Jan G. Laitos

Sites suitable for mixed use development in Britain and America

Purpose – This paper aims to evaluate the suitability and feasibility of the four most likely urban spaces for mixed use development – brownfields (contaminated lands); greenfields (open, undeveloped areas); greyfields (closed or dying shopping centers and empty parking lots); and redfields (underperforming, foreclosed commercial real estate).Design/methodology/approach – Literature about and studies of mixed use development projects in America and Britain were reviewed, and so too were specific examples of the four candidate urban spaces. The authors then analyzed which spaces succeeded as mixite and which failed.Findings – Brownfields are often not successfully transformed into usable mixite; nor are greenfields. The cost and regulatory complication of removing pollution from brownfields is too often prohibitive, and greenfields are too far away from urban core areas. By contrast, greyfields and redfields appear to be far more suitable spaces for mixed use development projects.Originality/value – Most g...

Height Restrictions near Airports: Physical Takings, Regulatory Takings, or Police Power Exercises?

Abstract A case pending before the Nevada Supreme Court could be a seminal decision in the often-litigated arena of takings law. The case, County of Clark v. Tien Fu Hsu, Lisa Family Trust, involves the constitutionality of a height restriction imposed by Clark County. The restriction affects privately owned buildings and structures near McCarran Airport (the airport serving Las Vegas). The restriction was intended to prevent the creation of aviation hazards for airplanes that might need additional maneuvering room close to the runways of the airport.

Regulated utilities and solar energy: a legal-economic analysis of the major issues affecting the solar commercialization effort

The reaction of public utilities to the addition (and competitive) sources of energy supplied by solar technologies will have a significant impact on the commercialization of solar energy. Decentralized applications of solar energy need utility-produced power to back up the energy produced by solar means. The cost and availability of this power will largely determine the acceptance of solar energy. There are three legal issues surrounding the role of utilities in the solar commercialization effort: (1) the extent to which utilities may own, sell, lease, finance, or service solar devices for utility customers; (2) the degree to which solar-powered utilities may be able to compete with existing utilities; and (3) the degree to which various utility rate structures will be allowed to penalize decentralized solar users. The impact of state constitutional and statutory provisions upon these issues is examined, along with relevant federal constitutional doctrines. Finally, the statutes of the National Energy Act, many of which specifically address the above issues, are discussed.