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Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
Foreword. Nature and scope. Overview of the planning process. Steps in land-use planning. Methods and sources.
"Chapter 160D of the North Carolina General Statutes is the first major recodification and modernization of city and county development regulations since 1905. The endeavor was initiated by the Zoning and Land Use Section of the N.C. Bar Association in 2013 and emanated from the section's rewrite of the city and county board of adjustments statute earlier that year. This bill summary and its many footnotes are intended to help citizens and local governments understand and navigate these changes."--Page vii.
This book reconciles competing and sometimes contradictory forms of land use, while also promoting sustainable land use options. It highlights land use planning, spatial planning, territorial (or regional) planning, and ecosystem-based or environmental land use planning as tools that strengthen land governance. Further, it demonstrates how to use these types of land-use planning to improve economic opportunities based on sustainable management of land resources, and to develop land use options that strike a balance between conservation and development objectives. Competition for land is increasing as demand for multiple land uses and ecosystem services rises. Food security issues, renewable energy and emerging carbon markets are creating pressures for the conversion of agricultural land to other uses such as reforestation and biofuels. At the same time, there is a growing demand for land in connection with urbanization and recreation, mining, food production, and biodiversity conservation. Managing the increasing competition between these services, and balancing different stakeholders’ interests, requires efficient allocation of land resources.
In 1997, New York City adopted a mammoth watershed agreement to protect its drinking water and avoid filtration of its large upstate surface water supply. Shortly thereafter, the NRC began an analysis of the agreement's scientific validity. The resulting book finds New York City's watershed agreement to be a good template for proactive watershed management that, if properly implemented, will maintain high water quality. However, it cautions that the agreement is not a guarantee of permanent filtration avoidance because of changing regulations, uncertainties regarding pollution sources, advances in treatment technologies, and natural variations in watershed conditions. The book recommends that New York City place its highest priority on pathogenic microorganisms in the watershed and direct its resources toward improving methods for detecting pathogens, understanding pathogen transport and fate, and demonstrating that best management practices will remove pathogens. Other recommendations, which are broadly applicable to surface water supplies across the country, target buffer zones, stormwater management, water quality monitoring, and effluent trading.
"First paperback printing 2013, by Transaction Publishers."