Spring 2008 Newsletter

Land Use Newsletter

Helping Communities Achieve Their Sustainable Future
A quarterly newsletter of the Land Use Law Center



Pace Law School Announces the Creation of the

Kheel Center on Resolution of Environmental Interest Disputes

The Land Use Law Center is pleased to announce that the Law School has asked it to organize and initiate the Kheel Center on the Resolution of Environmental Interest Disputes.  Funded by a grant given by famed mediator Theodore W. Kheel, the Center will provide a variety of educational programs designed to inform students and lawyers about, and engage them in, alternative dispute resolution in the environmental context.


Starting this Fall

LL.M. in Real Estate Law Program

Pace Law School is please to announce an LL.M. degree program in real estate law, only the third of its kind in the nation.  The LL.M. will be a 24-credit program that gives lawyers a sophisticated understanding of the issues that arise in today's challenging real estate practice.

To learn more

Join us for our


May 22, 2008, 5:00PM - 7:30PM

Classroom Building C-202 Hallway, Pace University School of Law, 78 North Broadway, White Plains, NY

Learn about the possibility of advanced standing and waivers for Pace law School graduates and experienced real estate attorneys.

Attendees at the Open House receive a free copy of Practitioner's Guide to the New York Contract of Sale of Residential Property.  A Publication of The Real Estate Law Institute of The Land Use Law Center.  Food will be served.

For more information about the program, upcoming Open House, how to apply or to download our brochure please visit Pace Law School's LL.M. website: www.law.pace.edu/realestate.html.  Or, call the Office of Graduate Programs at (914) 422-4670.



Real Estate and Land Use Law Society Approved!

Pace Law School's Student Bar Association (SBA) recently approved the development of the Real Estate and Land Use Law Society (RELULS), a student organization that will serve as a method of increasing awareness about land use and real estate issues and foster discussion about these issues and lead to active student participation in local land use and real estate programs.

We would like to reach out to members of our Land Use Law Center family to ask for your support and participation in facilitating the success of this wonderful student organization.  If you would be interested in leading a career panel, or speaking to the student members about a particular issue or experience, please contact Jessica Bacher at jbacher@law.pace.edu.




Written for Publication in the New York Law Journal

April 16, 2007

John R. Nolon and Jessica A. Bacher

Currently, there is a vested rights bill circulating in the New York State Assembly which would create more protection for property owners and affect the municipality's ability to amend certain zoning requirements.  The following article discusses the proposed legislation, as well as the current vested rights law, the purpose of the current law, and the limitations and concerns regarding the current law.

To view the article. please  click here .


The Case Law Update highlights relevant State and Federal judicial decisions, and provides access to the full text of the New York State court decisions in the field of land use law.

To read the Spring 2008 Case Law Update click here.



There are a variety of ways to search resources on wind energy through the Gaining Ground Information Database.  One method is to simply type "wind energy" into the Search Resources box.  You may also use the Advanced Search option located in the menu on the right-hand side of the webpage.  After selecting this option, enter the words "wind energy" into the "description" field on the top half of the page.  If you wish to narrow the search to laws, or to resources from a particular jurisdiction, use the "limits" located on the bottom half of the page.  For example, limit the search by selecting "laws" from the resource type options on the bottom half of the advanced search page, "municipality" from the jurisdiction and "New York" from the state options.  Scroll through the results and find a law on "wind energy" in New York.

To perform a search on wind energy, or another topic of interest, click here...

The Gaining Ground Information Database (www.landuse.law.pace.edu) is an on-line database that contains information about the methods used by governments to control the use of land in the public interest.  It includes federal, state, and local laws and regulations, commentaries, research papers, and a variety of research aids.





Losing Ground: A Nation on Edge

Edited by Professors John R. Nolon and Daniel B. Rodriguez


Losing Ground: A Nation on Edge calls attention to the emerging issues involved in building on the edge of vulnerable places, explores why we do this, and proposes ways to mitigate its impact. This volume contains creative thinking and informative analysis about new approaches to ecosystem management and environmental regulation that localities and states can implement to protect the environment, society, and property rights. This book proudly joins ELI’s Ground Suite—the critically acclaimed suite of books on land use and environmental law by Professor John Nolon.


For more information or to place an order, click here.


June 11th, July 16th, August 6th, 2008

Beginning June 11th, Riverkeeper will launch 4-hour small group excursions with experts from Riverkeeper, who will provide an interesting, informative, and memorable tour of Constitution Marsh and the Hudson River.

E-mail twalsh@riverkeeper.org or call 914-478-4501 ext. 243 for tour availability and prices.


May 17, 2008

$40, includes lunch

The Land Use Academy provides practical and accessible education for local land use decision makers across the state, with a focus on skills and knowledge needed to serve on land use commissions with confidence.

For more information and to register: http://www.clear.uconn.edu/lua.htm.


We would like to thank all those who participated and wrote pieces in past editions of the newsletter. We would again like to solicit case studies from municipal officials and local leaders in the region.  Case studies can be modeled after ones contained in previous issue, or, if preferred, we can write the case study based upon an interview.  All summaries must be submitted by June 15, 2008 in order to be included in the next Newsletter. Please contact us at landusenewsletter@yahoo.com if you are interested. 

Additionally, if you have any items of interest, including upcoming events or conferences, that you would like included in the next newsletter, please contact us at landusenewsletter@yahoo.com. Please provide a short summary of the event, along with any links to pertinent websites or materials, to be posted with the announcement.


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Send an email to landuse@law.pace.edu with the text "subscribe" or "unsubscribe" in the subject line or body of your message.