Public Interest, Private Property


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.




Suburb


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.




Public Interest Law


Book Description

Monographic compilation of essays on public interest, law activities in the USA - presents theoretical analysis of failure of government policy to enhance public interest law, firm behaviour and volume of business, presents case studies in interest group advocacy for environmental protection, housing, employment, sex discrimination, consumer protection, occupational safety and occupational health, etc., and includes jurisprudence. Graphs, references and statistical tables.




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.




Arbitrary Lines


Book Description

What if scrapping one flawed policy could bring US cities closer to addressing debilitating housing shortages, stunted growth and innovation, persistent racial and economic segregation, and car-dependent development? 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 and stories, Gray shows why zoning abolition is a necessary—if not sufficient—condition for building more affordable, vibrant, equitable, and sustainable cities. The arbitrary lines of zoning maps across the country have come to dictate where Americans may live and work, forcing cities into a pattern of growth that is segregated and sprawling. The good news is that it doesn’t have to be this way. Reform is in the air, with cities and states across the country critically reevaluating zoning. In cities as diverse as Minneapolis, Fayetteville, and Hartford, the key pillars of zoning are under fire, with apartment bans being scrapped, minimum lot sizes dropping, and off-street parking requirements disappearing altogether. Some American cities—including Houston, America’s fourth-largest city—already make land-use planning work without zoning. In Arbitrary Lines, Gray lays the groundwork for this ambitious cause by clearing up common confusions and myths about how American cities regulate growth and examining the major contemporary critiques of zoning. Gray 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. Despite mounting interest, no single book has pulled these threads together for a popular audience. In Arbitrary Lines, Gray fills this gap by showing how zoning has failed to address even our most basic concerns about urban growth over the past century, and how we can think about a new way of planning a more affordable, prosperous, equitable, and sustainable American city.




Public Interest Law


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.




The Zone Plan


Book Description




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.




Land Use Law in Florida


Book Description

Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.