Residential Land Use Controls

This comprehensive and clearly written Understanding treatise addresses zoning, land use, and environmental regulation in a national, jurisdiction-independent manner. Understanding the Law of Zoning and Land Use Controls is divided into the following six parts: Part 1: Fundamental Concepts: The Police Power, Takings, and Zoning Part 2: The Zoning Forms of Action Part 3: Economic Discrimination and Zoning Part 4: Wetlands and Beaches Part 5: Regulating the User, Not the Use Part 6: Halting an Owner's Further Regulation The book also includes a glossary of Land Use Terms.

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.

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

"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

Lee Anne Fennell explores the relationship between home ownership and neighbourhood, arguing that the desire for active participation in local affairs is directly linked to conern about property values. She looks at how critical issues of neighbourhood control & community composition might be addressed through this link.