Download or read book Bargaining for Development Post Koontz written by Sean F. Nolon and published by . This book was released on 2014 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in Koontz v. St. Johns River Water Management District, injected significant confusion into negotiations over land development approvals. The principal source of this confusion is the majority's unwillingness to clarify when and how a proposed condition offered in a negotiation becomes a demand that triggers heightened scrutiny under the Takings Clause of the Fifth Amendment. The Court decided that government demands made prior to a denial must be evaluated in the same manner as conditions imposed as part of an approval. Specifically, conditions designed to mitigate harmful development impacts that are demanded from an applicant prior to a denial must now satisfy the heightened scrutiny requirements of Nollan and Dolan instead of the relatively deferential Penn Central takings test on rational basis review under the Due Process Clause. This heightened scrutiny will likely cause land use boards to be more rigid, and therefore less creative, in development approval processes. While not fatal to land use negotiations, this expansion of the Nollan-Dollan doctrine will have consequences. Because government's negotiation offers are now required to meet this more exacting standard, the practical effect of Koontz is that land use boards get more favorable judicial review by denying non-compliant proposals without suggesting mitigating conditions. This will arguably lead prudent boards to favor denials over negotiation as a way to preserve their advantage if their decision is challenged in court.This article explains why Koontz makes land use negotiations less efficient and describes several ways land use boards can protect themselves while still taking advantage of the opportunities in negotiation. Section one looks at the law of exactions in light of Koontz. Section two discusses the important role of negotiation in the land use approval process. The third part explores the consequences of Koontz on future land use negotiations and explains how courts can help maintain the efficiency of land use negotiations in the face of the challenged created by Koontz. The fourth section suggests that land use boards have the following options when approving land use developments: avoid negotiation; facilitate negotiation without participating; negotiate without making proposals; negotiate; and attempt to insulate negotiations.
Download or read book To Bargain Or Not to Bargain A Response to Bargaining for Development Post Koontz written by Shelley Ross Saxer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essay, Dean Saxer responds to Sean F. Nolon's Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government. The Supreme Court held, in Koontz v. St. Johns River Water Management District, that proposed local government monetary exactions from property owners to permit land development are subject to the same heightened scrutiny test as imposed physical exactions. In his article, Nolon explores whether such heightened scrutiny for proposed exactions will chill permit negotiations between local governments and developers. Nolon predicts that the Koontz decision will “impede developers' ability to improve their projects in the development review process.” Saxer responds that the consequences of this decision are not as dire as predicted by Nolon and that developers and local officials will continue to work together for the benefit of both the developer and the community.
Download or read book Land Use Regulation written by Daniel P. Selmi and published by Aspen Publishing. This book was released on 2017-03-01 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Land Use Controls written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2020-10-15 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Download or read book One Hundred Years of Zoning and the Future of Cities written by Amnon Lehavi and published by Springer. This book was released on 2017-10-04 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the fundamental principles of zoning and city planning over the course of the past one-hundred years, and the lessons that can be learned for the future of cities. Bringing together the contributions of leading scholars, representing diverse methodologies and academic disciplines, this book studies core questions about the functionality of cities and the goals that should be promoted via zoning and planning. It considers the increasing pace of urbanization and growth of mega cities in both developed and developing countries; changing concepts on the role of mixed-use and density zoning; new policies on inclusionary zoning as a way to facilitate urban justice and social mobility; and the effects of current macrophenomena, such as mass immigration and globalization, on the changing landscape of cities. The book’s twelve chapters are divided into four parts, each addressing different aspects of zoning and planning by combining theoretical analysis with a close observation of diverse case studies from North America and Europe to the Middle East and developing economies. Part I offers a critical analysis of the conventional account of zoning as a top-down form of land-use regulation starting with the 1916 NYC code. Part II studies how contemporary concepts of zoning, both substantive and procedural, impact the built environment across today’s cities. Part III revisits the economic foundations of zoning and urban policy in the context of domestic markets, as compared with the regulatory and market effects of interstate agreements on cross-border real estate investments. Part IV analyzes the dominant, yet often implicit social and political motives that are driving zoning policies across different countries. This volume’s focus on the ties between zoning policy and economics, politics, socioeconomic conditions, and the local-to-global scope of governance will appeal to scholars and students of political science, economics, law, planning, sustainability, geography, sociology, and architecture, as well as policy-makers and practitioners, especially those in developing countries and transitional and emerging economies.
Download or read book Proportionate Share Impact Fees and Development Mitigation written by Arthur C. Nelson and published by Taylor & Francis. This book was released on 2022-11-29 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of evolving practice often tested in court, development impact fees have become institutionalized in the American planning and local government finance systems. But, they remain contentious, especially as they continue to evolve. This book is the third in a series of impact fee guidebooks for practitioners, following A Practitioner’s Guide to Development Impact Fees and Impact Fees: Proportionate Share Development Fees. Proportionate Share Impact Fees and Development Mitigation is the culmination of the authors’ careers devoted to pioneering applications of the dual rational nexus test. That test requires (1) establishing the rational nexus between the need for infrastructure, broadly defined, to mitigate the impacts of development and (2) ensuring that development mitigating its infrastructure impacts benefits proportionately. The book elevates professional practice in two ways. First, it shows how the rational nexus test can be applied to all forms of development infrastructure impact mitigation. Second, it establishes the link between professional ethics and equity as applied to proportionate share impact fees and development mitigation. The book is divided into four parts, with the first reviewing policy and legal foundations, the second detailing the planning, calculation, and implementation requirements, the third exploring economic, ethical, and equity implications, and the fourth presenting state-of-the-art case studies. Proportionate Share Impact Fees and Development Mitigation sets new standards for professional practice.
Download or read book Florida Law Review written by and published by . This book was released on 2015 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Climate Change Impacts on Ocean and Coastal Law written by Randall Abate and published by . This book was released on 2015 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
Download or read book Koontz in the Mansion and the Gatehouse written by Steven J. Eagle and published by . This book was released on 2013 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Odd Thomas written by Dean Koontz and published by Bantam. This book was released on 2007-06-29 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meet Odd Thomas, the unassuming young hero of Dean Koontz’s dazzling New York Times bestseller, a gallant sentinel at the crossroads of life and death who offers up his heart in these pages and will forever capture yours. “The dead don’t talk. I don’t know why.” But they do try to communicate, with a short-order cook in a small desert town serving as their reluctant confidant. Sometimes the silent souls who seek out Odd want justice. Occasionally their otherworldly tips help him prevent a crime. But this time it’s different. A stranger comes to Pico Mundo, accompanied by a horde of hyena-like shades who herald an imminent catastrophe. Aided by his soul mate, Stormy Llewellyn, and an unlikely community of allies that includes the King of Rock ’n’ Roll, Odd will race against time to thwart the gathering evil. His account of these shattering hours, in which past and present, fate and destiny, converge, is a testament by which to live—an unforgettable fable for our time destined to rank among Dean Koontz’s most enduring works.
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Download or read book Jurist Prudent the Judicial Opinions of Lawrence L Koontz Jr Volume 4 written by Lawrence L. Koontz, Jr. and published by Lulu.com. This book was released on 2011-07-10 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon his retirement from active service as a Justice of the Supreme Court of Virginia in 2011, Justice Koontz had completed more than four decades of service to citizens of the Commonwealth of Virginia. In order to recognize that service and help preserve Justice Koontz legacy as one of the outstanding jurists in Virginia and the United States, the Salem/Roanoke County Bar Association instituted this project to collect all of Justice Koontz's published opinions, both from his tenure as a Justice of the Supreme Court and as an inaugural member of the Court of Appeals of Virginia. The fourth volume to be produced by the Opinions Project includes opinions, concurrences and dissents authored by Justice Koontz during his first years of his service as a Justice of the Supreme Court of Virginia. Also included in the volume is the published text of The Fifth Annual Austin Owen Lecture delivered by Justice Koontz at his alma mater, The T.C. Williams School of Law of the University of Richmond.
Download or read book Law of Property Rights Protection written by Jan Laitos and published by Aspen Publishers Online. This book was released on 1998 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed. Offers advice on how best to handle common situations Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.
Download or read book Deeply Odd written by Dean Ray Koontz and published by Bantam. This book was released on 2013 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Odd Thomas journeys through California and Nevada after a vision about the murders of three children, befriending a series of eccentric helpers who become allies in a battle against a sociopath and a network of killers.
Download or read book Brother Odd written by Dean Koontz and published by National Geographic Books. This book was released on 2007-07 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Saint Odd written by Dean Koontz and published by Bantam. This book was released on 2015-01-13 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY SUSPENSE MAGAZINE • Includes Dean Koontz’s short story “You Are Destined to Be Together Forever” From “one of the master storytellers of this or any age” (The Tampa Tribune) comes the stunning final adventure of “one of the most remarkable and appealing characters in current fiction”(The Virginian-Pilot)—as Dean Koontz brings the unforgettable odyssey of Odd Thomas to its dazzling conclusion. Odd Thomas is back where it all started . . . because the time has come to finish it. Since he left his simple life in the small town of Pico Mundo, California, his journey has taken him to places strange and wonderful, mysterious and terrifying. Across the land, in the company of mortals and spirits alike, he has known kindness and cruelty, felt love and loss, saved lives and taken them—as he’s borne witness to humanity’s greatest good and darkest evil. Again and again, he has gone where he must and done what he had to do—for better or worse—with his courage and devotion sorely tested, and his soul forever changed. Every triumph has been hard won. Each sacrifice has taken its toll. Now, whatever destiny drives him has finally steered his steps home, where those he cares for most surround him, the memory of his tragically lost true love haunts him, and one last challenge—vast and dreadful—awaits him. For Odd Thomas, born to serve a purpose far greater than himself, the wandering is done. Only the reckoning remains. Praise for Saint Odd “Equal parts supernatural thriller, cultural satire, character study, bildungsroman, offbeat love story, road trip, spiritual meditation, and apocalyptic adventure, the Odd Thomas books . . . are more than irresistible page-turners. They are intimate, haunting, often heartrending, exhilarating, and beautifully composed.”—Biography.com “Odd Thomas is such an endearing and likable character and, more than anything else, has been the reason for the success of the series. . . . For readers who have been with Odd all along, Saint Odd will satisfy.”—Bookreporter Acclaim for Dean Koontz and his Odd Thomas novels “Odd’s strange gifts, coupled with his intelligence and self-effacing humor, make him one of the most quietly authoritative characters in recent popular fiction.”—Publishers Weekly “Koontz gives his character wit, good humor, a familiarity with the dark side of humanity—and moral outrage.”—USA Today “The ultimate Everyman . . . an avatar of hope and honor and courage for all of us—the linchpin of a rollicking good tale . . . Odd evokes the homespun wisdom of Forrest Gump amid the mind-spinning adventures of a Jack Bauer.”—BookPage “There’s never anything predictable about an Odd Thomas adventure.”—Booklist “The nice young fry cook with the occult powers is [Koontz’s] most likable creation . . . candid, upright, amusing and sometimes withering.”—The New York Times “An inventive . . . mix of suspense, whimsy and uplift.”—The Washington Post “Heartfelt and provocative . . . a wonderfully rich and entertaining story.”—Chicago Sun-Times
Download or read book Forever Odd written by Dean Koontz and published by Bantam. This book was released on 2007-06-29 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER I see dead people. But then, by God, I do something about it. Odd Thomas never asked for his special ability. He’s just an ordinary guy trying to live a quiet life in the small desert town of Pico Mundo. Yet he feels an obligation to do right by his otherworldly confidants, and that’s why he’s won hearts on both sides of the divide between life and death. But when a childhood friend disappears, Odd discovers something worse than a dead body and embarks on a heart-stopping battle of will and wits with an enemy of exceptional cunning. In the hours to come there can be no innocent bystanders, and every sacrifice can tip the balance between despair and hope. You’re invited on an unforgettable journey through a world of terror and transcendence to wonders beyond imagining. And you can have no better guide than Odd Thomas.
