Land Use Law and Disability


Book Description

This book argues that communities need better planning to be safely navigated by people with mobility impairment and to facilitate intergenerational aging in place.




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.




The Economics of Zoning Laws


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.










Federal Preemption of State and Local Law


Book Description

Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.




Zoning and the American Dream


Book Description

First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company. This guide explains neighborhood planning for both citizens and professionals. It explains what information to collect, where to get it, and how to assess it; how to pinpoint key issues, set clear goals, and devise strategies to achieve them; and how to pa




The Taking Issue


Book Description

"A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners."--T.p.




The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




Regulating Sexually Oriented Businesses


Book Description

Examines the legal issues associated with government regulation of sexually oriented businesses. Addresses constitutional issues such as what type of sexually oriented activity can be banned entirely; zoning restrictions on the location of sexually oriented businesses--the type of restrictions most frequently used by local governments; how far the First Amendment allows local governments to go in restricting these businesses; what a local government must do to establish a proper legal foundation for its regulations; and the operational restrictions that can be imposed on sexually oriented businesses.