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STETSON LAW REVIEW - 28-3 Winter; (1999)

Local Government Law Symposium – Fifth Anniversary
VOLUME 28 Winter 1999 NUMBER 3
Local Government Law for the Next Millennium John Martinez

Regulatory Takings and the Supreme Court: How Perspectives on Property Rights Have Changed from Penn Central to Dolan, and What State and Federal Courts Are Doing About It David L. Callies
Since 1922, land use regulations that severely restrict the use of private property may be construed as takings that require compensation under the U.S. Constitution's Fifth Amendment. After decades of neglect and a flurry of confusing opinions, the U.S. Supreme Court in the 1990s provided a series of guidelines for deciding total and partial takings cases as well as those involving land development conditions attached to the development permitting process. This Article describes these guidelines and their application by state and lower federal courts.

Thinking Regionally About Affordable Housing and Neighborhood Development Peter W. Salsich, Jr.
Affordable housing and community development efforts at the close of the century are being affected by strong and conflicting societal forces and major changes in public policy. Federal budgetary pressures and dissatisfaction with federal administration of housing and community development programs have led to renewed interest in reliance on local governments and the private market place. Nonprofit community-based organizations are entering into partnerships with local public entities to establish supportive housing programs that combine housing with other other social services, but must overcome exclusionary traditions in local land use laws to succeed in creating sustainable neighborhoods. To maximize the potential of these public-private partnerships, regional strategies are needed to overcome local exclusion tendencies.

Reflections from The Chair: A Look Back in History and Ahead to Substantive Change Michael K. Grogan

Reflections Mary Julianne Yard

Reflections Herbert W.A. Thiele

Reflections H. Hamilton Rice, Jr.

Local Government Responsibility for Misconduct of Third Persons: The Pendulum Continues to Swing Hon. James R. Wolf

Revisiting Preventative Law as a Strategy For Local Governments After Faragher v. City of Boca Raton John J. Copelan, Jr.

Sports Aggravated: The Fan's Guide to the Franchise Relocation Problem in Professional Sports Robert Taylor Bowling
This Comment analyzes the problem of franchise relocation in professional sports in light of publicly-funded stadia. The Author considers this problem from the perspective of local fans and their respective communities. First, the Author analyzes the fan/franchise relationship, considering both economic and non-economic considerations. Next, the Author addresses the possible legal interests a community or city may have in a sports franchise by highlighting previous attempts by cities to prevent franchise relocation. The Author then analyzes a recent relocation threat, suggesting that such threats have become the sports team owner's greatest economic weapon. This Comment also reviews recent legislative responses to the relocation program, noting that Congress may be called upon to protect the fans. Finally, the Author concludes by recommending that alternatives to using public funds for professional sports franchises are necessary to protect local taxpayers, while at the same time recognizing that local fans and communities are the greatest investors in the franchise.

Takings and Transferable Development Rights in the Supreme Court: The Constitutional Status of TDRs in the Aftermath of Suitum R.S. Radford

Mob Violence and the Ku Klux Klan Act: State of the Law After Park v. City of Atlanta Karen E. Woodward

After Southlake Property: Settling the Confusion over the Location of Billboards Containing Noncommercial Speech Mark W. Forsling

The Constitutional Validity of Suspicionless Drug Testing After Chandler v. Miller Walker Chandler, Miranda Doming-Krush

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