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A constitutional safety valve: the variance in zoning and land-use based environmental controls

Article Abstract:

Standard case law on zoning variances can be applied appropriately to variances from land-use based environmental regulations. Such variances provide a significant safety valve to avoid restrictions that would otherwise constitute a taking by denying the owner reasonable use of the land. Even though the purpose of environmental controls is quite different from that of traditional zoning law, there are sufficient similarities and a developed body of caselaw on variances that can be used by the courts in most cases.

Author: Cohen, Jonathan E.
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1995
Cases, Environmental aspects, Land use, Inverse condemnation

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Police power and the public trust: prescriptive zoning through the conflation of two ancient doctrines

Article Abstract:

An argument for the expansion of police power as justified as a better way to zone and nurture community character than classic Euclidean zoning is given.

Author: Patalano, Donna Jalbert
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2001
Social aspects, Usage, Zoning, Police power

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Applying the basic principles of cognitive science to the Standard State Zoning Enabling Act

Article Abstract:

The author uses the problem-solving principles of cognitive science to evaluate the effectiveness of the Standard State Zoning Enabling Act.

Author: McCormack, Michael J.
Publisher: Boston College Law School
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2000

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Subjects list: United States, Interpretation and construction, Zoning law
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