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The Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbook provides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits. This is a definitive and invaluable resource!
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
This hornbook for specialists in urban planning and for city planners discusses: types of zones and uses, limitations on zoning power, zoning flexibility and relief, subdivision control, building and housing codes, growth management and planning, windfalls and wipeouts, and many other topics.
This book discusses the fundamental issues regarding the effect of real estate regulation on housing, urban development, and considerations of justice and efficiency. Bringing together the contributions of prominent scholars representing diverse methodologies and academic disciplines, this book offers new perspectives on core topics such as the effectiveness of land use regulation in terms of housing availability, enhanced equality, and sustainable development; and different modes of regulation and their mutual influences. The book’s eleven chapters are divided into five parts which address different aspects of real estate regulation, combining theoretical analysis with a close observation of diverse case studies, from North America and Europe to China, the Middle East, and developing economies. Part I offers cutting-edge analysis on how to measure, model, and understand the impact of zoning and other modes of real estate regulation, from economic and normative theoretical viewpoints. Part II complements Part I by providing historical observations and empirical knowledge on the actual contribution of zoning and historical conservation regulation to cities’ shape. Part III considers the outcomes of business and industrial land development policies. Part IV studies urban land development regulation and allows to compare between two relevant case studies—one from Germany, and the other from Poland. Finally, Part V concerns standardization in the real estate market by analyzing the justification and outcomes of such attempts, particularly in the mortgages market. Providing an interface between theory and practice, the book will appeal to a broad audience, consisting of scholars, policy-makers, practitioners, and students, interested in an interdisciplinary overlook on real estate regulation.
Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.