Articles

Private Defense

Our Eminent Right to a Jury

CALIFORNIA’S LATE CHIEF JUSTICE, ROGER TRAYNOR, once wrote that there are options embedded in the law that have never been cleaned and pressed and might disintegrate if they were. A case in point is a holding embedded in the California Supreme Court decision in City of Perris v. Stamper, 1 Cal. 5th 576 (2016). It was one of those complicated decisions with something for everybody that dealt with the issue of when, if at all, the existence of a future land dedication requirement as a condition to development must be considered now in valuing condemned land subject to such a dedication or exaction requirement in the future. This may sound like technical stuff, but it can have a profound impact on the value of the taken land and is thus of interest to lawyers as well as appraisers.

Business & Corporate

Drones

DRONES ARE ENTERING UNITED STATES AIRSPACE IN GREAT NUMBERS. In 15 years, a landscape without drones will be unusual. Just as we are now used to FedEx and UPS trucks on our local streets and highways, in 15 years we will be equally or more used to, not to mention reliant upon, delivery and other drones for our day-to-day needs. These aerial robots fly in Federal Aviation Administration (FAA) declared “navigable airspace.” The greatest aerial drone growth has been and will be in small machines that fly at 400 feet above ground level (AGL) or less. As a consequence, the all but forgotten law informing the rights at the intersection of navigable airspace and private property rights, largely developed in early days when manned aircraft first became ubiquitous, is again important.

Real Estate

Fair Housing, Discrimination, and Inclusionary Zoning in the United States

The United States has struggled with discrimination in housing and the providing of affordable, workforce or low-income housing for decades. This paper summarizes and analyzes the problems and opportunities created in large measure by federal and state courts, together with guidance provided by the U.S. Department of Housing and Urban Development to address these issues and problems.

Real Estate

It's Not "Just" Zoning: Environmental Justice and Land Use

ENVIRONMENTAL JUSTICE ISSUES RECEIVE NATIONAL ATTENTION on a regular basis. Today, many law schools have entire courses and even environmental law clinics dedicated to environmental justice, and academics, practitioners, and government agencies devote resources and attention to addressing the issue. Several law schools, including Vermont Law School, Pace University School of Law, and Lewis and Clark Law School, focus primarily, if not exclusively, on environmental law. Yet, inequitable distribution of environmental harms and benefits persists. Indeed, in recent years we have laid witness to some of the greatest environmental justice disasters of our time, such as the Flint, Michigan, drinking water crisis.

Other 2017 Issues

Find all quarterly issues of Urban Lawyer from 2017.

About the Urban Lawyer

The Urban Lawyer, published by the ABA Section of State and Local Government, is the national quarterly law journal on local government law and urban legal affairs. The journal publishes scholarly articles on all aspects of local government law and urban affairs.

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