Law of the Land

This blawg is designed to provide a forum for the discussion of current laws, policies and decisions that affect the use of land. It highlights new court decisions, new state and federal laws and policies, and actions at the local government level that guide and/or impact land use and community development. Readers may use this blaw to keep current on trends in land-use law by subscribing to the daily email to bring news of the “case or development of the day,” and readers may also watch developments in specific areas of the law by using the categorical tags to review all recent posting relating to a particular topic. All views and opinions are welcome in the form of comments to individual postings.

Author: Patricia E. Salkin is associate dean and director of the Government Law Center of Albany Law School and a past chair of the ABA State & Local Government Law Section.

Blawg Related Categories: Administrative Law • Albany Law School • Law Professor

Recent Posts from Law of the Land

NH Supreme Court Finds that Use of Conservation Easement on Required Yield-Plan for Open Space Did Not Satisfy Local Regulations
In 1989 the plaintiff’s predecessor in interest received approval from the town planning board to develop the 77-acre parcel by constructing 25 duplex buildings. In 1990, the previous owners conveyed a conservation easement to the…
Court Says that Size of the Structure Does Not Dictate its Status as either a Primary or Accessory Use
The applicant proposed to construct a 7,776-square-foot stable, a 16,000-square-foot indoor riding ring, and two outdoor riding rings in an R-1 Residential District. The facilities were intended to be used for the boarding of horses,…
Ninth Circuit Court of Appeals Upholds Use of Eminent Domain for Electric Power Transmission
In a case where the United States had instituted condemnation proceedings to acquire easements for the Western Area Power Administration (WAPA), Sawyer and several other plaintiffs challenged the use of eminent domain. The plaintiffs…
NY Appellate Court Decision a Reminder to Planners to Consider Special Needs for Terrorist Sensitive Facilities
In a unanimous decision, a New York Appellate Court upheld a jury’s finding that the Port Authority of New York and New Jersey had failed to implement adequate security measures despite repeated warnings that the…
Missouri Joins States that Recognize Inverse Condemnation Actions for Condemnation Blight
The city declared a retail shopping center blighted in May 2003 and entered into a redevelopment agreement with a developer in May 2004. By August 2005, the city had cancelled the agreement, and started to…
Montana Attorney General Issues Opinion on Voter Eligibility for County Zoning Regulation Initiatives
Last Monday, Mike McGrath, the Montana Attorney General issued an opinion holding that the “qualified” voters for purposes of county zoning regulation initiatives effective in all unincorporated areas of the county are all of the…
Property Owner who Lobbied for Zoning that Would Permit his Proposed Use But Did Not Apply for Approval is Not an “Applicant or Permittee” for Purposes of Anti-SLAPP Law
Hariri, an attorney and purchaser of the former Grumman Airfield in Riverhead, planned to use it to store one or more business jets. The town was developing a new plan for the enterprise park in…
Revocation of Permits Pending when the Property was Designated a Historic Landmark is Consistent with Historic Preservation Law and Does Not Amount to a Taking
In 2001, the owner purchased the former Italian Embassy. After architects advised that the property was eligible for designation as an historic landmark, the owner apparently met with the Historic Preservation Officer, Maloney, to discuss…
DOJ Closes RLUIPA Investigation after City Amends Zoning Code and Allows Church to Meet in Former Moose Lodge
The May/June issue of Religious Freedom in Focus (vol. 33) published by the U.S. Department of Justice reported the following: On April 28, the Civil Rights Division closed its investigation of the City of Gainesville,…
Variances Must Be Decided Based Upon Statutory Factors and Not Upon Who Owns the Property for a Particular Time Period
The zoning board’s denial of petitioner’s area variance application to enable her to maintain the premises as a two-family residence (a use to which the property had been put since 1967 when she purchased it)…