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Author: Anneke Smit
Publisher: UBC Press
ISBN: 0774829346
Category : Social Science
Languages : en
Pages : 335
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Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Anneke Smit
Publisher: UBC Press
ISBN: 0774829346
Category : Social Science
Languages : en
Pages : 335
Get Book Here
Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Royce Hanson
Publisher: Cornell University Press
ISBN: 1501708074
Category : Political Science
Languages : en
Pages : 470
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Book Description
Land-use policy is at the center of suburban political economies because everything has to happen somewhere but nothing happens by itself. In Suburb, Royce Hanson explores how well a century of strategic land-use decisions served the public interest in Montgomery County, Maryland, a suburb of Washington, D.C. Transformed from a rural hinterland into the home a million people and a half-million jobs, Montgomery County built a national reputation for innovation in land use policy—including inclusive zoning, linking zoning to master plans, preservation of farmland and open space, growth management, and transit-oriented development.A pervasive theme of Suburb involves the struggle for influence over land use policy between two virtual suburban republics. Developers, their business allies, and sympathetic officials sought a virtuous cycle of market-guided growth in which land was a commodity and residents were customers who voted with their feet. Homeowners, environmentalists, and their allies saw themselves as citizens and stakeholders with moral claims on the way development occurred and made their wishes known at the ballot box. In a book that will be of particular interest to planning practitioners, attorneys, builders, and civic activists, Hanson evaluates how well the development pattern produced by decades of planning decisions served the public interest.
Author: Burton A. Weisbrod
Publisher: Univ of California Press
ISBN: 0520310802
Category : Law
Languages : en
Pages : 592
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Book Description
What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Author: William A. Fischel
Publisher:
ISBN: 9781558442887
Category : Electronic books
Languages : en
Pages : 416
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Book Description
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Author: M. Nolan Gray
Publisher: Island Press
ISBN: 1642832545
Category : Architecture
Languages : en
Pages : 258
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Book Description
It's time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations, Gray shows why zoning abolition is a necessary--if not sufficient--condition for building more affordable, vibrant, equitable, and sustainable cities. Gray lays the groundwork for this ambitious cause by clearing up common misconceptions about how American cities regulate growth and examining four contemporary critiques of zoning (its role in increasing housing costs, restricting growth in our most productive cities, institutionalizing racial and economic segregation, and mandating sprawl). He sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Arbitrary Lines is an invitation to rethink the rules that will continue to shape American life--where we may live or work, who we may encounter, how we may travel. If the task seems daunting, the good news is that we have nowhere to go but up
Author: Bernard H. Siegan
Publisher: Mercatus Center at George Maso
ISBN: 9781538148624
Category : Nature
Languages : en
Pages : 298
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Book Description
The conversation about zoning has meandered its way through issues ranging from housing affordability to economic growth to segregation, expanding in the process from a public policy backwater to one of the most discussed policy issues of the day. In his pioneering 1972 study, Land Use Without Zoning, Bernard Siegan first set out what has today emerged as a common-sense perspective: Zoning not only fails to achieve its stated ends of ordering urban growth and separating incompatible uses, but also drives housing costs up and competition down. In no uncertain terms, Siegan concludes, "Zoning has been a failure and should be eliminated!" Drawing on the unique example of Houston--America's fourth largest city, and its lone dissenter on zoning--Siegan demonstrates how land use will naturally regulate itself in a nonzoned environment. For the most part, Siegan says, markets in Houston manage growth and separate incompatible uses not from the top down, like most zoning regimes, but from the bottom up. This approach yields a result that sets Houston apart from zoned cities: its greater availability of multifamily housing. Indeed, it would seem that the main contribution of zoning is to limit housing production while adding an element of permit chaos to the process. Land Use Without Zoning reports in detail the effects of current exclusionary zoning practices and outlines the benefits that would accrue to cities that forgo municipally imposed zoning laws. Yet the book's program isn't merely destructive: beyond a critique of zoning, Siegan sets out a bold new vision for how land-use regulation might work in the United States. Released nearly a half century after the book's initial publication, this new edition recontextualizes Siegan's work for our current housing affordability challenges. It includes a new preface by law professor David Schleicher, which explains the book's role as a foundational text in the law and economics of urban land use and describes how it has informed more recent scholarship. Additionally, it includes a new afterword by urban planner Nolan Gray, which includes new data on Houston's evolution and land use relative to its peer cities.
Author: William A. Fischel
Publisher: JHU Press
ISBN: 9780801835629
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.
Author: Patricia Burgess
Publisher: Ohio State University Press
ISBN: 0814206328
Category : Housing development
Languages : en
Pages : 296
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Book Description
"In this intriguing study, Patricia Burgess examines how both public and private land use controls affected urban growth and development in Columbus, Ohio. Burgess considers how real estate developers applied restrictive deed covenants in order to shape contemporary metropolitan areas, and she examines the simultaneous application of zoning to determine the role of the public sector. She also outlines the planning theory of zoning and measures the actual zoning against the goals of its earliest and strongest proponents, the reformist planners and lawyers of the early twentieth century." "Using Columbus and seven of its suburbs as a case study, Burgess relies on extensive research in public records - recorded plats, deeds, planning reports, and minutes and records of city and suburban planning commissions and zoning boards - to paint a picture of a changing metropolitan area, subdivision by subdivision, lot by lot. Both the private and public controls applied to these subdivisions and lots do much to explain why people live where they live and how our American cities came to be the way they are." "Planning for the Private Interest has implications for the individual landowner because most urban Americans live in zoned communities but have little understanding of how zoning works until their plans for their own property come into conflict with local ordinances. Moreover, studies of this nature indicate the subtle but formidable forces that influence both class and race relations in metropolitan areas and reveal solutions as well as impediments to resolving potential conflicts. Readable and engaging, Burgess's work will be of great interest to scholars and students of regional history, urban growth and development, city planning, and urban sociology."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Sonia A. Hirt
Publisher: Cornell University Press
ISBN: 0801454700
Category : Social Science
Languages : en
Pages : 258
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Book Description
Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
Author: Patrick J. Rohan
Publisher:
ISBN:
Category : Land use
Languages : en
Pages :
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Book Description
