Lakefront


Book Description

How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.




Growing Populations, Changing Landscapes


Book Description

As the world's population exceeds an incredible 6 billion people, governmentsâ€"and scientistsâ€"everywhere are concerned about the prospects for sustainable development. The science academies of the three most populous countries have joined forces in an unprecedented effort to understand the linkage between population growth and land-use change, and its implications for the future. By examining six sites ranging from agricultural to intensely urban to areas in transition, the multinational study panel asks how population growth and consumption directly cause land-use change, and explore the general nature of the forces driving the transformations. Growing Populations, Changing Landscapes explains how disparate government policies with unintended consequences and globalization effects that link local land-use changes to consumption patterns and labor policies in distant countries can be far more influential than simple numerical population increases. Recognizing the importance of these linkages can be a significant step toward more effective environmental management.




Land Use Without Zoning


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.




The Politics of Place


Book Description

Only in Chicago Can Zoning Be Epic... Chicago is renowned for its distinctive skyline, its bustling Loop business district, and its diverse neighborhoods. How the face of Chicago came to be is a story of enterprise, ingenuity, opportunity--and zoning. Until now, however, there has not been a book that focuses on the important, often surprising, role of zoning in shaping the 'The City that Works.' "The Politics of Place: A History of Zoning in Chicago" reviews the interplay among development, planning, and zoning in the growth of the Gold Coast, the Central Area, and, more recently, massive 'Planned Developments'; such as Marina City, Illinois Center, and Dearborn Park. It tells the story of bold visions compromised by political realities, battles between residents and developers, and occasional misfires from City Council and City Hall. What emerges is a fascinating, behind-the-scenes inspection of the evolving character of the city's landscape. Schwieterman and Caspall recount the many planning innovations that have originated in Chicago, the complexities and intrigue of its zoning debates, and the recent adoption of a new zoning ordinance that promises to affect the city's economy and image for years to come.




Zoning Rules!


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.







Forever Open, Clear, and Free


Book Description

Of the thirty miles of Lake Michigan shoreline within the city limits of Chicago, twenty-four miles is public park land. The crown jewels of its park system, the lakefront parks bewitch natives and visitors alike with their brisk winds, shady trees, sandy beaches, and rolling waves. Like most good things, the protection of the lakefront parks didn't come easy, and this book chronicles the hard-fought and never-ending battles Chicago citizens have waged to keep them "forever open, clear, and free." Illustrated with historic and contemporary photographs, Wille's book tells how Chicago's lakefront has survived a century of development. The story serves as a warning to anyone who thinks the struggle for the lakefront is over, or who takes for granted the beauty of its public beaches and parks. "A thoroughly fascinating and well-documented narrative which draws the reader into the sights, smells and sounds of Chicago's story. . . . Everyone who cares about the development of land and its conservation will benefit from reading Miss Wille's book."—Daniel J. Shannon, Architectural Forum "Not only good reading, it is also a splendid example of how to equip concerned citizens for their necessary participation in the politics of planning and a more livable environment."—Library Journal







Land Use Controls


Book Description

Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy




Zoned in the USA


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.