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Faculty Profiles

Tom Roberts

Tom Roberts

Professor of Law

Email: robertte@wfu.edu

Books

  • Cases and Materials on Land Use, (with David L. Callies and Robert H. Freilich) (Thomson West Pub. 5th ed. 2008) with accompanying teacher's manuals.
  • Land Use Control and Development Regulation Law, (with Julian Juergensmeyer) (Practitioner's Series (Thomson-West Publishing, 2nd ed. 2007) and Student Hornbook (2nd ed. 2007)).
  • Taking Sides on Takings Issues: The Impact of Tahoe-Sierra, editor and co-author (ABA Press 2003).
  • Taking Sides on Takings Issues: Public and Private Perspectives, editor and co-author (ABA Press 2002).

Articles

  • "An Analysis of Tahoe-Sierra and Its Help and Hindrance in Understanding the Concept of a Temporary Regulatory Taking," 25 U. Haw. L. Rev. 417 (2003).
  • "Regulatory Takings in the Wake of Tahoe-Sierra and the IOLTA Decision," 35 Urb. Law. 759 (2003).
  • "Facial Takings Claims Under Agins-Nectow: A Procedural Loose End," 24 U. Haw. L. Rev. 623 (2002).
  • "Moratoria As Categorical Regulatory Takings: What First English and Lucas Say and Don't Say," 31 Envtl. L. Rptr. 11037 (September 2001).
  • "Procedural Implications of Williamson County/First English in Regulatory Takings Litigation: Herein of Reservations, Removal, Diversity, and Supplemental Jurisdiction, Rooker-Feldman, and Res Judicata," 31 Envtl. L. Rptr. 10353 (April 2001).
  • "Takings, Due Process, and Preemption," 29 Urb. Law. 399 (1997).
  • "Land Use Litigation: Doctrinal Confusion Under the Fifth and Fourteenth Amendments," 28 Urb. Law. 765 (1996) (with Karen Edginton Milner and Robert I. McMurry).
  • "Ripeness and Forum Selection in Fifth Amendment Takings Litigation," 11 J. Land Use & Envtl. L. 37 (1995), appearing also in Takings: Land Development Conditions and Regulatory Takings After Dolan and Lucas, Chapter 3 ( D. Callies, ed. ABA 1995).
  • "Fifth Amendment Taking Claims in Federal Court: The State Compensation Ripeness Requirement and Principles of Res Judicata," 24 Urban Lawyer 479 (1992), reprinted in Institute on Planning, Zoning, and Eminent Domain, Chapter 6 (Southwestern Legal Foundation 1992).
  • "Private Land Use Controls: Enforcement of Real Covenants and Equitable Servitudes in North Carolina," 22 Wake Forest L. Rev. 749 (1987).
  • "Promises Respecting Land Use - Can Benefits Be Held in Gross?," 51 Mo. L. Rev. 933 (1986).
  • "The Regulation of Home Occupations Under Zoning Ordinances - Some Consititutional Considerations," 56 Temple L.Q. 49 (1983). 

Book Chapters

  • Takings International: A Comparative Study, The United States (R. Altermann ed. ABA 2010).
  • The Section 1983 Land Use Case, Sword and Shield (3rd ed. 2006 eds. Massaron-Ross and Voss) (ABA).
  • Structure and Substance of Land Use Law, Chapter 2, How to Try a Land Use Case (ed. L. Smith 2000) (American Bar Association).
  • Ripeness After Lucas, Chapter One in After Lucas: Land Use Regulation and the Taking of Property Without Compensation (ed. Callies 1993).
  • Planning and Zoning, Chapter 12, 2 American Law of Real Property (Ed. a. Gaudio, Matthew Bender 1991).
  • Interim Development Controls, Chapter 22, 3 Rohan, Zoning and Land Use Controls (Matthew Bender 1989).
  • Variances, Chapter 43, 6 Rohan, Zoning and Land Use Controls (Matthew Bender 1987).
  • Inclusionary Zoning, Chapter 3A, in Rohan, Zoning and Land Use Controls (Matthew Bender, 1986).
  • Use Classifications in Zoning, Chapter 40 in 6 Rohan, Zoning and Land Use Controls (Matthew Bender, 1985).
  • Accessory Uses, Chapter 40A, in 6 Rohan, Zoning and Land Use Controls (Matthew Bender, 1985).
  • Recent Trends in Real Property Law, Chapter 16, North Carolina Real Property Practice Handbook (Wake Forest University Continuing Legal Education, 1985).

CLE and Shorter Pieces

  • "Water Rights," The Oxford Companion to American Law. Editor, Kermit L. Hall. Oxford, England; New York: Oxford University Press, 2002.
  • "Wetland Takings Law Turns a New Page with Palazzolo - or Does It?," National Wetlands Newsletter, vol. 23 (No. 2001).
  • "Land Use Fundamentals," Nuts & Bolts of Municipal Law Practice (Section of State and Local Government Law, American Bar Association, 1998).
  • "Forum Selection in Land Use Cases: Is Federal Court a Viable Option?," 16 Urban, State and Local Law Newsletter 1 (Winter 1993).
  • "Land Use Litigation: Takings and Due Process Claims," 24 Urban Lawyer 833 (1992) (with Thomas C. Shearer).
  • "Regulatory Takings: Continued Confusion," 23 Urban Lawyer 785 (1991).
  • "Recent Developments in Land Use Law, Planning and Zoning Law: Zoning Moratoria," 22 Urban Lawyer 768 (1990) (edited by R. Roddewig).
  • "Moratoriums are Alive and Well," 48 Urban Land, No. 9, at 34 (September, 1989) (Adaptation and revision of article in the Urban Lawyer).
  • "Zoning Moratoria as Regulatory Takings in Recent Developments in Environmental Preservation and the Rights of Property Owners, edited by L. Bozung and D. Alessi, 20 Urban Lawyer 1012 (1988).
  • "Zoning by Condemnation and Assessment," 18 Wake Forest Jurist 21 (1987).
  • "Landlord and Tenant Law," Chapter 12, North Carolina Real Property Practice Handbook (Wake Forest University Continuing Legal Education, 1982, revised in 1985 edition).
  • "Recent Trends and Developments," Chapter 16, North Carolina Real Property Practice Handbook (Wake Forest University Continuing Legal Education, 1982).