Friday, September 4, 2015

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)