Ch 10 Land Use Controls Page 47

Controversy over Land Use Usable land is scarce The public is viewing land as A resource Not just a commodity Page 47

Land as a commodity Land is scarce Land is expensive Land is bought & sold for a profit The principles of supply & demand determine land use Page 47

Land as a Resource Land belongs to the public (the people). Land belongs to the public (the people). Land is constant Land is constant Land should be preserved Land should be preserved Land should be protected by the government Land should be protected by the government Page 47

Land planning resulted from: 1. Urbanization Increased number of cities Increased number of cities 2. Increased number of people Increased population Increased population Increased proximity of neighbors Increased proximity of neighbors 3. Scarcity of land Minimize the physical exploitation of the land Minimize the physical exploitation of the land Minimize the exploitation of mineral rights Minimize the exploitation of mineral rights Page 47

Private market land use control Principle of highest and best use. Principle of highest and best use. The legal use which will produce the largest net profit attributable to the land at a certain location. The legal use which will produce the largest net profit attributable to the land at a certain location. Highest & Best use has a strong influence on land usage. Highest & Best use has a strong influence on land usage. Page 47

Private market land use control Private deed restrictions Private deed restrictions Property owners attempt to Property owners attempt to protect land value protect land value contractually prohibiting surrounding land from being used in a harmful manner. contractually prohibiting surrounding land from being used in a harmful manner. Tried to Tried to freeze highest & best use freeze highest & best use promote uniformity promote uniformity

Public land use control Zoning ordinances: division of land into designed use districts Zoning ordinances: division of land into designed use districts Residential Residential Commerical Commerical Industrial Industrial Rural Rural Page 48

Zoning Zoning Zoning Government uses eminent domain and police powers to regulate private land WITHOUT payment of just compensation. Government uses eminent domain and police powers to regulate private land WITHOUT payment of just compensation. Eminent domain Eminent domain Allows government to regulate private land WITH payment of just compensation. Allows government to regulate private land WITH payment of just compensation. Police power Police power Designed to protect property values Designed to protect property values Allows government to regulate private land WITH (eminent domain) or WITHOUT (zoning) payment or compensation. Allows government to regulate private land WITH (eminent domain) or WITHOUT (zoning) payment or compensation. Page 48

Planning Zoning evolved into government planning Planning is designed to protect land values Planning attempts to promote community objectives: Social, Political, Biological (Physical), or Environmental and Economic (PEEPS) Planning covers entire regions Government acquires private land for public use for payment of just compensation.

Economic Forces Consumer: income, employment, credit Government: low-income housing P E E P S Forces that change Value Political Forces Government: zoning, fiscal policy, taxes People: education Physical Forces (biological) Natural: land, climate, resources, ocean Man-Made: buildings, roads/freeway, utilities Social Forces Area: neighborhood, living standards People: family size, lifestyle, attitudes Environmental ForcesPeople: health, sports, recreationGovernment: environmental protection P E E P S

State land-use planning controls 1. Subdivision map act Subdivided lands act 2. Environmental reports (EIR) 3. Land use zoning 4. Physical geological hazard zoning (earthquake) & similar specialization (flood) Page 48

How much should government protect people ? Tsunami protection Tsunami protection Cannot develop coastal lands Cannot develop coastal lands Earthquake protection Earthquake protection Cannot develop along San Andreas fault Cannot develop along San Andreas fault Volcanic protection Volcanic protection Cannot develop Mt. Shasta or Lassen areas Cannot develop Mt. Shasta or Lassen areas Flood protection Flood protection Cannot develop along Colorado River, Ocean, Russian River, Sacramento River... Cannot develop along Colorado River, Ocean, Russian River, Sacramento River...

Cost legislative land-use control Loss of local control Increased time delays Increased development costs Higher real estate prices Page 48

Land use changes: Controversial Controversial Differing groups Differing groups Monitor trends Monitor trends Influences future real estate market activity Influences future real estate market activity