This Article considers the future interaction of environmental regulation and private property rights, with an emphasis on climate change issues. It concludes that environmental issues not satisfactorily resolved at the federal level will lead to more state and local regulation that impinges on...

The United States Supreme Court recently clarified in Lingle v. Chevron U.S.A., Inc. that its often-expressed substantially advance formulation sounds in due process, and thus should be rejected as an appropriate takings test. The Court also explained that due process provides an independent and...

This article explores trends towards increased local government land use regulation to spur economic development and towards partnering with private redevelopers. It notes that while Kelo v. City of New London has intensified these trends, the use of condemnation for retransfer for private...

This article surveys contemporary issues in defining and protecting the environment. It stresses the continuing relevance of common law methodology and doctrine. It reviews the development and imprecision of the term "environment," together with the influence of various philosophical and...

This article asserts, contrary to existing law, that blight condemnation is inconsistent with the fundamental distinction between eminent domain, which arrogates private goods for public use, and the police power, which protects the public from harm. When conditions on a parcel constitute a...

"Regulatory property" is the right to engage in specified activities, made valuable by government prohibitions against competitors, and protected by de jure or de facto status as property. This Article explores regulatory property and focuses upon its applications in land use regulation. It...

This Article examines the varying and often-conflicting meanings and goals ascribed to the term “affordable housing.” It asserts that the term often serves as a metaphor; it obscures rather than clarifies, and contributes to the intractability of problems pertaining to housing from any...

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property...

City planning in America began as a Progressive Era exercise, intended to pre-serve property values and implicitly incorporate the social norms of officials and planners. Over time, rigid zoning was replaced by flexibility, accompanied by opaque bargaining between localities and developers....

This article reviews recent scholarship invoking the prophetic tradition in American jurisprudence and calling for the transformation of property law. It contrasts imposed top-down social change with Burkean and Oakeshottian gradual change derived from conversation within our legal and cultural...