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“Sprawl” is one of the ugliest words in the American political lexicon. Virtually no one wants America’s rural landscapes, farmland, and natural areas to be lost to bland, placeless malls, freeways, and subdivisions. Yet few of America’s fast-growing rural areas have effective rules to limit or contain sprawl. Oregon is one of the nation’s most celebrated exceptions. In the early 1970s Oregon established the nation’s first and only comprehensive statewide system of land-use planning and largely succeeded in confining residential and commercial growth to urban areas while preserving the state’s rural farmland, forests, and natural areas. Despite repeated political attacks, the state’s planning system remained essentially politically unscathed for three decades. In the early- and mid-2000s, however, the Oregon public appeared disenchanted, voting repeatedly in favor of statewide ballot initiatives that undermined the ability of the state to regulate growth. One of America’s most celebrated “success stories” in the war against sprawl appeared to crumble, inspiring property rights activists in numerous other western states to launch copycat ballot initiatives against land-use regulation. This is the first book to tell the story of Oregon’s unique land-use planning system from its rise in the early 1970s to its near-death experience in the first decade of the 2000s. Using participant observation and extensive original interviews with key figures on both sides of the state’s land use wars past and present, this book examines the question of how and why a planning system that was once the nation’s most visible and successful example of a comprehensive regulatory approach to preventing runaway sprawl nearly collapsed. Planning Paradise is tough love for Oregon planning. While admiring much of what the state’s planning system has accomplished, Walker and Hurley believe that scholars, professionals, activists, and citizens engaged in the battle against sprawl would be well advised to think long and deeply about the lessons that the recent struggles of one of America’s most celebrated planning systems may hold for the future of land-use planning in Oregon and beyond.
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 and acknowledgements - Executive summary - Spatial and land-use planning systems across the OECD - Australia - Austria - Belgium - Canada - Chile - Czech Republic - Denmark - Estonia - Finland - France - Germany - Greece - Hungary - Ireland - Israel - Italy - Japan - Korea - Mexico - Netherlands - New Zealand - Norway - Poland - Portugal - Slovak Republic - Slovenia - Spain - Sweden - Switzerland - Turkey - United Kingdom - United States - Bibliography
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.
This book examines the effects of Oregon's comprehensive Land Use Act of 1973 on economic activity, housing, agriculture, and land values. The authors document statewide planning and land use politics through the late 1980s as the state responded to changing social and economic circumstances that affected the implementation of its planning goals.
An enlarged and revised book which looks at some programs of state land use control. Focusing on the problems that have caused the public to demand such controls, on the variety of legislative responses, and on the problems of implementation that arise, this study presents a rationale for the role of the state government in the land use field. Originally published in 1979