Monday, October 6, 2014

The Remarkable case of Sidney, New York

Sidney is in retreat. Situated next to the Susquehanna River in the Catskill Mountains of New York, the village was built on a floodplain on the south side of the river. In 2006, Sidney was hit by a record-breaking storm that dropped 14 inches of rain over the upper Susquehanna Basin. The village suffered major damage to multiple structures in its extensive flood prone areas, including the main street business district and adjacent residential neighborhoods.  The community, of course, focused on rebuilding because the flood was thought to be a one in one hundred year event and that it would not likely happen again. Just five years later, Tropical Storm Lee hit the village, causing widespread structural damage in the floodplain. Things in this community then changed.

After the 2011 flood, businesses, residents and officials realized that it would not be sustainable for Sidney’s economy to rebuild in flood prone areas.  A key indicator for local leaders was that Amphenol Aerospace, employer of over a thousand residents, which lost $20 million due to Lee, was making plans to leave.  They mobilized and soon found Amphenol a site at a higher elevation for a new plant.  The rest of the community followed suit.

Sidney’s planned retreat began when the village received a grant from the Department of State’s Smart Growth, Environmental Protection Fund initiative as part of New York State’s post-Irene/Lee Long Term Community Recovery Program. The village received further support from the New York Rising Community Reconstruction Program to help fund the planning and relocation of not only the downtown business district but also residential buildings to higher elevations within the community.

Sidney’s mayor,  Andy Matviak, reported to us that, following the 2006 flood,  real estate prices did not decline and casualty insurance coverage remained available. This changed, he said, after Tropical Storm Lee devastated the Village in 2011. According to local brokers, home prices fell drastically after Lee and many buildings became impossible to sell. Casualty insurance became unavailable. The demand for real estate in the flood-prone areas completely disappeared. These private market realities, indicators that a “land use climate change bubble” had formed, signaled Sidney that retreat was the most viable action, rather than rebuilding.

Climate change is a planetary phenomenon whose environmental implications are far-reaching; reliable scientific studies of its existence and consequences abound. Reports like this one on Sidney are different; they focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities in every region of the country, property values are declining because of repeated flooding, threats of storm surges, sustained high temperatures, constant fear of wildfires, lack of water in residential, commercial, and agricultural areas, and concerns with mudslides in vulnerable areas. Cumulatively, these changes are causing an economic bubble associated with land use that mirrors the effect of the infamous housing bubble of 2008, but is potentially much more harmful to the nation.  Our research is uncovering many bubbles like Sidney’s and the evidence indicates that many more are appearing. (See my article, Land Use and Climate Change Bubbles: Resilience, Retreat, and Due Diligence, William and Mary Environmental Law and Policy Review, (Forthcoming, Fall, 2014)

There is hope for this bottom up strategy.  Work on disaster recovery can be motivational and, if rebuilding adjusts to current realities, can trigger an immediate and affirmative response to climate change.  The well-known results in Greensburg, Kansas demonstrate how devastation can lead to reinvention and how a community can be transformed. According to a USA Today’s article on April 15th, 2013, “Sixyears after the tornado, Greensburg is the world's leading community in LEED-certified buildings per capita. The town is home to a half-dozen LEED-platinum certified buildings, including the new City Hall and the new 48,500-square-foot Kiowa County Memorial Hospital. Renewable energy powers the entire community, and the streetlights are all LED.” Greensburg’s citizens reinvented their future through land use planning: the mechanism they chose to reimagine and memorialize their collective vision.

Calling local citizens to engage in this positive work differs markedly from advocacy for silver-bullet climate mitigation efforts that are based on scientific-consensus and appeals for federal government intervention.  However right such advocacy is, it risks driving certain constituencies away, indeed alienating them altogether. Paul Krugman put it this way, “Along come some scientists declaring that unrestricted pursuit of self-interest will destroy the world, and that government intervention is the only answer. It doesn’t matter how market-friendly you make the proposed intervention; this is a direct challenge to the libertarian worldview. And the natural reaction is denial — angry denial. Read or watch any extended debate over climate policy and you’ll be struck by the venom, the sheer rage, of the denialists.’ New York Times Opinion, 6/9/14.

In describing the progress made in creating a Compact regarding climate action in Southeast Florida, Professor Dan Kahn of Yale Law School notes that the Compact negotiations put a “ a different question from the one put in the national climate change debate. The latter forces Southeast Floridians, like everyone else, to express ‘who they are, whose side they are on.’ In contrast, the decision-making of the Compact is effectively, and insistently, testing what they know about how to live in a region that faces a serious climate problem.” See Kahan, Dan, Climate Science Communication and the Measurement Problem, Advances Pol. Psych (forthcoming 2014)

It is possible that the continued appearance and collapse of land use climate change bubbles will become a semaphore for signaling where not to build that will affect local land use decision making, moving the emphasis from costly rebuilding to more positive planning and development strategies.  In Sidney, New York, higher ground was found and a positive movement is underway.  Similarly, in Greensburg, Kansas, a new concept for the community was borne out of the disaster that nearly destroyed it.

John R. Nolon 

October 6, 2014 | Permalink | Comments (0)

Thursday, October 2, 2014

"The Ancients Stole All Our Good Ideas"

Protecting the Environment Through Land Use Law: Standing Ground, starts with this quote from Emerson, “All of my best thoughts were stolen by the ancients.” The quote introduces Chapter One entitled The Long Arch of Local Environmental Law, which illustrates that law has been employed for centuries to balance land development and natural resource protection.  The chapter begins with this background:

“By one standard, 2013 was the 100th anniversary of the birth of comprehensive zoning in America: StandingGround our principal method of controlling the private use of the land. In 1913, a commission was formed in New York City that later led to the adoption of the country’s first comprehensive, citywide zoning law in 1916. Before then, cities used their police power to protect the public health, safety, and welfare to pass laws prohibiting nuisance-like uses, such as horse stables and brick manufacturing, in developed neighborhoods. Zoning—a function of local government—became America’s method of determining the use of land: exactly what goes where on the landscape. The ideas behind public control of private land use and the law’s struggle to balance land development and natural resource conservation, however, are much older. Many of our contemporary strategies, such as green infrastructure, environmental impact review, open space preservation, and smart growth, for example, have been around for a long time.

Truly ancient antecedents stem from 450 BCE when a Roman commission adopted a land use law governing lot development, including the placement of hedges and pedestrian paths. This is possibly the oldest local environmental law whose objective, in today’s terms, was to insinuate green infrastructure into the local urban fabric. Under the 1572 Law of the Indies, King Philip II of Spain developed guidelines for city development that varied depending on climate, terrain, and the characteristics of the place. Latin American viceroys completed surveys, similar to today’s environmental impact statements. These surveys were sent to Spain, where planners developed the blueprints for many of Latin America’s great cities and regional centers, introducing parks, plazas, and open space into city design. Street widths, solar exposure, and connections between residences and the public realm were central to city planning: all topics that can be found in the credits and prerequisites of today’s Leadership in Energy & Environmental Design-Neighborhood Development (LEED-ND) rating system.”

Recognizing the considerable challenges we face as planners and lawyers, Chapter One ends with thoughts that provide a strategy and some hope for the future:

“The population expands, communities become more crowded, and development proposals cause greater rancor. Disputes erupt, change is needed, and a search for solutions ensues. Technologies emerge that were unknown a few short years ago. It is the law that needs to be changed; it is land use lawyers and planners who know its possibilities and limitations. Just as important, it is citizen leaders, educated in the workings and wiles of the local land use system, who can work to adjust the current legal system to accommodate and shape fast-paced trends.

These professionals and leaders are listened to when they suggest that local policymakers and stakeholders convene to consider appropriate change. It is the law of the community that requires adjustment for proper development patterns to emerge. People turn out for law reform meetings when they understand that their visions of the future and their embrace of new technologies can be memorialized and achieved by adjusting local land use plans and standards. In the end, it is this system that holds hope for achieving the balance between growth and development that has been the aspiration of land use planning from its inception.”

 More about Standing Ground is available at  http://www.eli.org/eli-press-books/protecting-the-environment-through-land-use-law%3A-standing-ground.

John R. Nolon

October 2, 2014 | Permalink | Comments (0)

Wednesday, October 1, 2014

What's new and what's hot on SSRN...and related to land use

 It's the first of the month, which means it is time to check in with what's new and what's hot on SSRN...and related to land use.  Below is a listing of all new land use-related articles posted to SSRN in the last month (search term "land use," time frame "last month"):

 

1 Incl. Electronic Paper It's a 'Criming Shame': Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts 
46 Urb. Law. 249 (2014), Touro Law Center Legal Studies Research Paper Series
Patricia Salkin and Bailey Ince 
Touro College - Jacob D. Fuchsberg Law Center and Touro College - Jacob D. Fuchsberg Law Center 
Date posted: 
05 Sep 2014

Accepted Paper Series
87 Downloads

2 Incl. Electronic Paper 'Scarcely a Vestige of Antiquity Remains': Evaluating the Role of Preservation Easements in Protecting Historic Religious Architecture 
Environmental Law Reporter, Vol. 44, No. 10808, 2014
Jess R. Phelps 
USDA 
Date posted: 
10 Sep 2014

Accepted Paper Series
16 Downloads

3 Incl. Electronic Paper Out in the Cold: The Failure of Tenant Enforcement of the Low-Income Housing Tax Credit 
University of Cincinnati Law Review, Forthcoming
Desiree Carole Hensley 
University of Mississippi - School of Law 
Date posted: 
05 Sep 2014

Last revised: 
17 Sep 2014

Accepted Paper Series
15 Downloads

4 Incl. Electronic Paper Local Governments and Global Commons 
Brigham Young University Law Review, 2015
Jonathan D. Rosenbloom 
Drake University Law School 
Date posted: 
18 Sep 2014

Last revised: 
24 Sep 2014

Accepted Paper Series
13 Downloads

5 Incl. Electronic Paper Intrastate Preemption in the Shifting Energy Sector 
University of Colorado Law Review, Vol. 86, 2015, Forthcoming
Uma Outka 
University of Kansas - School of Law 
Date posted: 
10 Sep 2014

Accepted Paper Series
10 Downloads

6 Incl. Electronic Paper Welfare Benefits of Agglomeration and Worker Heterogeneity 
CESifo Working Paper Series No. 4939
Coen N. Teulings Ioulia V. Ossokina and Henri L. F. de Groot 
University of Amsterdam - SEO Economic Research , Erasmus University Rotterdam - General Economics and VU University Amsterdam - Department of Spatial Economics 
Date posted: 
17 Sep 2014

working papers series
Downloads

7 Incl. Electronic Paper 为什么居委会不能代替业委会?(Why Couldn't the Neighborhood Committee Replace HOA in China?) 
Feng Frederic Deng 
Chongqing Technology and Business University 
Date posted: 
09 Sep 2014

working papers series
Downloads

8 Incl. Electronic Paper Local Economic Conditions and the Nature of New Housing Supply 
Tinbergen Institute Discussion Paper 14-120/VIII
Christian A. L. Hilber Jan Rouwendal and Wouter Vermeulen 
London School of Economics (LSE) - Department of Geography and Environment , VU University Amsterdam - Department of Spatial Economics and CPB Netherlands Bureau of Economic Policy Research 
Date posted: 
02 Sep 2014

working papers series
Downloads

9 Incl. Electronic Paper RLUIPA: Re-Aligning Burdens of Proof, Clarifying Freedoms, and Re-Defining Responsibilities 
New York University Journal of Legislation and Public Policy, Forthcoming
George P. Smith II and Philip M. Donoho 
Catholic University of America (CUA) - Columbus School of Law and Georgetown University Law Center 
Date posted: 
16 Sep 2014

Accepted Paper Series
Downloads

10 Incl. Electronic Paper Urban Agriculture and the Environment 
46 The Urban Lawyer 227 (2014), Case Legal Studies Research Paper No. 2014-23
Catherine J. LaCroix 
Case Western Reserve University School of Law 
Date posted: 
06 Sep 2014

Accepted Paper Series
Downloads

11 Incl. Electronic Paper Delineating Spring Recharge Areas in a Fractured Sandstone Aquifer (Luxembourg) Based on Pesticide Mass Balance 
FEEM Working Paper No. 76.2014
Julien Farlin Laurent Drouet Tom Gallé Denis Pittois Michael Bayerle Christian Braun P. Maloszewski J. Vanderborght Martin Elsner and Antoine Kies 
Centre de Recherche Public (CRP) Henri Tudor , Fondazione Eni Enrico Mattei (FEEM) , Centre de Recherche Public (CRP) Henri Tudor , Centre de Recherche Public (CRP) Henri Tudor , Centre de Recherche Public (CRP) Henri Tudor , Centre de Recherche Public (CRP) Henri Tudor , Helmholtz Center Munich , Helmholtz Center Munich , Helmholtz Zentrum, Institute for Groundwater Ecology and Universite du Luxembourg 
Date posted: 
15 Sep 2014

working papers series
Downloads

12 Incl. Electronic Paper Wilderness Exceptions 
Environmental Law, Vol. 44, No. 373, 2014, Notre Dame Legal Studies Paper No. 1432
John Copeland Nagle 
Notre Dame Law School 
Date posted: 
06 Sep 2014

Accepted Paper Series
Downloads

13 Incl. Fee Electronic Paper Creative Destruction: Barriers to Urban Growth and the Great Boston Fire of 1872 
NBER Working Paper No. w20467
Richard Hornbeck and Daniel Keniston 
Harvard University and Yale University 
Date posted: 
08 Sep 2014

working papers series
Downloads

14 Incl. Electronic Paper Regional Problem Solving in Action: Lessons from the Greater Bear Creek Valley RPS Process 
The Urban Lawyer Vol. 46, No. 2, Spring 2014
Andrew Ainsworth and Edward J. Sullivan 
Lewis & Clark Law School and Portland State University 
Date posted: 
10 Sep 2014

Accepted Paper Series
Downloads

15 Incl. Electronic Paper Tactical Urbanism: Deploying Land Use Regulation and Partnership Tools in Reviving First Suburb Economies 
Michael N. Widener 
Arizona Summit Law School 
Date posted: 
06 Sep 2014

working papers series
Downloads

16 Incl. Electronic Paper Biodiversidad Y Servicios Ecosistémicos En La Gestión Del Suelo-Subsuelo (Biodiversity and Ecosystem Services in Subsoil and Topsoil Management) 
Opera No. 14, 2014
César Rojas José Leonardo Bocanegra and Juana Marino de Posada 
Alexander von Humboldt Research Institute of Biological Resources , Alexander von Humboldt Research Institute of Biological Resources and Independent 
Date posted: 
24 Sep 2014

Accepted Paper Series
Downloads

17 Incl. Electronic Paper Democratic Land Governance and the Land Use Act in Nigeria - Need for Reform. 
Akintunde Kabir Otubu 
University of Lagos - Faculty of Law 
Date posted: 
24 Sep 2014

working papers series
Downloads

18 Incl. Electronic Paper Food and Feed Prospects to 2020 in the West Asia/North Africa Region 
ICARDA Social Science Paper No. 2., ICARDA, Aleppo. ICARDA 048. 66 pp. ISSN: 1024-8005 ISBN: 92-9127-033-4, 1995
Thomas L. Nordblom and Farouk Shomo 
NSW Trade & Investment and International Center for Agricultural Research in the Dry Areas (ICARDA) 
Date posted: 
25 Sep 2014

Accepted Paper Series

19 Incl. Fee Electronic Paper No Price Like Home: Global House Prices, 1870-2012 
CEPR Discussion Paper No. DP10166
Katharina Knoll Moritz Schularick and Thomas Michael Steger 
Free University of Berlin (FUB) - Division of Economics , Free University of Berlin (FUB) and University of Leipzig/Institute for Theoretical Economics/Macroeconomics 
Date posted: 
30 Sep 2014


working papers series

 

Here are the Top 10 downloads from the SSRN State & Local Government eJournal for the last 60 days:

1 334 2013 Developments in Connecticut Estate and Probate Law 
Jeffrey A. Cooper and John R. Ivimey 
Quinnipiac University School of Law and Reid and Riege, P.C. 
Date posted to database: 30 Jul 2014 
Last Revised: 30 Jul 2014
2 179 Waking the Furman Giant 
Sam Kamin and Justin F. Marceau 
University of Denver Sturm College of Law and University of Denver Sturm College of Law 
Date posted to database: 5 Aug 2014 
Last Revised: 15 Aug 2014
3 178 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
4 75 Home Rules 
Sarah Lynnda Swan 
Columbia University - Law School 
Date posted to database: 13 Aug 2014 
Last Revised: 17 Sep 2014
5 69 The American Criminal Code: General Defenses 
Paul H. RobinsonMatthew KussmaulCamber StoddardIlya Rudyak and Andreas Kuersten 
University of Pennsylvania Law School, University of Pennsylvania Law School - Student/Alumni/Adjunct, White & Case LLP, University of Pennsylvania Law School - Student/Alumni/Adjunct and Government of the United States of America - National Oceanic & Atmospheric Administration (NOAA) 
Date posted to database: 13 Sep 2014 
Last Revised: 22 Sep 2014
6 68 Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties 
Benton C. Martin 
Emory University School of Law 
Date posted to database: 15 Sep 2014 
Last Revised: 15 Sep 2014
7 66 Protecting Political Participation Through the Voter Qualifications Clause of Article I 
Franita Tolson 
Florida State University - College of Law 
Date posted to database: 26 Aug 2014 
Last Revised: 11 Sep 2014
8 59 The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options 
John F. Pfaff 
Fordham University School of Law 
Date posted to database: 16 Sep 2014 
Last Revised: 16 Sep 2014
9 58 Public Utility and the Low Carbon Future 
William Boyd 
University of Colorado Law School 
Date posted to database: 30 Jul 2014 
Last Revised: 30 Jul 2014
10 52

Community Losses: The Costs of Education Reform 
Susan DeJarnatt 
Temple University - James E. Beasley School of Law 
Date posted to database: 6 Aug 2014 
Last Revised: 6 Aug 2014

Here are the Top 10 downloads from the SSRN Property, Land Use, and Real Estate eJournal for the last 60 days:

1 208 Intellectual Property Infringement as Vandalism 
Irina D. Manta and Robert E. Wagner 
Hofstra University - Maurice A. Deane School of Law and City University of New York (CUNY) Baruch College Zicklin School of Business Department of Law 
Date posted to database: 24 Aug 2014 
Last Revised: 19 Sep 2014
2 178 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
3 112 Rule of Flesh and Bone: The Dark Side of Informal Property Rights 
Stephen Clowney 
University of Arkansas - School of Law 
Date posted to database: 24 Aug 2014 
Last Revised: 18 Sep 2014
4 88 Airspace in an Age of Drones 
Troy A. Rule 
Arizona State University (ASU) - Sandra Day O'Connor College of Law 
Date posted to database: 20 Aug 2014 
Last Revised: 21 Aug 2014
5 86 The Cost of Personal Property Servitudes: Lessons for the Internet of Things 
Christina Mulligan 
Brooklyn Law School 
Date posted to database: 14 Jul 2014 
Last Revised: 11 Aug 2014
6 68 Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties 
Benton C. Martin 
Emory University School of Law 
Date posted to database: 15 Sep 2014 
Last Revised: 15 Sep 2014
7 52 From Nectow to Koontz: The Supreme Court's Supervision of Land-Use Regulation 
William A. Fischel 
Dartmouth College - Department of Economics 
Date posted to database: 27 Jul 2014 
Last Revised: 27 Jul 2014
8 41 Trespass Revisited: Against the Keep-Off Theory of Property and for Owner-Responsibility 
Avihay Dorfman and Assaf Jacob 
Tel Aviv University Faculty of Law and The Interdisciplinary Center Radziner School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 7 Aug 2014
9 40 Title Registration and the Abolition of Notice in British Columbia 
Douglas C. Harris and May Au 
University of British Columbia - Faculty of Law and University of British Columbia - Faculty of Law 
Date posted to database: 22 Aug 2014 
Last Revised: 18 Sep 2014
10 40 Progressive Property Moving Forward 
Timothy M. Mulvaney 
Texas A&M University (TAMU) - School of Law 
Date posted to database: 3 Aug 2014 
Last Revised: 18 Sep 2014

Stephen R. Miller

October 1, 2014 | Permalink | Comments (0)

Mayors Clean Drinking Water Summit

In early August, microcystin from toxic algal blooms in Lake Erie forced officials to issue a “do not drink” order for all municipal water users in Toledo.  The drinking-and-cooking ban affected nearly 400,000 people and lasted for two days, leaving residents scrambling for bottled water.  Given that some 40 million people in the U.S. and Canada rely on the Great Lakes for drinking water, Toledo’s experience was something of a wake-up call for leaders throughout the region.

Last week, mayors and officials from cities throughout the Great Lakes and St. Lawrence watersheds met  at the Mayors Drinking Water Summit in Chicago to discuss measures needed to prevent the kind of pollution that poisoned the water in Toledo.  A biggest culprit in polluting the water is excess phosphorus loads in runoff, which feeds toxic algal blooms.  The mayors called for concrete steps to address both agricultural and urban sources of runoff:

  • For the EPA to establish a common limit and an emergency response protocol for microcystin in drinking water for the Great Lakes and St. Lawrence region; 
  • For Great Lakes states to establish a phosphorus open lake water quality standard;
  • For agriculture to further reduce the runoff from farms into Lake Erie, including better nutrient management and application of the ‘4R Nutrient Stewardship’ program; 
  • For municipalities to further reduce phosphorus loadings through more green infrastructure, better treatment plant operations, and pollution prevention measures.

One aggravating factor in the spikes the increasing prevalence of high-precipitation rain storms occasioned by climate change.  Heavy storms strip fertilizer from fields and cause municipal sewer systems to overflow, causing large spikes of excess phosphorus to flow into the Great Lakes.  Cities sorely need upgrades to antiquated sewer systems that overflow during heavy rain events.  In the meantime, cities can better prepare for these intense storms by working to increase the amount of green infrastructure—green roofs, wetlands, and vegetation—to capture rainfall as it occurs and filter runoff.

Last week municipal leaders and environmental groups stood together in calling for swift and sensible action.  What happens from here remains to be seen, but if there is one environmental issue that pretty much everyone can get behind quickly it’s that the water that flows from the tap should be safe enough to drink.

On another note: this is my last guest post here at Land Use Prof Blog.  Many thanks to Jess Owley and Stephen Miller for inviting me into the conversation.

~Celeste B. Pagano, DePaul University College of Law

October 1, 2014 in Agriculture, Environmental Law, Environmentalism, Local Government, Sustainability, Water | Permalink | Comments (0)

Welcome to our October guest bloggers, John Nolon and Jessica Bacher, from Pace's Land Use Law Center

We are delighted to have John Nolon and Jessica Bacher from Pace's Land Use Law Center as our guest bloggers for the month of October.

John R. Nolon is a Professor of Law at Pace Law School where he teaches property, land use, and John_Nolonsustainable development law courses and is the Founder of and Faculty Liaison to Law School's Land Use Law Center. He has been an Adjunct Professor at the Yale School of Forestry and Environmental Studies since 2001, where he developed a curriculum concentration of five land use courses. Professor Nolon served as the James D. Hopkins Professor from 2009-2011 and the Charles A. Frueauff Research Professor of Law during the 1991-92, 1997-98, 1999-2000, and 2000-01 academic years. He received the Richard L. Ottinger Faculty Achievement Award in 1999 and won the Goettel Prize for faculty scholarship in 2006. In 2009, he was awarded the National Leadership Award for a Planning Advocate by the American Planning Association. Professor Nolon received his J.D. degree from the University of Michigan Law School where he was a member of the Barrister's Academic Honor Society. He has served as a consultant to President Carter's Council on Development Choices for the 1980's, President Clinton's Council on Sustainable Development, New York Governor George Pataki's Transition Team, and Governor Elliot Spitzer’s Transition Team. He is a member of the Editorial Board of The Land Use and Environmental Law Review, published by Thomson-West. He is also on the New York Planning Federation's Advisory Council. Professor Nolon received a Fulbright Scholarship to study sustainable development law in Argentina in 1994-95 and has published over a dozen articles, chapters, and books on that subject.

Jessica Bacher is the Executive Director of the Land Use Law Center.  Established in 1993, the Land Jessics Bacher Use Law Center is dedicated to fostering the development of sustainable communities and regions through the promotion of innovative land use strategies and dispute resolution techniques. As the Executive Director, Ms. Bacher’s responsibilities include development and implementation of projects relating to local land use practice, distressed property remediation, transit-oriented development, sustainable communities, land use responses to sea level rise, and code enforcement, as well as providing strategic assistance to numerous municipalities. Most recently, she led the City of Newburgh, New York, in the development of a distressed property remediation implementation plan that focuses on  the creation of a land bank.  Additionally, Ms. Bacher serves as a trainer for the Center’s award-winning Land Use Leadership Alliance Training Program that has educated over 2,500 local leaders in land use strategies, consensus building, and regional stewardship.  Ms. Bacher also is vice-chair of the Land Use Planning & Zoning Committee for the American Bar Association’s Section of State and Local Government Law and chairs its Distressed Properties Sub-Committee. At Pace Law School, Ms. Bacher serves as adjunct professor, teaching Land Use Law, Sustainable Development Survey, and the Advanced Land Use and Sustainable Development Seminar. She also administers the Center’s academic programs and guides student research.  In addition, she is a guest lecturer and project supervisor at Yale School of Forestry and Environmental Studies, where she manages the School’s Land Use Clinic. Ms. Bacher authors regular land use features in New York and national publications and has edited numerous small books in the fields of Land Use and Real Estate Law, including Breaking Ground and Planning and Building in Priority Growth Districts. She also presents at regional and national conferences and served on the New York State Sea Level Rise Task Force Legal Work Group. Ms. Bacher was selected by the American Bar Association to receive the Jefferson B. Fordham Award, an award presented to a young practitioner who has shown great promise through her contributions to the field. Ms. Bacher received her J.D. summa cum laude from Pace Law School in 2003, along with a certificate in Environmental Law. 

About the Land Use Law Center                   

www.law.pace.edu/landuse

Established in 1993, Pace Law School’s Land Use Law Center is dedicated to fostering the development of sustainable communities through the promotion of innovative land use strategies and dispute resolution techniques.  Through its many programs, the Center offers land use professionals, attorneys, citizens, and real estate developers assistance that enables them to achieve sustainable development at the local and regional level.  Its activities provide opportunities for students of Pace Law School to gain in-depth, practical experience that allows them to become excellent practitioners serving private, public, and nongovernmental clients.

Through its programs, the Land Use Law Center offers extensive research and consulting services; conferences, seminars, and clinics; academic law school courses; practitioner training programs; continuing legal education programs; multimedia resources; and frequent publications on contemporary land use, real estate, and environmental issues.

The Center’s work is divided among three major programs:

  1. Its student-driven  Research & Innovation Program, which identifies solutions to cutting-edge land use issues for urban and suburban communities;
  2. Its Training Programs, including the Land Use Leadership Alliance (LULA) program, which leads the nation in educating local land use leaders in land use law and community decision-making;
  3. The Kheel Center on the Resolution of Environmental Interest Disputes, which focuses on environmental interest disputes of critical importance to communities, states, and regions that require innovative resolution strategies and forums.

The Land Use Law Center is one of many academic centers and programs of Pace Law School, including the Energy & Climate Center and the Center for Environmental Legal Studies, among others.

Welcome John and Jessica!

October 1, 2014 | Permalink | Comments (0)