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...

Judicial review of local land use decisions: lessons from RLUIPA.
This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary, and often corrupt, modern system of land use regulation. In 2000, Congress determined, first, that unlike other forms of economic legislation, land use regulation lacks objective, generally applicable standards,...

Reconsidering the use of direct democracy in making land use decisions.
I. INTRODUCTION During the past thirty years, the use of direct: democratic devices, particularly the initiative, has fundamentally altered the political landscape of politics in numerous states. (1) So powerful is the initiative that it has been labeled the "fourth branch" of government. (2) As...

Smart growth, New Urbanism and diversity: progressive planning movements in America and their impact on poor and minority ethnic populations.
ABSTRACT Smart Growth envisions a reduction in the extension of low-density suburban subdivisions as the predominant pattern of development. New Urbanism reflects a more pedestrian-oriented European style of urban life. Growth policies that target development toward urban infill and revitalization could result in the intensification of ethnic...

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...

Development controls in Toronto in the nineteenth century.
Histories of contemporary development control tend to situate its beginning in the first or second decade of the twentieth century, when modern zoning bylaws were adopted. Yet, as some researchers have pointed out, building and land-use regulations took shape in the nineteenth century and even earlier. This paper focuses...