Planning and Law: Shaping the Legal Environment of Land Development and Preservation
Editors' Summary
Editors' Summary
Editors' Summary: An institutionalized planning process for biodiversity conservation can help fill in gaps left by legal tools that are inadequately designed or rarely implemented. In this Article, authors Robert McKinstry Jr., James McElfish, and Michael Jacobson explain the role that effective planning can play in the conservation of biodiversity. They discuss different types of planning, such as land use planning and planning to protect specific areas valuable to biodiversity, and reveal the mechanisms that can be used to implement these plans.
Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers.
Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R.
Editor's Summary: Hurricane Hugo damaged approximately 80% of the 3, historic buildings located in Charleston, South Carolina. The terrorist attacks of September 11, 2001, caused considerable damage to landmark property in New York City. And no one can deny that New Orleans, one of America's oldest and most distinctive cities, suffered staggering damage after Hurricane Katrina.
Editors' Summary
For a generation, our view of the scope of government's eminent domain power has been framed by three cases, Berman v. Parker, Hawaii Housing Authority v. Midkiff, and Poletown Neighborhood Council v. City of Detroit.
Editors' Summary
Editors' Summary: All Americans should have the opportunity to enjoy the beauty and wonder that our nation's lands have to offer. Yet while the number of public lands remains somewhat constant, the number of visitors to these places is rapidly increasing. Consequently, as America's recreational resources become more crowded, they are also becoming more degraded, less peaceful, and subject to more use limits. Meanwhile, several recreational opportunities exist on private lands.
Editors' Summary
Effective conservation is at times frustrated by a lack of balance between regulation and payment, the two tools most often used for land protection. Efforts to determine which protection tool to use should consider factors such as the proper roles of payment and regulation, use of eminent domain or permanent easements, the temptations of political expediency, and public participation in the decisionmaking process.