Land use Research - PowerPoint Presentation

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Land use Research - PPT Presentation

Shikha Gupta Joseph shikhajosephhofstraedu Spring 2014 Law Library Resources Sources of Power for Land Use Public land use controls including zoning building codes and subdivisions ID: 129536

state law search land law state land search zoning federal westlawnext regulations sources local municipal amp laws code bloomberg

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Slide1

Land use Research

Shikha Gupta Joseph

shikha.joseph@hofstra.edu

Spring 2014Slide2

Law Library ResourcesSlide3

Sources of Power for Land Use

Public land use controls, including zoning,

building

codes and subdivisions are exercises of the police power. It is limited by the federal and state constitutions but generally legislatures can delegate their power to local governments. The delegated police power is distributed to municipalities including cities

, counties, villages and towns.*Standard Zoning Enabling Act

-released in 1924, this is the source of power for land use control, all states adopted enabling acts substantially patterned on this Act.

Charter-a written document by which a local government is

created and its rights and privileges

are set forth, usually zoning power is conferred in the charter.

Home rule-land use regulation is granted either by state Constitution or legislation.

Inherent and implied

powers-zoning power not delegated by a Constitution or legislation but many states have given some form of inherent and implied powers to municipalities.

Initiative

and referendum

See:

Land

Use Planning & Development Regulation

Law,

Julian Conrad Juergensmeyer and Thomas E.

Roberts;

American Law of

Zoning,

Patricia E.

Salkin.Slide4

Land Use Resources by Topic in LexisNexis and WestlawNext

To browse resources on zoning and land use

law on:

Lexis Advance: go to BrowseTopicsEnvironmental Law OR Governments (subtopic Local Governments) OR Real Property Law.

WestlawNext: go to Practice AreasEnergy & Environment OR Municipal Law OR Real Property. Slide5

Cases

For both federal and state cases:

Databases:

Westlaw: Search by Practice AreaMunicipal LawMunicipal Law Cases, Ordinance Law Annotations (digest of

cases arranged topically that interpret and apply city and county

ordinances); also Real PropertyReal Property Cases.LexisAdvance: Search by Topic

GovernmentsLocal Government; also Real Property LawZoning.

Bloomberg Law

Print Sources:

Shepard's Ordinance Law Annotations

(Law Classified,

KF5313 .S5

Cancelled

9/2011)- Citations to cases that interpret and apply city and county ordinances.Slide6

Federal Statutes

Congress may also enact legislation that regulates land

use and zoning such as environmental or discrimination laws.

Search by using the index or use Federal Land Use Law & Litigation (Law Classified, KF5698.Z9 F43; WestlawNext) which provides annotations to relevant statutes.Databases:Westlaw: United States Code Annotated

LexisAdvance: United States Code ServiceBloomberg Law

Fdsys: United States CodePrint Sources:USCA, USCS, USC: Located in Reading Room.

Legislation

Tracking:

WestlawNext-select from homepage Proposed & Adopted

Legislation.Slide7

Federal Regulations

Federal

regulations

may also govern some aspects of land use and zoning.Code of Federal Regulations is an annual codification of the general and permanent rules published in the Federal Register. It can be searched by index. Applicable titles include Title 30 - Mineral Resources, Title 36 - Parks, Forest and Public Property and Title 43 - Public Lands: Interior.Federal Register provides presidential documents, regulatory documents with general applicability and legal effect, proposed and final regulations, notices, and documents required by statute to be published. Also can be searched by index.

Databases:WestlawNext, LexisAdvance, Bloomberg Law: Code of Federal Regulations; Federal

Fdsys:

Code of Federal Regulations; Federal Register

Print Sources:

CFR and Federal Register: Located in Reading Room.

Regulations Tracking:

WestlawNext-select from homepage Proposed

& Adopted

Regulations.Slide8

State Statutes

State laws governing land use planning, zoning, and eminent

domain

clauses can be found in the state constitutions as well as legislation. Databases:Westlaw: search by keyword for all states or index by state; 50 state statutory survey by topics Government and Real Property.

LexisAdvance: search by keyword or state statutes index; search Zoning and Land Use Controls (enter title in search bar) provides summaries of each

state's laws.Bloomberg Law-provides New York Consolidated and Unconsolidated Laws.

Gaining Ground Information Database (Land Use Law Center for Sustainable Development)

Provides selected federal

and state laws, local ordinances,

and