigation Section of The State Bar of California presents
Food Fight: An Examination of Recent Trends in Food Litigation and Where We Go From Here

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.  

Registration information is below.
Registration will include entrance into conference, light breakfast, lunch, and a networking reception.
Conference will feature the following speakers and topics:
Welcome and Introduction by Dean Rachel Moran, UCLA School of Law
Panel 1: Is “Food Court” Helping Consumers? The Historical Context of Food Labeling Litigation and the Role of Litigation in System Reform 
A discussion of what is driving the recent surge in food related litigation, the social utility of litigation, and how food litigation compares to other types of class actions directed at driving industry changes.


  • 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
Panel 2: Recent Food Litigation Trends: What’s Healthy, What’s Natural, and Who Says So? 
A discussion of recent case law, emerging legal theories and settlement trends.
  • 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
Panel 3: Regulatory and Legislative Landscape:  A Look Ahead 
A review of the key regulatory actions and legislative changes that will shape the litigation landscape in 2014 and 2015, to include discussion of the Food Safety Modernization Act, federal rulemaking, and state level activity regarding GMO labeling laws.  What changes may limit or curtail litigation, and what changes are likely to create more legal risks or uncertainty?
  • 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
Panel 4: Beyond Labeling: The Role of Litigation in Broader Food System Reform
While “Food Court” activity is primarily focused on consumer protection and labeling actions, litigation is currently being used as a strategy to address various negative implications of the food system, from food safety to the environment.  This panel features examples of these types of cases and explores the possibilities and limitations of litigation to address food system challenges.
  • 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
Wrap-up and closing remarks by Michael Roberts, Executive Director, Resnick Program for Food Law and Policy, UCLA School of Law.
Lunch Speaker: Paul Miller, President of the Australian Olive Association
 Networking Reception to follow directly after conference.
More details here.
Stephen R. Miller

February 26, 2014 | Permalink | Comments (0) | TrackBack (0)

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.



Dave Glaser Interview by Building A Greener Idaho on Mixcloud



Stephen R. Miller



February 25, 2014 | Permalink | Comments (0) | TrackBack (0)

March 7: Detroit Law Symposium: Going to Seed: Urban Agriculture in Distressed Cities

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 to register or for more information.

Download Going to Seed Symposium in Detroit

Stephen R. Miller

February 25, 2014 | Permalink | Comments (0) | TrackBack (0)

Mapping first sentences of great American novels

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

February 25, 2014 | Permalink | Comments (0) | TrackBack (0)

Monday, February 24, 2014

What if They Don't Build It and/or No One Comes?: Combating Zombie Subdivisions

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.

Jim K.


February 24, 2014 in Community Design, Density, Mortgage Crisis, Sprawl, Subdivision Regulations, Suburbs, Zoning | Permalink | Comments (0) | TrackBack (0)

Friday, February 21, 2014

Walmart Finally Adopts a Strategy for Smaller Stores

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

February 21, 2014 | Permalink | Comments (0) | TrackBack (0)

2012 US Census of Agriculture data released

The US Census just released the numbers from the 2012 US Census of Agriculture.  Here is the Census' highlights document:

Download 2012 US Agriculture Census Highlights

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

February 21, 2014 | Permalink | Comments (0) | TrackBack (0)

Thursday, February 20, 2014

Preventing the Ghost Town: What Rural Communities Need To Do To Survive in the Modern Economy

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.


Preventing the Ghost Town: What Rural Communities Need to Do to Survive in the Modern Economy



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
9:15-9:30 Break
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
10:20-10:35 Break
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
2:05-2:25 Break
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)

February 20, 2014 | Permalink | Comments (0) | TrackBack (0)

Saturday, February 8, 2014

New Farm Bill has more money for conservation than commodity subsidies for first time since 1933

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


February 8, 2014 | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 4, 2014

Baby, I'm a heat island for you . . . and other land use-related Valentines

Valentine's Day is just around the corner, and the blog 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

February 4, 2014 | Permalink | Comments (0) | TrackBack (0)