LAND USE RESEARCH SHIKHA GUPTA JOSEPH SPRING 2014

Law Library Resources

Sources of Power for Land Use Public land use controls, including zoning, building codes and subdivisions are exercises of the police power. It is limited by the federal and state constitutions but generally legislatures can delegate their power to local governments. The delegated police power is distributed to municipalities including cities, counties, villages and towns.* o Standard Zoning Enabling Act -released in 1924, this is the source of power for land use control, all states adopted enabling acts substantially patterned on this Act. Standard Zoning Enabling Act o Charter-a written document by which a local government is created and its rights and privileges are set forth, usually zoning power is conferred in the charter. o Home rule-land use regulation is granted either by state Constitution or legislation. o Inherent and implied powers-zoning power not delegated by a Constitution or legislation but many states have given some form of inherent and implied powers to municipalities. o Initiative and referendum * See: Land Use Planning & Development Regulation Law, Julian Conrad Juergensmeyer and Thomas E. Roberts; American Law of Zoning, Patricia E. Salkin.

Land Use Resources by Topic in LexisNexis and WestlawNext To browse resources on zoning and land use law on: o Lexis Advance: go to Browse  Topics  Environmental Law OR Governments (subtopic Local Governments) OR Real Property Law. Lexis Advance o WestlawNext: go to Practice Areas  Energy & Environment OR Municipal Law OR Real Property. WestlawNext

Cases For both federal and state cases:  Databases: o Westlaw: Search by Practice Area  Municipal Law  Municipal Law Cases, Ordinance Law Annotations (digest of cases arranged topically that interpret and apply city and county ordinances); also Real Property  Real Property Cases. o LexisAdvance: Search by Topic  Governments  Local Government; also Real Property Law  Zoning. o Bloomberg Law  Print Sources: o Shepard's Ordinance Law Annotations (Law Classified, KF5313.S5 Cancelled 9/2011)- Citations to cases that interpret and apply city and county ordinances.

Federal Statutes Congress may also enact legislation that regulates land use and zoning such as environmental or discrimination laws. Search by using the index or use Federal Land Use Law & Litigation (Law Classified, KF5698.Z9 F43; WestlawNext) which provides annotations to relevant statutes.  Databases: o Westlaw: United States Code Annotated o LexisAdvance: United States Code Service o Bloomberg Law o Fdsys: United States Code Fdsys  Print Sources: o USCA, USCS, USC: Located in Reading Room.  Legislation Tracking: o WestlawNext-select from homepage Proposed & Adopted Legislation.

Federal Regulations Federal regulations may also govern some aspects of land use and zoning. Code of Federal Regulations is an annual codification of the general and permanent rules published in the Federal Register. It can be searched by index. Applicable titles include Title 30 - Mineral Resources, Title 36 - Parks, Forest and Public Property and Title 43 - Public Lands: Interior. Federal Register provides presidential documents, regulatory documents with general applicability and legal effect, proposed and final regulations, notices, and documents required by statute to be published. Also can be searched by index.  Databases: o WestlawNext, LexisAdvance, Bloomberg Law: Code of Federal Regulations; Federal Register. o Regulations.gov (current version only) allows regulations search by agency, by topic, or by keyword. Regulations.gov o Fdsys: Code of Federal Regulations; Federal Register Fdsys  Print Sources: o CFR and Federal Register: Located in Reading Room.  Regulations Tracking: o WestlawNext-select from homepage Proposed & Adopted Regulations.

State Statutes State laws governing land use planning, zoning, and eminent domain clauses can be found in the state constitutions as well as legislation.  Databases: o Westlaw: search by keyword for all states or index by state; 50 state statutory survey by topics Government and Real Property. o LexisAdvance: search by keyword or state statutes index; search Zoning and Land Use Controls (enter title in search bar) provides summaries of each state's laws. o Bloomberg Law-provides New York Consolidated and Unconsolidated Laws. o Gaining Ground Information Database (Land Use Law Center for Sustainable Development) Provides selected federal and state laws, local ordinances, and other documents related to land use. Gaining Ground Information Database  Print Sources: o State Statutes: Located in downstairs State Room. o New York materials only: McKinney’s Consolidated Laws of New York Annotated-Reading room, NY section, KFN A234; Consolidated Law Service (CLS)-Reading room, NY section, KFN5030.A46.  Legislation Tracking: o WestlawNext-for individual state under Proposed & Adopted Legislation. WestlawNext

Relevant New York Statutes o County Law (Chapter 11 of the Consolidated Laws) o General Municipal Law (Chapter 24 of the Consolidated Laws) o Municipal Home Rule Law (Chapter 36–A of the Consolidated Laws) o Statute of Local Governments (Chapter 58–A Of the Consolidated Laws)

State Regulations State regulations may also govern some aspects of land use and zoning. Most states will have an equivalent to the Federal Register.  Databases: o WestlawNext: Search by individual state for regulations and register materials. o LexisAdvance, Bloomberg Law: search by individual state under Administrative or Regulatory materials. o Google  Print Sources: o New York materials only: Official compilation of codes, rules and regulations, Law Reserve, KFN5035.A22 N4; New York State Register, Law Reading Room.  Regulations Tracking: o WestlawNext-for individual state under Proposed & Adopted Regulations.

Legislative History "Legislative history" generally refers to the documents created by the legislature in the course of the legislative process. Legislative histories are often needed to investigate the legislative intent behind a statute. Refer to the following Research Guide: o Federal Legislative History Federal Legislative History o New York Legislative History New York Legislative History o State Legislative History Guides State Legislative History Guides o Google-search for legislative guides created by a law school by state. Google

Local Laws (Municipal Laws and Ordinances) Local governments can be authorized to regulate land usage through home rule acts and zoning enabling acts.  Databases: o LexisAdvance: click on “Browse”, then enter State Municipal Code in “Search for Source” field (ex. Colorado Municipal Codes).  Internet Sources: o Gaining Ground Information Database (Land Use Law Center for Sustainable Development) Provides selected federal and state laws, local ordinances, and other documents related to land use. o General Code Municipal codes-arranged by state and then select individual municipalities.General Code Municipal codes o Municode.com-allows search by state and filter by selected counties, cities, towns etc.Municode.com o American Legal Publishing Corporation Library-search by state and filter by selected municipality.American Legal Publishing Corporation Library o State and Local Government on the Net includes links to official state and municipal websites.State and Local Government on the Net o Government websites (via Google)-often local laws found on official state, city or municipality site, also under specific agencies or departments.

Municipal Sources on Bloomberg Law, Lexis Advance, and WestlawNext o Bloomberg Law-use main search box or browse “All Legal Content” by jurisdiction o Lexis Advance: ◦Go to “Browse Topics” and select “Governments”, then choose “Local Governments” ◦Go to “Browse Sources”, can search by name or browse sources alphabetically o WestlawNext-go to “Practice Areas” tab and select “Municipal Law”

Building codes (also fire, electrical codes, mechanical and more)  Internet Sources: o Public.Resource.Org-provides building, fire, mechanical, plumbing etc. code for each state (must check if listing is current) Public.Resource.Org o Building Code Reference Library (Reed Construction Data)-provides various codes for each state including selected municipalities. Building Code Reference Library (Reed Construction Data) o International Code Council-offers selected state and city codes. International Code Council o Government websites (via Google)-often found on official state, city or municipality site, also under specific agencies or departments.

Administrative Decisions, Opinions and Rulings o Individual federal agency listings at A-Z Index of U.S. Government Departments and Agencies.A-Z Index of U.S. Government Departments and Agencies o Individual state agency listings at State and Local Government on the Net.State and Local Government on the Net o Bloomberg Law-search U.S. Government Departments & Agencies; for state go to All Legal Content  Jurisdiction  State Law  Select State  Click on Agencies & Departments. o Lexis Advance-browse federal or state Administrative Materials for various agency decisions. o WestlawNext-search by federal or individual state for Administrative Decisions & Guidance.

BNA Environmental Land Use Sources Provides current developments, news, and legislation. Search by keyword or recent topics which includes indexed terms like Zoning, Fracking, Stormwater etc. o Environment & Safety Resource Center Environment & Safety Resource Center o EHS Federal Regulatory Alert o EHS State Regulatory Alert o Environment Reporter Environment Reporter o Environmental Due Diligence Guide Report Environmental Due Diligence Guide Report o International Environment Reporter International Environment Reporter o Toxics Law Reporter Toxics Law Reporter

Secondary Sources Recommended texts and treatises for land use and zoning. Check Lexicat (Library Catalog) and many more are available on Bloomberg Law, Lexis Advance and WestlawNext.Lexicat o American Land Planning Law (WestlawNext) o American Law of Zoning (Law Classified, KF5698.A (last update 5/14); WestlawNext) o Environmental Regulation of Land Use (WestlawNext) o Handling the land use case : land use law, practice & forms(Law Classified, KF5698.S37; WestlawNext) o Land Use in a Nutshell (Law Reserve and Law Classified, KF5698.Z9 W ) o Land Use Law (LexisAdvance) o Land Use Planning and Development Regulation Law (WestlawNext) o Rathkopf's The Law of Zoning and Planning (Law Classified, KF5697.R31; WestlawNext) o Zoning & Planning Deskbook (WestlawNext) o Zoning and Land Use Controls (LexisAdvance) o Zoning Law and Practice (LexisAdvance)

Books The Law Library has a good collection of zoning books (other than treatises) for federal and states in hard copies, e-books, online sources and more. To locate books: o Lexicat (Library Catalog)-use keyword zoning or land use; can also search by Subject from within book records i.e. Land use -- Environmental aspects, Zoning law -- United States, Land use -- Hudson River Region (N.Y. and N.J.) -- Planning. Lexicat o Worldcat-search by keyword, author, subject etc. Library can interlibrary loan items-place ILL requests asap! Worldcat

Law Journal and Scholarly Articles Start from: Lexis and Westlaw; Online Resources by Subject-- Article FindingOnline Resources by Subject-- Article Finding o WestlawNext: Law Reviews & Journals o Lexis Advance: select Secondary Materials and enter search terms o For all articles you can obtain additional results by using Citing References, Table of Authorities and Footnotes. o Index to Legal Periodicals Full Text-if no PDF or full text available, check Journal Finder and Lexicat as the journal or article may be available from other Hofstra databases. Use Subject option to find additional terms and articles. Index to Legal Periodicals Full Text o SSRN (Social Science Research Network)—for scholarly working papers, forthcoming law review articles, think tank articles (new and very recent research); use the Keywords to find additional terms for the search. SSRN o Axinn Subject Databases for interdisciplinary scholarly articles-recommended subjects General/Multi-Subject and Politics/Government. Axinn Subject Databases

News and Newspaper Sources A great resource for finding current or pending legislation, regulations and code. Also, alerts to conflicts or problems that may arise across the country on zoning/land use before reaching the court or legislature level. o News databases from Bloomberg Law, Lexis Advance and WestlawNext. o Search Google for local newspapers or county publications. o Check municipal websites for any publications they endorse as their official notice service. o Law Library Sources for Newspapers and Axinn Guide for Newspapers-includes links to various databases for accessing newspapers. Law Library Sources for NewspapersAxinn Guide for Newspapers

Other helpful sites and tips: o Be SAVVY! Municipal legal research is often hard to locate! You will often have to call or various county departments/personnel, local libraries and other sources. o USE Google, Scholar and Google Books-but do check if it is a reliable and credible source. o Search case records and briefs on Bloomberg Law, Lexis Advance, WestlawNext, and court websites. o Feel free to contact me via or visit the reference desk.