Monday, April 1, 2019

April Fools for Land Users

This may only be funny to those who attended Berkeley...but I thought it might transcend.


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April 1, 2019

College Announcement

The 2019 Campaign to Beautify Wurster Hall 

In an effort to better connect Wurster Hall to the greater UC Berkeley community, and address the oft-repeated complaint that the building is "so ugly," the College will be painting, color-washing and sandblasting the concrete building's exterior.

"I don't think this building could look any worse," shared a Berkeley Haas student in a recent community meeting. "You might as well give it a try."

The centerpiece of this campaign will be the installation of a "California Gold" perforated metal sign (pictured above), commissioned by Dean Jennifer Wolch in honor of her 10-year tenure as William W. Wurster Dean of the College.

Work is expected to begin in May, depending on weather and contractor availability.  

Read below to see additional proposals or works-in-progress as part of this beautification initiative.

► A Warm Oski Welcome

Who better to welcome students to the College than Cal's beloved mascot, Oski! A mural was recently completed to welcome newly admitted students to the Wurster community. The mural's grand unveiling will take place today in front of the building. All are invited to attend!

Kindly RSVP at

Read More

► CED Unveils Plan for 3-D Printed Coffee Ground Parking Structure

In an attempt to alleviate the congestion and traffic woes of the shared Berkeley Law and Wurster Hall parking lot (pictured below), UC Berkeley has commissioned a team of architects and engineers to 3-D print a multi-story parking structure entirely out of coffee grounds.

The project, led by Professor of Architecture and 3-D printing expert Ronald Rael, will use over 150 tons of coffee grounds and is expected to be LEED Green Building certified. The first 50 tons of recycled coffee were generously donated by Rice & Bones, and CED is currently seeking additional support from local roasters. 

Read More

If you have any questions or feedback about this beautification campaign, please visit our campaign website.


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April 1, 2019 | Permalink | Comments (0)

Thursday, March 28, 2019

Why Housing Policy is Climate Policy

From Scott Wiener's NYTimes op-ed:

California has long been seen as a leader on climate change. The state’s history of aggressive action to reduce air pollution, accelerate the use of renewable energy and speed the transition to a low-carbon, climate-resilient economy has inspired governments around the world to set more ambitious climate goals.

But there is trouble on the horizon, and California’s climate leadership is at risk.

Across most of the state’s economy, greenhouse gas emissions have been trending steadily down. But ballooning car traffic on city streets and freeways is negating much of that progress. In California, about 40 percent of greenhouse gas emissions are from transportation, and they are increasing. In some California counties, two-thirds of emissions are from vehicles.

In November, the California Air Resources Board released an updateon efforts to reduce pollution from transportation. The numbers were alarming. Despite headlines about California’s push for more electric vehicles, pollution from cars is still climbing. “With emissions from the transportation sector continuing to rise, California will not achieve the necessary greenhouse gas emissions reductions to meet mandates for 2030,” the board warned.

The solution? “Significant changes to how communities and transportation systems are planned, funded and built,” the board said.

March 28, 2019 | Permalink | Comments (0)

Sunday, March 10, 2019

CFP: APA Planning & Law Division Student Writing Competition

From Alan Weinstein...

The Planning & Law Division of the American Planning Association announces its 36th Annual Smith-Babcock-Williams Student Writing Competition. The Competition, which honors the memory of three leading figures in American city planning law (R. Marlin Smith, Richard Babcock, and Norman Williams) is open to law students and planning students writing on a question of significance in planning, planning law, land use law, local government law or environmental law. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400 and one Honorable Mention prize of $100 will also be awarded. The deadline for submission of entries is June 7, 2019 and winners will be announced by August 26, 2019. Please refer to the enclosed official rules for further details. Our past experience has shown that teachers in planning, planning law, land use law, local government law or environmental law are in an ideal position to stimulate student interest in research and writing and to encourage participation in the Competition. Each year, many of the entries appear to have been prepared initially for various courses or seminars. We hope you will add your support to the Smith-Babcock-Williams Student Writing Competition by encouraging your current and past students to submit entries. 

March 10, 2019 | Permalink | Comments (0)

Tuesday, February 26, 2019

March 4: Pace Student Workshop: Calming Troubled Waters: Local Solutions

In preparation for his presentation of the   15th Annual Norman Williams Distinguished Lecture in Land Use Planning and the Law at Vermont Law School, Professor John  Nolon’s student research team members will present their findings at a Workshop at Pace Law School on March 4th.  This is part of a multi-year project  of the Land Use Law Center entitled Calming Troubled Waters: Local Solutions.  The Workshop will commence at 4 pm in the Problem Room on the School’s White Plains campus. If you would like to attend, please respond to  The research team’s work explores  the fragmented nature of water law in the U.S. and strategies for connecting the fragmented powers of federal, state, and local governments to protect water quality.  The team comprises ten Pace JD students and three joint degree students with Yale’s School of Forestry and Environmental Studies, two of whom are JD candidates at Vermont Law School.  

February 26, 2019 | Permalink | Comments (0)

Monday, February 25, 2019

CFP: The State of the Low Income Housing Tax Credit Program: ABA Journal of Affordable Housing & Community Development Law

ABA Journal of Affordable Housing & Community Development Law


Call for Papers


The State of the Low Income Housing Tax Credit Program:

What’s Working, Problems, Solutions and Visions for the Future


Drafts due May 1, 2019


The Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays on the theme of the state of Low Income Housing Tax Credit program. What’s working? What are important problems/issues and proposed solutions? What are visions for the future? The Journal welcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words). 

In addition, the Journal welcomes articles and essays on any of the Journal’s traditional subjects: affordable housing, fair housing and community/economic development. Topics could include important developments in the field; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies.

The Journal is the nation’s only law journal dedicated to affordable housing and community development law.  The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.

Interested authors are encouraged to send an abstract describing their proposals. Submissions of final articles and essays are due by May 1, 2019. Please email abstracts and final drafts to the Journal’s Editor-in-Chief, Tim Iglesias, at The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.


February 25, 2019 | Permalink | Comments (0)

Monday, February 18, 2019

Real Estate Review seeking short articles for Spring, 2019 edition

As some of you know, I am the editor-in-chief of Real Estate Review, a quarterly Thomson Reuters publication aimed at legal professionals and the real estate industry more generally.  I am seeking several additional 2,000 - 5,000 word articles for our upcoming edition.  I would need the submissions by mid-March.  The articles do not need to be copiously footnoted.  Excerpts of larger articles--where permitted by previous publisher--are also welcome.  While articles tend to focus on legal issues, the broader areas of real estate practice are also encouraged!  Case studies are also welcome.

E-mail me if you have interest at

RER Logo

February 18, 2019 | Permalink | Comments (0)

Thursday, February 14, 2019

Study Space Workshop in Lisbon, Portugal – Regulating Planning, Housing and the Sharing Economy

Study Space Workshop in Lisbon, Portugal – Regulating Planning, Housing and the Sharing Economy

Applications are now being accepted for Study Space, Living in a Tourist Destination:  Regulating Planning, Housing and the Sharing Economy in Lisbon, Portugal from June 23-28, 2019.  This weeklong workshop is being organized by the Center for the Comparative Study of Metropolitan Growth at Georgia State University College of Law in conjunction with University of Lisbon Institute of Legal-Political Sciences (Instituto de Cièncias Juridico-Politicas) and the Center for Research in Public Law (Centro de Investigacao de Direito Publico).

Through daily lectures from leading experts and guided site visits, topics discussed throughout the week will include:

  • Impact of the sharing economy on cities
  • Regulation of the sharing economy and tourism
  • Land use law and urban planning
  • Housing law, policies and rights
  • Environmental law, historic preservation law

The cost of the program is $975 and includes scheduled group meals, speaker honoraria and site visits.  Hotel, airline tickets and airport ground transportation must be purchased separately. 

Learn more about the program:

Applications are due by April 5, 2019.  Early application is encouraged as space is limited.  No payments are required at the time of application.

Apply now:

For questions, contact Karen Johnston at or 404-413-9175.

Download Study Space Lisbon Brochure


February 14, 2019 | Permalink | Comments (0)

Thursday, January 31, 2019

San Francisco eliminates parking requirements for all uses

From an update by Reuben Junius & Rose, a leading SF land use firm (full disclosure:  where I used to work):

San Francisco Eliminates Parking Requirements Citywide

January 30, 2019 | Chloe Angelis

On December 11, 2018, the Board of Supervisors passed an ordinance (the “Ordinance”) eliminating required parking minimums citywide for all uses. The vote was 7-4, with Supervisors Cohen, Safai, Stefani, and Yee voting against it. Mayor Breed signed the Ordinance on December 21 and it went into effect on January 21.

Those in favor of the measure called it a forward-thinking policy that brings the Planning Code in line with the City’s Transit-First Policy. Proponents also argued that parking increases the cost to build housing and takes up space that could otherwise be devoted to walk-up residences, retail spaces, or landscaped areas. Those against the change expressed concern that it would hurt seniors and those in parts of the city where public transit options are lacking. To that point, Supervisor Cohen at one point asked that District 10 be carved out from the Ordinance, citing the lack of reliable transit in the area. She later withdrew that request.

In reality, the Planning Department and Commissioners have long been pushing back against proposals that include large amounts of parking, and developers looking to build less than the required amount could already circumvent the minimums by providing increased bike parking instead.

The elimination of the parking requirements was initially recommended by the Planning Commission as part of legislation to amend Better Streets Plan improvement requirements and curb cut restrictions. That legislation aimed to modify the triggers that would require project sponsors to construct streetscape improvements and to expand curb cut restrictions for off-street parking and loading to most zoning districts and certain designated streets, including those on the Citywide Transit Network and any officially adopted bicycle routes or lanes. The substance of that ordinance (BOS File No. 180914) was approved by the mayor on November 20, 2018, and the elimination of parking requirements was pulled out as a separate piece of legislation.

Historically, new residential projects in R districts were generally required to provide one parking space for each dwelling unit. Required parking minimums also applied to most non-residential uses, depending on the specific use type and zoning district.

With the enactment of the new changes, parking will not be required for any use type anywhere in the city.  Accessory parking is still allowed, up to a maximum amount. Previously, a use that triggered a minimum parking requirement could typically include accessory parking up to an amount not exceeding 150% the required number of spaces. Now, there is no minimum number of spaces that must be provided, and most use types may provide up to 1.5 spaces for each one space that was required under the old rules. You can review the maximum parking ratios for each use established by the new ordinance here.

The Ordinance does not amend Section 151.1, which regulates permissible off-street parking in the following districts: NCT, RC, RCD, RTO, Mixed Use, M-1, PDR-1-D, PDR-1-G, and C-3 Districts, and to the Broadway, Excelsior Outer Mission Street, Japantown, North Beach, Polk, and Pacific Avenue Neighborhood Commercial Districts.

As always, parking in excess of the maximum accessory amounts may be permitted only as a separate use, where the zoning controls for the particular district allow.

Notably, the Ordinance includes a grandfathering provision which carves out any project that submitted an environmental or development application prior to the effective date of the Ordinance. Which means that if you already have an application on file, the old rules will continue to apply.

January 31, 2019 | Permalink | Comments (0)

Wednesday, January 30, 2019

The Real Property Law Schmooze is on! "Where Do We Go from Here? Fair Housing and Community Development at a Crossroads"

From Lisa Alexander...

[for a version of this post with links, please go here]

Real Property Law Schmooze
"Where Do We Go from Here?
Fair Housing and Community Development at a Crossroads"
Invitation-Only Faculty Workshop
January 31 - February ​2, 201​9
Texas A&M University School of Law
Fort Worth, Texas

The flagship event of the Program in Real Estate and Community Development Law at Texas A&M University School of Law, the Real Property Law Schmooze is an invitation-only workshop focused on the intellectual engagement of property law scholars. This annual event affords property law scholars the opportunity to share unpublished works-in-progress or early-stage ideas with other leading property law scholars at Texas A&M University and beyond. For the past two years, the Program has invited between 15-20 external property law scholars from law schools across the country to the Schmooze. The Schmooze has also been highlighted on national property law blogs.

The 2019 “Where Do We Go from Here? Fair Housing and Community Development at a Crossroads" Schmooze invites 20 legal scholars with expertise in either fair housing law, urban and rural property law, and/or community development law to present unpublished works-in-progress or early-stage ideas. In the wake of the 50th ​anniversary of the Fair Housing Act, and as federal support for fair housing, affordable housing, and community development dwindles, the papers will loosely relate to strategies that can help the fair housing and community development fields bridge longstanding conflicts and come together during this critical time. [Participants may ​submit their papers here.]

Vicki L. Been, the Boxer Family Professor of Law at NYU Law School, Affiliated Professor of Public Policy of the NYU's Robert F. Wagner Graduate School of Public Service, Faculty Director at the NYU Furman Center, and Former Commissioner of Housing Preservation and Development for the City of New York, will be the Program in Real Estate and Community Development Law’s Distinguished Real Property Law Keynote Speaker on February 1, 2019. Her presentation, "Inclusive Communities: Learning from its False Premises, Fears, and Framing Choices, through the Lens of Gentrification," is open to the entire law school, including all first-year Property Law students, as it is also co-sponsored by the Texas A&M University School of Law’s Faculty Speaker Series. Professor Been will also participate in the Schmooze.

Scheduled Sessions
Fair Housing & Community Development: Where Do We Go from Here?
Nestor Davidson, Professor of Law, Director, Urban Law Center, Fordham University School of Law
Kristen Barnes, Professor of Law, University of Akron School of Law
Scott Cummings, Professor of Law, Director, Legal Ethics and the Profession (LEAP), University of California Los Angeles Law School

A Second Look at Protected Classes
Robert G. Schwemm, University of Kentucky School of Law
Melvin Kelley, Visiting Assistant Professor, Northeastern University School of Law
Robin Paul Malloy, Director Center on Property, Citizenship & Social Entrepreneurism, Syracuse University College of Law

Implementing Fair Housing and Community Development
Stacy Seichnaydre, Associate Professor of Law & Assoc. Dean for Experiential Learning, Tulane University School of Law
Courtney Anderson, Associate Professor of Law, Georgia State University School of Law
Rigel Oliveri, Professor of Law, University of Missouri School of Law

Theorizing Fair Housing, Homelessness, and Justice
Lisa T. Alexander, Professor of Law, Texas A&M University School of Law, Co-Director, Program in Real Estate and Community Development Law
Mark Roark, Visiting Professor, Southern University School of Law
Sophia House, Legal Fellow, NYU Furman Center, New York University School of Law
Brandon Weiss, Associate Professor of Law, University of Missouri Kansas City (UMKC) School of Law (Visiting Clinical Professor, Yale Law School)

The Practitioner Perspective Panel
Elizabeth K. Julian from the Inclusive Communities Project (ICP), the named Plaintiffs in the Supreme Court Case, Texas Department of Housing and Community Affairs v. Inclusive Communities Project

Property, Affordable Housing, and Equality
Michael Diamond, Professor of Law, Georgetown University School of Law
Carol Brown, Professor of Law, University of Richmond School of Law
John J. Infranca, Suffolk University School of Law

January 30, 2019 | Permalink | Comments (0)

Wednesday, January 23, 2019

Guidebook Released that Provides Communities with Land Use Strategies for Water Conservation – Complementary Workshop on Water Quality Announced

From John Nolon:

Last week, Western Resource Advocates and Pace University’s Land Use Law Center released a guidebook to help growing communities throughout the Interior West to reduce the water footprint of new development.

The guidebook’s January 16th press release states that “While the Interior West is expected to attract millions of new residents over the coming decades, water resources are becoming increasingly scarce in an already arid region, putting greater stress on rivers, cities, farms, ranches, and recreation. The guidebook provides hundreds of techniques, sample codes and policies, and examples to help communities integrate water efficiency and conservation practices into their planning efforts. “This comprehensive guidebook will be an invaluable resource to land use lawyers and planners looking for ways to manage water demands as they face a growing population,” said lead author Jennie Nolon Blanchard, Land Use Law Center attorney and adjunct professor of law at Pace University. The guidebook can be found here:

The Integrating Water Efficiency into Land Use Planning Guidebook

The partner organizations worked for five years training local governmental officials, developing and testing land use tools and techniques, and receiving input from and recommending actions to regional and state agencies. 

This water efficiency project complements the work the Land Use Law Center is doing on water quality protection, focused on the wetter regions of the nation where flooding, stormwater runoff, and sea level rise threaten drinking water supplies.  On March 4th, the Land Use Law Center will conduct a workshop for local officials, practicing attorneys, professors, and students on the complementary tools and techniques it is developing to protect water quality. The program – Calming Troubled Watters: Local Solutions -- will begin at 4 pm, in the Tudor Room of Preston Hall on the Law School’s campus. 

Questions about either of these two water law programs can be sent to Allison Fausner, the Land Use Scholar at the Pace Land Use Law Center and President of the School’s Environmental Law Society. Ms. Fausner can be reached at:

January 23, 2019 | Permalink | Comments (0)

Thursday, January 3, 2019

Ending the single-family district isn't so simple

I recently published an op-ed in the Minneapolis Star-Tribune about efforts to eliminate single-family districts and how restrictive covenants might make that not such an easy proposition.  

The full op-ed is here.

Here is the beginning:

In December, Minneapolis became the first American city to decide to eliminate single-family residential districts by permitting triplexes in all the city’s residential zones.
Minneapolis is not alone in pursuing a change: Other cities — including Seattle and Portland — are contemplating more dense development in their single-family districts. Legislation in California has contemplated state pre-emption of local single-family zoning around train stations.
California also recently required the permitting of accessory dwelling units (i.e., “in-law” units) in most of the state’s single-family districts.
All these efforts are controversial, but perhaps inevitable: In Minneapolis, 60 percent of the city’s area was designated single-family residential. Many U.S. cities are similarly zoned. If cities want to address housing affordability, racial segregation or climate change in any meaningful way, the single-family district has got to give.
Receiving little attention, however, is the fact that changing the zoning does not ensure the end of the single-family district. Since the Industrial Revolution, this country has had two overlapping systems of land control: one public, implemented through zoning; and one private, implemented through the “restrictive covenant.”
Until the Industrial Revolution, courts disfavored restrictive covenants. But rapidly increasing urbanism and industrialism needed a legal tool to control change. American courts responded by making restrictive covenants easier to use.
By the late 1860s, when Frederick Law Olmsted developed the Chicago suburb of Riverside, Ill., he utilized restrictive covenants to do work now typical of zoning, such as mandatory setbacks. By the early 20th century, whole cities — like Beverly Hills — and neighborhoods within cities — like Country Club in Kansas City, Mo. — were regulated solely by private restrictive covenants that, among their most controversial restrictions, forbade sale to African-Americans.
Racially restrictive covenants were made unenforceable by the Supreme Court’s 1948 decision in Shelley vs. Kraemer. But by then, the public system of zoning, which took off after it was held constitutional in the Supreme Court’s 1926 decision in Euclid vs. Ambler, provided a public alternative to the covenant.
A city could zone out multifamily housing and when mixed with federal mortgage policy that prevented minorities from getting mortgages for single-family homes, create de facto segregation.
Now that Minneapolis and other cities are changing the public regulations, private regulation may well return in force.
Some 20 percent of Americans already live in a community governed by restrictive covenants, such as Covenants, Conditions and Restrictions (CC&Rs), where the most common requirement is retention of the single-family residential use. If Minneapolis does not address the private restrictive covenant, it may simply see neighborhoods record restrictive covenants to maintain the single-family nature of the neighborhood by private agreement when no longer mandated by public regulation.

See the rest of the op-ed here.


January 3, 2019 | Permalink | Comments (0)

Wednesday, December 12, 2018

This Friday! Free ABA webinar on comprehensive planning (details included)

From Sarah Adams-Schoen (Arkansas-Little Rock):

As chair of the ABA State & Local Gov't Law section's Land Use Committee, I host semi-monthly webinars on land use law topics. This month's will be presented by Portland, Oregon attorney Jennifer Bragar on comprehensive planning law. Among other things, Jennifer will discuss recent judicial opinions from states that ascribe quasi-constitutional status to comprehensive plans, and the closer scrutiny the courts apply in these cases to assure consistency or conformity of local actions--including adoption or amendment of land use regulations--with the applicable comprehensive plan. Given that what constitutes the comprehensive plan can include a locality's previous land use decisions and its zoning ordinance, consistency determinations must often take aim at a moving target.

These webinars are open to anyone and free (they're not accredited for CLE, but you can self-accredit if needed). 

Here are the details: 

Comprehensive Planning Law Update--

The Plan as an Impermanent Constitution

Friday, December 14, 2-3 pm ET

To join the online meeting, click:

(You can also join the meetings from a mobile device by downloading the Zoom app and then clicking, or from your phone by calling either +1 669 900 6833 (US Toll) or +1 929 436 2866 (US Toll) and entering the Meeting ID: 801-354-9496. International numbers are available at 

Upcoming topics include: 

"Community Prosecution," on Jan. 11, 2019, by Chhunny Chhean, Esq.

"Distressed Properties," on Mar. 8, 2019, by Jessica Bacher, Executive Director, Pace Land Use Law Center

"Land Use Ethics," on May 10, 2019, by Patricia Salkin, Provost, Graduate & Professional Divisions, Touro College

"Fracking & Health," on June 14, 2019, by Erica Powers, Esq.

December 12, 2018 | Permalink | Comments (0)

Sunday, December 9, 2018

West Must Develop a Wildfire Ethic to Survive

The San Francisco Chronicle published my op-ed on wildfire in the West last Friday.  A link to the op-ed is here.





December 9, 2018 | Permalink | Comments (0)

Monday, December 3, 2018

Dec 6: Pace Land Use Law Center's annual Alfred B. DelBello Land Use & Sustainable Development Conference

The Pace Land Use Law Center’s annual Alfred B. DelBello Land Use & Sustainable Development Conference is a significant educational event in the region, with more than 250 attorneys, business professionals, and local leaders learning about national, regional, and local challenges and innovations. This year’s theme: Sustainable Development as a Market Driver. Join us on Thursday, December 6th to discuss the challenges local governments in the New York Metropolitan area face when it comes to developing new ways to plan, regulate, and design communities. This year’s conference will focus on comprehensive and area planning, zoning for downtown redevelopment, sign regulations, SEQRA, and so much more. CLE, CM, and AIA credits available.


Opening Keynote

Christopher B. Leinberger, Metropolitan Land Strategist

Christopher B. Leinberger is a land use strategist, professor, real estate developer, researcher, speaker and author, who balances business realities with social and environmental concerns. Mr. Leinberger is the:

Read Mr. Leinberger's full bio

Lunch Keynote

Sam Schwartz, PE, President, and CEO of Sam Schwartz Consulting, LLC

Mr. Schwartz is President, and CEO of Sam Schwartz Transportation Consultants a firm that specializes in transportation planning and engineering. In addition to his 1982 to 1986 post as Traffic Commissioner at the New York City Department of Transportation, he has served as an adjunct professor of engineering at Cooper Union, Long Island University, and Brooklyn College. Mr. Schwartz is also the Inaugural Ted Kheel Fellow at Hunter College’s Roosevelt House Public Policy Institute. Among the many roles he has held throughout his career, he is the acclaimed author of Street Smart: The Rise of Cities and The Fall of Cars, and No One at the Wheel: Driverless Cars and the Road of the Future (2018). He also pens the “Gridlock Sam” and “Transit Sam” columns in the New York Daily News and Downtown Express.

Mr. Schwartz serves on the board of the Regional Plan Association, the Sports and Arts in Schools Foundation, and is a Fellow of the Institute of Transportation Engineers. His accomplishments over the course of his career have been recognized with a wide array of awards, including, most recently, Transportation Alternatives’ David Gurin Award, Riders Alliance Honoree, the NYC Zoning Advisory Council Honor Award, and the AAA Traffic Safety Award.


Planning Ethics (for Professional Planners)

Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members

Capturing Smart Growth: The Planning Net

The New (and Old) Secrets About SEQRA

Pipes, Pumps & Plants: Developing Infrastructure to Grow Communities

The Local Role in State Climate Goals

A Sign (Code) of the Times

Capturing Smart Growth: The Regulatory Net

Case Law Updates: Recent Developments in Land Use Law


On Wednesday evening, December 5th, 2018, the Center will host a pre-conference dinner and networking event. Please join the Land Use Law Center for this special event as we honor Richard L. O’Rourke, Esq., with this year’s Founder’s Award and Noelle C. Wolfson with our first Distinguished Young Attorney Award.  The award will be presented at a Dinner and Award Ceremony at The Mansion on Broadway in White Plains at 6:00 pm.



December 3, 2018 | Permalink | Comments (0)

Thursday, November 29, 2018

CFP: 5th Sustainability Conference of American Legal Educators (SCALE) + Morrison Prize ($10,000) nominations

From Troy Rule at ASU Law:

Call for Presentation and Panel Proposals for the Fifth Annual Sustainability Conference of American Legal Educators.  The conference will be held on May 10, 2019, at ASU Law in downtown Phoenix, AZ.  Each year, roughly 50 law professors from throughout North America are selected annually to speak at this conference, and their airfare/transportation costs (up to $500) and lodging are covered by ASU.  The conference’s focus encompasses land use law (and other areas, too), and Michael Gerrard (Columbia) will be this year’s keynote speaker. 

Here’s a link with more information about the conference and how to submit proposals:   

In connection with the conference, ASU is also conducting its Fourth Annual Morrison Prize Contest.  This is a $10,000 prize contest for recent environmental sustainability-related law journal articles that are ALREADY WRITTEN.  Entrants must merely send five offprints of their article and a cover letter to the address in the Call for Entries.  The deadline (December 31) for entering the contest is fast approaching.  Information on that is below.


$10,000 prize for an article you've already published! 

The Morrison Prize is a $10,000 award presented annually to the author(s) of the most impactful sustainability-related legal academic paper published in North America during the previous year. The prize winner(s) will present the winning paper in a plenary session at the Fifth Annual Sustainability Conference of American Legal Educators on May 10, 2019, which will be held at the Beus Center for Law and Society located on the ASU Downtown Phoenix campus.


The Morrison Prize contest is open to full-time law professors who have published environmental sustainability-related papers in printed U.S. or Canadian legal academic journals during the contest period. The contest is not open to students. All papers appearing in a qualifying journal's final 2017 issue or in an issue printed and circulated prior to November 15, 2018, fall within the 2019 contest period. Works-in-progress and papers that are not published in print form before the deadline are not eligible. Papers focused on topics in environmental law, water law, energy law, natural resources law, land use law, disaster law, climate change law, or agricultural law meet the subject matter requirements for eligibility.

Judging Process and Criteria:

The Morrison Prize seeks to recognize the paper published within the eligibility period that is likely to have the most significant positive long-term impact on the advancement of the environmental sustainability movement. All eligible papers entered into the prize contest will undergo independent review and scoring by a diverse group of full-time law professors who teach in environmental sustainability-related areas at four different accredited North American law schools.
The contest scoring system focuses primarily on a paper's quality and originality of analysis (20%) and potential for real-world impact on policy developments directly related to environmental sustainability goals (80%).

ASU Law will announce the 2019 Morrison Prize winner in February. The winner must present the winning paper at the May 2019 Sustainability Conference of American Legal Educators to claim the cash prize.

How to Enter:

To enter the 2019 Morrison Prize contest, mail a cover letter and five (5) offprints of your qualifying paper to:

Josh Abbott
Sandra Day O'Connor College of Law
Mail Code 9520
Arizona State University
111 E. Taylor Street
Phoenix, AZ 85004-4467

The deadline for submitting papers is December 31, 2018.

Entries postmarked by the deadline will be accepted. Nominations of colleagues' or peers' articles are welcome but must include five (5) offprints. For any questions regarding the contest, please contact Josh Abbott at 480-965-2465 or

November 29, 2018 | Permalink | Comments (0)

Wednesday, November 21, 2018

Mulvaney on Property-as-Society

Tim Mulvaney (Texas A&M) has posted Property-as-Society on SSRN.  The paper will also be published in the Wisconsin Law Review.  Here is the abstract:

Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception of property-as-society presents a more useful structure for assessing whether an allocative choice is fair and just absent compensation than the conceptions of property-as-liberty and property-as-investment. Second, on doctrinal grounds, it suggests that the property-as-liberty conception has fallen from grace in takings jurisprudence since its peak in Lucas v. South Carolina Coastal Council in 1992; moreover, while the property-as-investment understanding remains of some force, the property-as-society conception has ascended to a position of jurisprudential prominence, as most recently evidenced in both the majority and the dissenting opinions in the 2017 matter of Murr v. Wisconsin.


November 21, 2018 | Permalink | Comments (0)

Friday, November 16, 2018

Real Estate Review seeking short articles / excerpts for Winter, 2019 edition

As some of you know, I am the editor-in-chief of Real Estate Review, a quarterly Thomson Reuters publication aimed at legal professionals and the real estate industry more generally.  I am seeking several additional 2,000 - 5,000 word articles for our upcoming edition.  I would need the submissions by mid-December.  The articles do not need to be copiously footnoted.  Excerpts of larger articles--where permitted by previous publisher--are also welcome.  While articles tend to focus on legal issues, the broader areas of real estate practice are also encouraged!

E-mail me if you have interest at

I am also pleased to say that, beginning with this edition, we will offer a $150 honorarium per accepted article.  

RER Logo


November 16, 2018 | Permalink | Comments (0)

Thursday, November 15, 2018

2019 Affordable Housing & Community Development Law Law Student Legal Writing Competition

The Forum on Affordable Housing and Community Development Law of the American Bar Association is sponsoring its annual student competition.  Details are in the pdf below.

Download 2019 ABA Writing Competition Guidelines

November 15, 2018 | Permalink | Comments (0)

Wednesday, November 14, 2018

Video from Law, Planning and Wildfire in the Wildland-Urban Interface conference now available

The archived video from the University of Idaho's Law, Planning and Wildfire in the Wildland-Urban Interface conference now available here.  The schedule of events is available below:

Download Wildfire Symposium - Schedule

There were a number of excellent presentations that I think many will find timely.



November 14, 2018 | Permalink | Comments (0)

Tuesday, November 13, 2018

The Cambridge Handbook of the Law of the Sharing Economy now available!

The brand new Cambridge Handbook of the Law of the Sharing Economy, which was edited by Nestor Davidson (Fordham), Michele Finck (Oxford), and John Infranca (Suffolk) will be available Nov 22.  With essays by 36 scholars, it will surely be a resource for both academic and regulator alike in the coming years.  View the table of contents here.  

I'm excited to be a part of the collection. 



November 13, 2018 | Permalink | Comments (0)