The author argues that although private planned communities, such as HOAs, also often restrict what owners can build on their land, they differ from zoning boards because they start with unanimous consent, meaning all members (past, present, and future) consent to belong, and therefore their restrictions rarely, if ever, violate owners' property rights, and it is unlikely that they can significantly restrict mobility in the way zoning restrictions do.
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A new bill, Assembly Bill 68, which aims to streamline the approval of new multifamily infill housing projects in "climate-safe" areas, while adding additional processes to the approval of new housing in unincorporated, exurban land, has caused division between pro-development YIMBY groups and environmental activists.
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Neighborhood activists in California are using the California Environmental Quality Act (CEQA) to block the creation of much-needed student housing which is exacerbating the state's housing crisis, as the current law is difficult to reform and allows almost every interest group in the state to use it to stop projects they don't like, including hospitals, bike lanes, solar plants, marijuana dispensaries, and burger joints.
Was ist Land Use Law?
Land Use Law refers to the legal restrictions, regulations, and policies governing the use and development of land. It covers a wide range of issues, such as zoning, permitting, environmental regulations, and public access. These laws are designed to balance private property rights with public interest in the use and preservation of land. Governments at all levels play a significant role in shaping land use law through legislative, administrative, and judicial actions. Potentially affected parties, such as landowners, developers, and environmental groups, must navigate these complex laws to ensure compliance and protect their interests.
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The Volokh Conspiracy
The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.
The Crime Report
The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.
Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners, individuals, emerging companies, and nonprofits. More than 80 attorneys serve U.S. and global clients’ business law and litigation needs.
FindLaw's Legal Blogs bring you the latest legal news and information. Both consumers and legal professionals can find answers, insights, and updates.
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