New Hampshire Supreme Court Decisions Affecting Zoning & Land Use Regulations PDF Download
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Author: New Hampshire. Supreme Court
Publisher:
ISBN:
Category : Land use
Languages : en
Pages : 75
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Book Description
Author: New Hampshire. Supreme Court
Publisher:
ISBN:
Category : Land use
Languages : en
Pages : 75
Get Book Here
Book Description
Author: New Hampshire. Supreme Court
Publisher:
ISBN:
Category : Land use
Languages : en
Pages : 64
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Book Description
Author: Michael Allan Wolf
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 216
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Book Description
Revisits the landmark case Euclid v. Ambler, in which the Supreme Court surprisingly upheld the constitutionality of local zoning laws protecting residential neighborhoods from real and perceived disturbances, a decision that forever changed the way American cities and their suburbs were organized.
Author: William A. Fischel
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This is a preliminary chapter of my book in progress, tentatively titled The New Economics of Zoning Laws. This chapter selectively surveys court decisions on zoning over the past century. I offer new evidence on Nectow v. Cambridge (1927), the first case in which the US Supreme Court overturned a non-racial zoning ordinance. The Court got it wrong, at least by modern standards of review, because a master's report mischaracterized the history of the site and the purpose of zoning. The Court after Nectow has usually been deferential to state courts and local decisionmaking on land use, which I submit is appropriate given the Court's lack of access to local knowledge. It has since 1987 insisted that the states not abandon the regulatory takings doctrine, but it has also put up substantial procedural barriers to moving cases into federal court. Its decisions create a modest price effect for local governments, which do not have to worry much about paying taxpayers' money for a judgment unless their regulations leave no economically viable use or cause a physical occupation of the property. The Court's departures from its deferential tradition have been in the exactions cases, most recently Koontz v. St. Johns River Water Management District (2013). These are economically questionable in that they appear to entrench existing regulations, thus lowering the opportunity cost of maintaining them. The decisions may, however, discourage governments from adopting regulations purely for the sake of obtaining general revenue. Zoning and related land-use regulations are highly popular institutions, though, so it seems unlikely that limiting the exactions process will discourage many of their excesses.
Author: New Hampshire. State Planning and Development Commission
Publisher:
ISBN:
Category : Zoning
Languages : en
Pages : 46
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Book Description
Author: Daniel P. Selmi
Publisher: Aspen Publishing
ISBN: 1454887966
Category : Law
Languages : en
Pages : 1304
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Book Description
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Author: William A. Fischel
Publisher: Johns Hopkins University Press
ISBN:
Category : Law
Languages : en
Pages : 400
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Book Description
Author: Dean B. Eggert
Publisher:
ISBN:
Category : Land use
Languages : en
Pages : 202
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Book Description
Author: Donald E. Gartrell
Publisher:
ISBN:
Category : Land use
Languages : en
Pages : 202
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Book Description
Author: William A. Fischel
Publisher:
ISBN: 9781558442887
Category : Electronic books
Languages : en
Pages : 416
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Book Description
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
