Is habitat modification "harm" to a threatened or endangered species?
Article Abstract:
The Us Court of Appeals for the D.C. Circuit ruled in Sweet Home Chapter of Communities for a Greater Oregon v. Babbitt that the US Fish and Wildlife Service was incorrect in asserting that modification of a habitat was necessarily harm to an endangered species in that habitat. The Court relied on the legislative history of the Endangered Species Act and found that government acquisition was the intending means of habitat protection. Real estate developers will be watching the US Supreme Court closely as it reviews this case in July 1995.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Dolan v. City of Tigard: another wrinkle on the takings doctrine
Article Abstract:
The Supreme Court's decision in Dolan helps establish a two-prong test to distinguish between land use regulations and takings. The court held that a regulation must serve a legitimate public purpose and that the regulated use of the owner's land must be in proportion to the risk posed by the owner's own land use. If the court decides that the second purpose is not met, that a city is too strict in requiring public use of part of the owner's land because the owner wants a liquor license, for example, then a taking has occurred.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Restrictive covenants in homeowners' associations: are they going to the dogs?
Article Abstract:
Recent lawsuits, such as Nahrstedt v. Lakeside Village Condominium Assn, have questioned the right of homeowners' associations to restrict pet ownership when the pets do not bother other homeowners. California Civil Code section 1354 states that all common interest ownership covenants must be enforced for the good of all residents unless the restriction is unreasonable. However, successful disputes have included claiming physical or mental disability requiring animal assistance or arbitrary enforcement.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: An overview of the status of current federal litigation against alleged realtor antitrust practices. Two construction accidents lead to an important ruling on the rights of illegal immigrants in New York
- Abstracts: The revised AIA contract forms: practical implications. Manufactures discover benefits of FTZs. Technology, change, and the building industry
- Abstracts: City's top players examine market. Survey: green building past the tipping point