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Documents on zoning planning land use
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|State Environmental Law Preempts a County Zoning Ordinance|
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
March 8, 2012, previously published on March 2012In East Star, LLC v. The County Commissioners of Queen Anne’s County, the Court of Special Appeals held that state environmental law preempted a zoning ordinance adopted by Queen Anne’s County, which regulated mining. The trial court found in favor of the County, but the Court of...
|PlanMaryland: Maryland’s First Smart Growth Plan is Introduced to Mixed Reviews|
Patrick L. O'Neil; Lerch, Early & Brewer, Chartered;
March 6, 2012, previously published on March 1, 2012On December 19, 2011 Governor Martin O’Malley introduced “PlanMaryland,” Maryland’s first statewide plan for sustainable growth. PlanMaryland is an executive policy plan that seeks to coordinate better the policies and programs of state government to encourage smart growth...
|Use of Condominium Regimes, Ownership Lots and Air Rights Parcels to Develop, Own and Finance Commercial Real Estate|
Sharon Nelson Craig, Patricia A. Harris, William Kominers; Lerch, Early & Brewer, Chartered;
March 6, 2012, previously published on March 1, 2012Mixed-use projects bring with them the need to separate ownerships either vertically, horizontally or both. Therefore, many mixed-use projects will involve some form of condominium or other manner of vertical or horizontal subdivision, such as land, master and sub-condominium regimes, ownership...
|River Segment Must Be Navigable In Fact For Commercial Purposes At Statehood For State To Obtain Title To Riverbed Under The Equal Footing Doctrine|
S. Keith Garner, Alexander L. Merritt, Michael B. Wilmar; Sheppard, Mullin, Richter & Hampton LLP;
March 6, 2012, previously published on March 5, 2012Two weeks ago, the United States Supreme Court issued its decision in PPL Montana v. Montana. The Court held that the Supreme Court of Montana had incorrectly determined that certain segments of the Upper Missouri, Madison, and Clark Fork Rivers were “navigable” at the time of...
|Did the Dryden and Middlefield Courts Get It Wrong?|
Thomas F. Walsh; Hiscock & Barclay, LLP;
March 5, 2012, previously published on March 2012On Tuesday, February 21, 2012, Tompkins County Supreme Court Justice Phillip R. Rumsey upheld the Town of Dryden’s total ban on any exploration for natural gas within the Town. A few days later, on Friday, February 24, 2012, Madison County Acting Supreme Court Justice Donald F. Cerio upheld...
|Rules of (Creating) the (Public) Road: Dykes v. Friends of the C.C.C. Road|
Sands Anderson PC;
February 28, 2012, previously published on February 21, 2012The state and local governments are often in the business of creating, accepting or maintaining public roads. In some cases, there are rights of way that are used by the general public but never become truly public roads because of a lack of either landowner intent to dedicate, or an express...
|Understanding Your South Carolina Property Tax Bill and Deciding Whether to Appeal|
Andrew Colvin; Nexsen Pruet, LLC;
February 28, 2012, previously published on February 27, 2012Understanding South Carolina's real and personal property tax structure involves a trip back to your high school algebra class. Essentially, the amount of tax you owe depends upon three variables:
|Draft Guidelines to Streamline CEQA Review of Infill Projects: Is the Bar Too High?|
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
February 27, 2012, previously published on February 23, 2012To implement a new law mandating streamlined reviews under the California Environmental Quality Act (“CEQA”) for certain urban infill projects, the Governor’s Office of Planning and Research (“OPR”) has issued draft guidelines establishing performance standards that...
|New York Court Upholds Zoning Ban on Hydrofracking|
Terri A. Mazur, S. Christopher Provenzano; Mayer Brown LLP;
February 27, 2012, previously published on February 23, 2012In a case of first impression, a New York trial court has considered “whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natural gas.” In Anschutz Exploration Corp. v. Town of Dryden, Index No. 2011-0902 (RJI No....
|New Federal Law Changes Local Zoning Rules for Wireless Antenna Sitings|
James R. Hobson, Gerard L. Lederer, Nicholas P. Miller, Harriet A. Steiner, Joseph Van Eaton; Best Best & Krieger LLP;
February 24, 2012, previously published on February 23, 2012President Obama signed into law a bill passed by Congress last week that extended unemployment benefits and the payroll tax deduction. The bill, HR 3630, includes other provisions relevant to local government, such as restrictions on siting of wireless facilities and changes to the public safety...