LAND USE PLANNING

Theoretical issues

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THE LAND USE MANAGEMENT SYSTEM

• Participants and roles vary according to the economic system and the political ideology of the society -

• Subsistence or developed• Market or command or mixed

WHY?

(See Platt pages 30-31)

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Types of property

• real property = land (real estate) and

whatever is fixed upon it

• personal property = all other moveable assets e.g. automobile, furniture, farm animals, machinery …

• public property = those things owned by the public e.g. the roadway, state parks …

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Property Rights

• Absolute – suggests freedom to use as the owner sees fit.

• Relative – acknowledges the existence of constraints on absolute freedom of use (due to the exercise of government’s police powers)

• Resolution = “The bundle of Rights Concept of Property” (Figs 15.1 & 15.2 handout)

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Land Use Decisions in the United States

Actors involved in the process :

• The state/government

• The private sector/markets

• Civil society

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The Role of the State

• To protect public health, safety and welfare (includes regulating private activity that affects the environment or enjoyment of environmental amenity) by exercising its “police powers”.

• What are the specific ways in which the state exercises PP?

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Police Powers: Links to land use controls [WHEN]

Land use controls promote health, safety and welfare of citizens in the following ways:

• Prevent nuisances

• Protect ecologically sensitive areas

• Ensure safe design and construction of buildings

• Economize public facility costs

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P.P. links to land use controls cont’d…

• Protect contamination of air, water and soil

• Improve the overall quality of life

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Police powers: HOW are they linked to land use controls

The PP of government are carried out through:

• Taxing

• Spending

• Regulation

• Incentives

• Eminent domain (one form of acquisition)

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Limits to police power of the state

• imposing arbitrary requirements that do not relate to the legitimate public purpose

(substantive due process)• failing to provide adequate notice and an opportunity to

be heard (14th Amendment procedural due process)• Arbitrarily treating an individual differently from others

(14th Amendment equal protection)• By taking property without just compensation (5th

Amendment violation)• (other restrictions relate to freedom of speech, religion

and right to privacy)

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Police Powers and states’ rights

• In Kelo caseThe Stevens majority provided -- an escape from the danger of government taking private property:

“We emphasize that nothing in our report precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many states already impose 'public use' requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state constitutional law, while others are expressed in state eminent domain statutes that carefully limit the grounds on which takings may be exercised.”

Justice Stevens in Kelo ruling

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Land use management and the governmental hierarchy

Levels in governmental hierarchy:

• Federal

• State

• County

• Municipal

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Which level of government maintains control over land use

– State, county and municipal governments play the lead role:

– Regulatory tools include zoning, subdivision control, and “performance standards”

– Federal government’s role ought to be less direct, however it adopts laws that have direct or indirect impact on land use (Examples:??)

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The States Rights Doctrine

• Maintains that land use decision making should be the responsible of state govt.

• Doctrine persists despite origins in slavery

• Home Rule

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The Role Of “ The Private Sector” and private property

owners in generalWho or what make up the private sector?

• Who determines where development takes place?

• Land owners -The “growth machine”

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The role of civil society (community interest groups)

• Non governmental organizations

• Environmental and citizens groups

• Environmental trusts• Property owners• Other stakeholdersKey issue: Citizen

participation/attitude

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Relationships in conflict

What is the nature of the relationship between:

• community groups and private sector/owners/markets

• community groups and state• private sector and stateHow does the state best serve the

competing interests (private sector and community groups)?

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Externalities, Conflict, Controls

• Externalities: Definition

• Who or what produces externalities??

• Who engages in conflict?

• Who or what mediates conflicts?

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Are Conflicts inevitable?

• A function of culture, values and ethics?