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Author: Donald L. Sabey Publisher: Routledge ISBN: 0429773013 Category : Law Languages : en Pages : 198
Book Description
First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.
Author: Donald L. Sabey Publisher: Routledge ISBN: 0429773013 Category : Law Languages : en Pages : 198
Book Description
First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.
Author: Robert C. Ellickson Publisher: Aspen Publishing ISBN: 1454897937 Category : Law Languages : en Pages : 922
Book Description
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
Author: Great Britain. Law Commission Publisher: Stationery Office/Tso ISBN: 9780102988321 Category : Law Languages : en Pages : 246
Book Description
In this report, the Law Commission make recommendations for the introduction of a new statutory scheme of conservation covenants in England and Wales. The recommendations to introduce such a scheme would create a new legal tool, enabling landowners to protect land in order to conserve and restore our natural and built environment. Conservation covenants would allow landowners voluntarily to create binding obligations on their own land to meet a conservation objective, such as preserving woodland, cultivating a particular species of plant or protecting a habitat for an animal, or farming land in a certain way. The proposed statutory scheme would give individual landowners the opportunity, using private agreements, to contribute to conservation efforts being made across England and Wales. The scheme will create a versatile, simple and cost-effective legal tool capable of: unlocking currently missed conservation opportunities by overcoming the legal difficulties faced when creating binding obligations; facilitating better ways to deliver existing conservation objectives; and providing assurance of long-term conservation benefits. The report includes a draft Conservation Covenants Bill, which would introduce the conservation covenant scheme into the law of England and Wales.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780108512292 Category : Business & Economics Languages : en Pages : 164
Book Description
"Examines the case for introducing 'conservation covenants' into the law of England and Wales, and considers how a scheme of conservation covenants might be framed. A conservation covenant is a private agreement made by a landowner, for the purposes of conservation"--Page iii.
Author: Julian Conrad Juergensmeyer Publisher: West Publishing Company ISBN: Category : Law Languages : en Pages : 914
Book Description
Comprehensive Plans and the Planning Process; Land Use Control by Zoning: History, Sources of Power and Purposes; Types of Zones and Uses; Types of Zoning Relief: Obtaining or Resisting Development Permission; Exclusionary Zoning; Subdivision Control Law; Building anti Housing Codes; Growth Management; Constitutional Issues; Environmental Aspects of Land Use Controls; Aesthetic Regulation and Historic Preservation; Agricultural Lands Protection and Preservation; Nuisances; Private Land Use Controls; The Power of Eminent Domain.
Author: Anneke Smit Publisher: UBC Press ISBN: 0774829346 Category : Social Science Languages : en Pages : 335
Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Donald L. Sabey
Author: Donald L. Sabey
Author: Texas
Author: Richard R. Hammar
Author: Robert C. Ellickson
Author: Great Britain. Law Commission
Author: Great Britain: Law Commission
Author: Julian Conrad Juergensmeyer
Author: Anneke Smit
Author: Orlando E. Delogu
Author: United States. Congress. Senate. Committee on Interior and Insular Affairs