1. LAND USE PLANNING Theoretical issues

2. 8/25/05GEOG 340.22 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)

3. 8/25/05GEOG 340.23

4. 8/25/05GEOG 340.24 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 …

5. 8/25/05GEOG 340.25 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)

6. 8/25/05GEOG 340.26 Land Use Decisions in the United States Actors involved in the process : The state/government The private sector/markets Civil society

7. 8/25/05GEOG 340.27 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?

8. 8/25/05GEOG 340.28 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

9. 8/25/05GEOG 340.29 P.P. links to land use controls cont’d… Protect contamination of air, water and soil Improve the overall quality of life

10. 8/25/05GEOG 340.210 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)

11. 8/25/05GEOG 340.211 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 (14 th Amendment procedural due process) Arbitrarily treating an individual differently from others (14 th Amendment equal protection) By taking property without just compensation (5 th Amendment violation) (other restrictions relate to freedom of speech, religion and right to privacy)

12. 8/25/05GEOG 340.212 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

13. 8/25/05GEOG 340.213 Land use management and the governmental hierarchy Levels in governmental hierarchy: Federal State County Municipal

14. 8/25/05GEOG 340.214 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:??)

15. 8/25/05GEOG 340.215 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

16. 8/25/05GEOG 340.216 The Role Of “ The Private Sector” and private property owners in general Who or what make up the private sector? Who determines where development takes place? Land owners -The “growth machine”

17. 8/25/05GEOG 340.217 The role of civil society (community interest groups) Non governmental organizations Environmental and citizens groups Environmental trusts Property owners Other stakeholders Key issue: Citizen participation/attitude

18. 8/25/05GEOG 340.218 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 state How does the state best serve the competing interests (private sector and community groups)?

19. 8/25/05GEOG 340.219 Externalities, Conflict, Controls Externalities: Definition Who or what produces externalities?? Who engages in conflict? Who or what mediates conflicts?

20. 8/25/05GEOG 340.220

21. 8/25/05GEOG 340.221

22. 8/25/05GEOG 340.222 Are Conflicts inevitable? A function of culture, values and ethics?