Hot Topics in Land Use Law From the Comprehensive Plan to Del Monte Dunes

Cover of: Hot Topics in Land Use Law From the Comprehensive Plan to Del Monte Dunes |

Published by American Bar Association .

Written in English

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Subjects:

  • Administrative Law & Regulatory Practice,
  • Land Utilization,
  • Legal Reference / Law Profession,
  • Land Use,
  • Law and legislation,
  • United States,
  • Zoning law,
  • Law

Edition Notes

Book details

ContributionsRobert H. Freilich (Editor), Patricia E. Salkin (Editor)
The Physical Object
FormatPaperback
Number of Pages223
ID Numbers
Open LibraryOL12199416M
ISBN 101570736847
ISBN 109781570736841

Download Hot Topics in Land Use Law From the Comprehensive Plan to Del Monte Dunes

Del Monte Dunes / Robert H. Freilich and Jason M. Divelbiss --Recent developments in land use, planning, and zoning law: the evolving roles of the comprehensive plan / Edward J. Sullivan --An analysis of facility siting issues under Section of the Telecommunications Act of / Robert B. Foster, Robert A Heverly, and Donna J.

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Del Monte Dunes Lucas v. South Carolina Coastal Council Kelo v. This book educates the user on basic land use and zoning law while si multaneously tion of land use law and disability, are emerging as significant new topics of legal con-flict.

Many lawyers and land use professionals mistakenly think of accessibility only. Issues in Land Use Law & Zoning. Experienced land use lawyers provide primers on a wide range of legal issues that often face local planning commissions.

and consideration of the importance of the comprehensive plan in evaluating spot zoning. Nonconformities: Dealing With Uses, Part 2. by Mark White, AICP, Esq. hot topics in land use law from the comprehensive plan to del monte dunes Posted By J.

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– The City continuously denied Del Monte Dunes' proposals to develop the property; each rejection was followed by stricter and more rigorous demands for a smaller, less intrusive development. The Supreme Court found that under certain circumstances, a jury may determine that a governmental rejection of a land use application may constitute a.

Introduction to Land Use Planning Workshop 1: Land Use and Transportation but instead should be based on comprehensive planning goals and objectives arrived at democratically. no plan or zoning regulation can be adopted without adequate and meaningful opportunity.

Resource Management Agency Schilling Place 2nd Floor Salinas, CA () Fax () smart growth plan's enactment. Hot Topics in Land Use Law, edited by Robert H. Freilich and Patricia E. Salkin, provides a comprehensive overview of press-ing legal issues in land use planning.8 More importantly, this book explores the progression of the comprehensive smart growth plan from an advisory guide to its current status as binding law.

After petitioner city imposed more rigorous demands each of the five times it rejected applications to develop a parcel of land owned by respondent Del Monte Dunes and its predecessor in interest, Del Monte Dunes brought this suit under 42 U.S.C.

§ The District Court submitted the case to the jury on Del Monte Dunes’ theory that the city effected a regulatory taking or otherwise. (b) Del Monte Dunes' § suit is an action at law for Seventh Amendment purposes. Pp (1) That Amendment applies not only to common-law causes of action but also to statutory causes of action analogous to common-law causes of action ordinarily decided in English law courts in the late 18th century, as opposed to those customarily heard by courts of equity or admiralty.

Tigard[2] and found not applicable in Del Monte Dunes, will be applied to land-use exactions other than land dedications. FACTS[3] Del Monte Dunes involves undeveloped beach property north of Monterey, California, which had been zoned for multi-family residential use since the early s.

The acre parcel had been used as an oil. The Land Use Awakening: Zoning Law in the Seventies. Hot Topics in Land Use Law From the Comprehensive Plan to Del Monte Dunes by. Patricia E. Salkin, Robert H. Freilich. liked it avg rating — 1 rating — published Want to /5(16). The only takings case of the Supreme Court's Term, City of Monterey v.

Del Monte Dunes at Monterey, Ltd. 2 was highly anticipated on both sides of the property-rights fault line. When it was argued back in October of last year, the case seemed to portend a major reappraisal of the so-called "first prong" of the regulatory takings standard set forth in Agins v.

Hot Topics in Land Use Law: From the Comprehensive Plan to Del Monte Dunes, Section of State and Local Government Law: An Analysis of Facility Siting Issues Under Section of the Telecommunications Act of (Co-Author) Real Property, Probate and Trust Journal.

Trends in Land Use Law from A to Z: Adult Uses to Zoning, American Bar Association,pages, hardcover. [Intermediate] Salkin, Patricia and Freilich, Robert. Hot Topics in Land Use Law: From the Comprehensive Plan to Del Monte Dunes, American Bar Association,pages, paperback. [Advanced] Scales, James and Brown, James.

uncertainties. One issue unresolved by Del Monte Dunes is the extent to which the "rough proportionality" test established by the Supreme Court in Dolan v. City ofTigarcfi and found not applicable in Del Monte Dunes, will be applied to land-use exactions other than land dedications.

Land use and zoning regulations are derivative of a City’s general police power. See DeVita v. County of Napa, () 9 Cal. 4th; see also Big Creek Lumber Co. City of Santa Cruz, () 38 Cal. 4thThis power allows cities to establish land use and zoning laws which govern the development and use of the community.

Ponderosa Homes then submitted three more applications for, and unit residential developments, all of which could have conformed with the City's general land-use plan and zoning ordinances. See Del Monte Dunes at Monterey, Ltd. City of Monterey, F.2d(9th Cir) (Del Monte Dunes I).

Volume 3 Evolving Voices in Land Use Law: A Festschrift in Honor of Daniel R. Mandelker Del Monte Dunes at Monterey, Ltd., U.S. (), discussed in Steven J. Eagle, possible if the rejection of the site plan leaves the land without an economically viable use.

Mega Shifts: Why Current Land Use Practice Will Soon Be Obsolete (Cont.) ~ Revolution: Emerging Practices in City Planning and Coding Coming To Your Town Soon ~ Hot Topics in the Field.

Robert (Bob) Barber, FAICP Orion Planning + Design Southaven, Mississippi. a.m. Important Considerations for Form-Based Land Development Codes. LAND USE, PLANNING AND ZONING LAW as a concept plan In Januarythe planning commission ignored staff recommendations to approve this resubmitted Tentative Subdivi­ sion Map.

11 The city commission affirmed this denial in Juneciting environmental impact on the dunes, effect on vegetation and. Del Monte Dunes involved a acre tract of oceanfront property owned by respondent, Del Monte Dunes, and zoned for multifamily residential use under the city's general zoning ordinance.

11 InDel Monte Dunes submitted an application to the Monterey planning commission in order to develop the land in conformance with the city's zoning.

(Del Monte Dunes at Monterey Ltd. City of Monterey (For this case, see summary/article by Eagle, “Del Monte Dunes, Good Faith, and Land Use Regulation”) March 29th (2nd Written Assignment Due) Uses Entitled to Special Protection: Free Speech-Protected Uses and Religious Uses; Telecommunications Uses.

Cases Reviewed: City of Renton v. Del Monte Dunes, Good Faith, and Land Use Regulation by Steven J. Eagle T he U.S. Supreme Court’s property rights jurispru-dence always has had a Delphic quality.

During this century, its seminal expressions have been Justice Holmes’ enigmatic “too far” language in Pennsylvania Coal Co. Mahon1 and Justice Brennan’s reliance on the.

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