A Brownfields Primer for Community & Economic Development
(2001) Jesse D. Silverstein
Brownfields redevelopment offers benefits to the community, as well as to private sector developers. However, it is often difficult to identify, understand and address Brownfield issues for successful public-private partnering efforts. This essential guidebook for non-lawyers explores Brownfields from both a community and investment market perspective, and offers practical tools to implement revitalization. Program strategies, successful projects and emerging tools are described. This excellent resource will be useful to community developers, economic developers, and real estate developers interested in successful Brownfields redevelopment.
Conservation Easements in the West
(2000) Lawrence R. Kueter, Jessica E. Jay, David L. Kueter
This user-friendly guide analyzes conservation easements under both state and federal law. It includes descriptions of the authorizing legislation in most of the Rocky Mountain states, a discussion of the federal and state income tax benefits available to donors of conservation easements, and some of the practical issues in preparing conservation easements that comply with those requirements.
The Constitutional Protection of Individual Property Rights
(1996) Jan G. Laitos
Development Agreements: Analysis, Colorado Case Studies, & Commentary
(1993) Erin J. Johnson, Edward H. Ziegler (Eds.)
Development Impact Fees in the Rocky Mountain Region
(1994) Valerie E. Hart, Christopher J. Duerksen (Eds.)
RMLUI’s publication provides a detailed overview and discussion of federal constitutional law, state statutes, and case law that govern the imposition of development impact fees in the Rocky Mountain region. The book includes discussion of salient issues and provides guidelines for workable and defensible implementation of development impact fees.
The Endangered Species Act: Impacts on Land Use and Development
(1997) Federico Cheever
EPA’s Brownfields Toolbox: An Evaluation of EPA’s Regulations for Developers of Contaminated Property
(1998) Brian J. Pinkowski
Not knowing the ins and outs of the EPA’s Brownfield program can lead to disaster. This well-written report will help clarify the liability of prospective purchasers, lenders, property owners, and others regarding their association with and activities at a Brownfields site. Additionally, this excellent resource provides a functional guide to EPA’s Brownfields’ toolbox in a way that will allow the reader to develop successful strategies for the sale and redevelopment of contaminated properties. To protect you and your client, make sure you have a copy of this report before making any real estate transaction involving a Brownfield site.
Federal Fair Housing Act: Federal Fair Housing Act, Local Zoning, and the Siting of Group Homes
(1996) Karen A. Aviles
Growth Management Techniques: An Overview of Systems for the New Millennium
(1997) Robert H. Freilich
During the past 20 years, local governments across the country have developed comprehensive systems to control and coordinate growth. Grouped under the catch-all title “growth management,” these land use development systems take a variety of forms to meet multiple and sometimes conflicting goals and policies. This report provides an overview of the increasingly sophisticated nature of growth management over time. Beginning with the Ramapo plan, Freilich explores the evolution of development coordination techniques such as facility extension policies, urban growth boundaries, timing, and phasing of development through a tier system, concurrency, and state mandated growth management. Each system is critiqued and a link is provided to the next form of growth management developed on a chronological scale. The report concludes with the author’s observations about the future of growth management in America.
Initiative and Referendum in the Land Use Process
(2003) Richard J. Scheurer and Grant Nesbitt
Initiative and referenda offer the average citizen an opportunity to participate in land use decisions. But how did the concept of ballot-box zoning evolve? What are the constitutional and legal limits to using these alternatives? This well researched publication provides the arguments for and against the use of initiative and referendum and outlines the diverse approaches taken by Arizona, California, Colorado, and Utah. Useful for those seeking to understand how to use initiative and referendum to their best advantage, as well as for those looking to amend the law.
Land Use Law, Housing, and Social and Territorial Cohesion
(2006) Juli Ponce Sole (Ed., Trans.)
This book presents the results of a symposium titled Social and Territorial Cohesion and Public Polices in Land Use Law, Urban Planning, and Housing that took place in Barcelona, Spain in December 2004. The writings included in this book reflect thoughts on the strategies, policies, regulations and the legal framework being used to address issues of social justice, housing equality, and urban renewal.
Local Control of Antennas, Towers, and Satellite Dishes
(1994) Jonathan Miller, Steven Tempelman, & Edward Ziegler
Local Regulation of Communication Towers, Cellular Facilities, Amateur Antennae and Satellite Dishes: Telecommunications Reform Act of 1996 and FCC Preemption Rules
(1996) Edward H. Ziegler
Obsolete Subdivisions and What to Do About Them
(1997) Donald L. Elliott
Obsolete subdivisions drive planners crazy, because they are ticking time bombs just waiting to go off when unsuspecting buyers purchase an out-of-date substandard lot. This timely publication includes a toolkit of ten techniques to mitigate the potential damage of obsolete subdivisions or reduce the amount of development in them. The author draws a clear distinction between the issues of true “paper plats” where none of the lots has been sold, and “partially sold” subdivisions where the rights of the individual lot owners make solutions more complicated. Written by a land use lawyer and planner, this important discussion pays particular attention to the perceived and actual private property rights of both bulk and individual owners, and includes sections addressing procedural due process, the protection of vested rights, and avoidance of takings claims.
Personal Liability of Planning and Zoning Officials
(1994) Michael M. Shultz
This report is a legal analysis of personal liability issues in land use cases, providing an overview of liability issues and specific law and federal claims that can be brought against planning officials. The authors also address codes of conduct and means of reducing personal liability.
Regional Land Use Planning in the West: Case Studies and Lessons Learned
(2001) William C. Davidson and Marcus A. McAskin, (Eds.)
These eight case studies (from Arizona, Colorado, Idaho, Nevada and Alberta, Canada) take a methodical, practical look at the difficult issues involved in successful regional land use planning: the public involvement, political, legal, and fiscal implications. Taken together, these case studies offer valuable lessons, including political pitfalls to avoid and how best to maintain consensus and momentum throughout the process of forming and continuing a regional organization. A “how-to” textbook for local governments to assist communities in initiating and implementing innovative policies and workable multi-jurisdictional growth management efforts.
Regulatory Takings: Judicial Standards of Fairness Shaping the Limits of Categorical and Partial Taking Claims
(1996) Edward H. Ziegler
Judicial notions of fairness in the allocation of regulatory burdens continues to shape the limits of compensated regulation. This article presents a preliminary sketch of judicial standards of fairness that are operating to shape the legitimate scope of uncompensated regulation. Rather than providing a comprehensive and exhaustive analysis of the issues, this article necessarily paints with a broad brush by focusing on how emerging judicial standards of fairness are shaping regulatory takings.
Transfer Development Rights: A Survey of Planning Techniques and Analysis of Legal Issues
(1994) Edward H. Ziegler and David F. Kernan
(1997) Barbara J.B. Green and Jon B. Alby
Watershed planning refers to the efforts to protect and enhance water quality using a watershed as the geographic area of focus. It is an inherently inter-jurisdictional and interdisciplinary process in that it requires both water quality management and land use planning. This report covers the legal authorities and regulations related to watershed planning and stormwater management, as well as the land use tools that can be used.