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Keystone Bituminous Coal, First English, Nollan: A Framework for Accommodation?

Journal of Urban & Contemp. Law, Vol. 34, p. 173, 1988

Saint Louis U. Legal Studies Research Paper

28 Pages Posted: 25 Apr 2011  

Peter W. Salsich

Saint Louis University - School of Law

Date Written: April, 25 2011

Abstract

This article focuses on three Supreme Court cases that produced important developments for land use laws and redefined property rights: Keystone Bituminous Coal Association v. De Benedictis, First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, and Nollan v. California Coastal Commission. The article discusses these cases and the implications they have for both landowners and regulators. Keystone favors property regulators while First English and Nollan favor property owners, but the article emphasizes that when these cases are read together what emerges is a sense that both landowners and regulators have important common interests which the American property law system can accommodate. The article suggests alternative approaches for future developments in the land use regulatory process. Finally, the article concludes that the best response to this trilogy of cases is the effective use of an early review system, along with regulations carefully tailored to specific land use policies. This would enable municipalities to plan and regulate land in comprehensive, flexible, and innovative ways.

Suggested Citation

Salsich, Peter W., Keystone Bituminous Coal, First English, Nollan: A Framework for Accommodation? (April, 25 2011). Journal of Urban & Contemp. Law, Vol. 34, p. 173, 1988; Saint Louis U. Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=1822208

Peter W. Salsich (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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