1. LAND AND LAW “Political activities leave their impress upon the landscape, just as economic pursuits do”. Derwent Whittlesey (geographer)

2. What is Law? a set of rules or norms of conduct which mandate or permit specific relationships among people and organizations as well as punishment or penalty for those who do not follow the stated rules of conducts.

3. How many types of law do we have ? Constitutional law Statutory law Common law Judicial law Administrative law

4. Constitutional law the basic charter of the government (e.g. the Constitution of USA or of each state). Enumerates the powers and responsibilities of the various branches of government and the rights of citizens. (County Charter may be seen as “constitution of the County of Hawai`i”

5. Statutory law Rules or orders established by government legislature (federal and state) - Hence the term “legislation” or “statutes” Recall that powers of legislature set out in state constitution which in turn receives authority from the federal constitution

6. Legislative action -

7. Judicial law (from judicial branch of government) A system of laws derived from decisions reached by judges. Thus it is based on a precedent and is not formally written into legislation. - Current case in the news??

8. What do we mean by Common Law? Rules stated in decisions of judges from early times to present (common = not created by an act of the legislature) or Rules whose authority is based on usage and/or early customs and from ruling in court cases. Common law typically based on English tradition and not on other cultures in the state.

9. Administrative law decisions of government agencies (administrators) that have the force of law Example: EPA & Food and Drug regulations

10. Some other legal concepts enabling legislation zoning planning commission class action

11. Enabling legislation Who enables whom? Provides authority for town and county governments to act Two types of authorization - general authority (similar to police powers) - specific authority (pertaining to specific functions such as zoning)

12. What is zoning? Regulatory control of land use Euclidean zoning – most common form of zoning in USA Example of Hawai`i land use districts Court case: Euclid v. the Ambler Realty Company legitimized zoning. Look up!!

13. The zoning ordinance Is the best form of land-use control Prepared by planners and planning consultants (with public input) Consists of TWO parts: 1. the zoning map 2. the text (specifies in considerable detail what may be constructed in each zone and permitted uses for structures)

14. Planning commission see the Hawai`i County Charter.

15. Class action: Law suit in which one or more individuals file a complaint on behalf of themselves and all other people who are similarly affected by some action. Those similarly affected are members of “a class” Example: Suit in response to evidence of well water pollution.

16. Summary Planning is political Law establishes rules for interaction in political arena Different types of laws Zoning – example of how law imprints on landscape Planning Commission mediates positions taken by planner and public Class action as one source of remedy available to public.