Property pieces in compensation statutes: law's eulogy for Oregon's measure 37.
I. INTRODUCTION II. UNDERSTANDING OREGON'S MEASURE 37 AS RIGHTS WITHOUT PROPERTY A. The Text of Measure 37 B. Understanding the Measure Through the Doctrine of Capture: Excusing a Claimant From Earning a Property Expectation C. Understanding the Measure as Piecing Out Property Duties III. LAND USE CONTROLS: EUCLIDEAN ZONING,...

How to learn what's going in next door.
Byline: Diane Dietz The Register-Guard From a developer's point of view, neighbors in a leafy area of older houses and apartments south of the University of Oregon in Eugene should have known they lived next to ground ultimately intended for high-rise apartment buildings. The neighbors didn't practice...

Americans and their land: the deep roots of property and liberty.
AFTER World War II Carl and Mae Shockley owned a farm along the Current River in Carter County, Missouri. The river bottom territory is the best agricultural land in this rocky Ozark area. Before the 1970s, by dint of tremendous work, they managed to derive a living from their...

Shining the light on greyfields: a Wal-Mart case study on preventing abandonment of big box stores through land use regulations.
I. INTRODUCTION Shopping trends in the United States have changed dramatically over the last few decades with the introduction of the large-scale discount retailer. Wal-Mart is the forerunner in the retail market and dominates competition through the use of its big box stores. (1) Started by Sam...

Teaching property - a conceptual approach.
The property course has shrank. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools (1) typically three in the Fall and three in the Winter semester of...

Litigating land use in Massachusetts: defining municipalities' legitimate use of rate of development restrictions.
A developer whose project is delayed for months or years--or stopped altogether--by obstreperous abutters sometimes decides not to suffer alone. He tells his lawyer to sue those pesky neighbors. Unfortunately, his attorney reminds him, it is much easier for the developer to be sued than to sue. His neighbors,...

Metropolitan Manila Development Authority's Twenty-sixth Anniversary.
THE Metropolitan Manila Development Authority (MMDA) traces its roots to Presidential Decree No. 824, issued on November 7, 1975 that created the Metropolitan Manila Commission (MMC) and established the area called Metropolitan Manila. The MMC was to act as a central government in the Metropolitan Area, establish and administer...

Can Florida's legislative standard of review for small-scale land use amendments be justified?
ABSTRACT This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for...

Tying up loose ends: resolving ambiguity in ballot measure 37's public health and safety exemption.
Oregon's property rights measure, known as Measure 37, has had immeasurable impacts on the state and its comprehensive land use planning program, which has been in existence for over thirty years. While Measure 37 threatens to erode the gains made by the state's planning program, all levels of government...

Fair and healthy land use; environmental justice and planning.
9781932364446 Fair and healthy land use; environmental justice and planning. Arnold, Craig Anthony. American Planning Assoc. 2007 159 pages $64.00 Paperback Planning Advisory Service report; no. 549/550 GE220 This...