One of the many prerequisites to obtaining a permit to mine a certain area is that the company must outline how it plans to leave the land once mining is complete. These plans usually fall under one of two categories: restoration or some form of use for economic or community development. In West Virginia and across Appalachia, any type of major development requires the natural landscape be altered. The mountainous terrain provides little land naturally suited to development. The natural landscape of West Virginia can be characterized usually as a narrow valley floor between 100 and 1,000 feet wide surrounded by steep mountainsides that are often a 50- degree slope or more. What this means is that any development is naturally limited by the landscape. Overcoming this limiting factor is ...
Introduction -II. Regionalism in Land Use: Its Variants and its Challenges -A. Realism About Regionalism -B. Land Use Powers and Local Governments -C. "Regionalizing" (Some) Land Use Powers and Values: Three Complementary Models -1. The "Regional Dimension" in Land Use Control -2. The Italian City-State Model: Intergovernmental Cooperation -3. The Functional Model: The CPRA in Present (and Prospective) Action -4. The Aspirational Model: The Louisiana Speaks Regional Plan -III. The 2006 Eminent Domain Amendments: Notes for a Definitive Analysis -A. Kelo: The Seven Words -B. The Amendments -IV. Conclusion
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of airport land from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of all or portions of Parcels 209A, 213, 217, 218, 219, 220, 221, 314, 315, 401, 402, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414, and 416, totaling 605.3 acres. Presently the land is vacant and used as open land for control of FAR Part 77 surfaces and compatible land use and is not needed for aeronautical use, as shown on the Airport Layout Plan. The Parcels were acquired without Federal participation. It is the intent of the DuPage Airport Authority, as owner and operator of the DuPage Airport (DPA) to sell the aforementioned Parcels (605.3 Acres) in fee to the...
Recently, Edward Sullivan was asked to speak at a law school conference in Chicago. The conference was to commemorate "The Quiet Revolution in Land Use Control," which was published 40 years ago. That book was one of three significant publications which, taken together, led to a significant change in the way land-use controls are employed in the United States. The Quiet Revolution" was written Fred Bosselman, a longtime Illinois practitioner and law professor, and David Callies, who left practice in Chicago to take a law school professorship at the University of Hawaii. Their thesis was that planning must be done and that it must have a significant influence on land-use controls and the zoning decisions that follow, that environmental impacts must be considered in planning and land-use...
A fiscal relief measure that would give local governments breathing room on deadlines for preparing expensive land-use and shoreline plans and converting their vehicle fleets to alternative fuels passed the House last week on a bipartisan 86-11 vote. Vancouver, Ridgefield and Battle Ground are among Washington cities that are pinning their hopes on House Bill 1478. But the bill may face a challenge in the Senate as environmentalists fight a provision that would give local governments more time to update their land-use and shoreline management plans.
McMinnville Planning Director Doug Montgomery has worked for years to help the city receive final approval for an urban growth boundary expansion. And after multiple appeals and remands, he is finding that the involvement of planners in the process is decreasing while the involvement of lawyers is increasing. The trend, he said, shows that Oregon's land-use process is heading in the wrong direction. From Bend to Woodburn to McMinnville, cities are encountering uncertainty, long delays and different interpretations of rules. But state land-use officials say finding practical solutions is difficult.
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Federal Land Policy and Management Act of 1976, as amended (FLPMA), and the Resources Planning Act of 1974, as amended by the National Forest Management Act 1976 (NFMA), the Bureau of Land Management (BLM) and the Forest Service (FS) intend to prepare Environmental Impact Statements (EIS) and Supplemental EISs, and by this notice are announcing the beginning of the scoping process to solicit public comments and identify issues. The BLM is the lead agency on these EISs and Supplemental EISs and the FS is participating as a cooperating agency. These EISs/Supplemental EISs will be coordinated under two regions: An Eastern Region and a Western Region. The Eastern Region includes BLM land use plans in th...
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