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This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
All phases of road developmentâ€"from construction and use by vehicles to maintenanceâ€"affect physical and chemical soil conditions, water flow, and air and water quality, as well as plants and animals. Roads and traffic can alter wildlife habitat, cause vehicle-related mortality, impede animal migration, and disperse nonnative pest species of plants and animals. Integrating environmental considerations into all phases of transportation is an important, evolving process. The increasing awareness of environmental issues has made road development more complex and controversial. Over the past two decades, the Federal Highway Administration and state transportation agencies have increasingly recognized the importance of the effects of transportation on the natural environment. This report provides guidance on ways to reconcile the different goals of road development and environmental conservation. It identifies the ecological effects of roads that can be evaluated in the planning, design, construction, and maintenance of roads and offers several recommendations to help better understand and manage ecological impacts of paved roads.
‘Planning and Development Law in the Netherlands’ seeks to be an accessible introduction to the extensive field of planning law. The book covers both the ‘planning side’ (the formal system) and the ‘development side’ (including the interrelations between municipalities and developers). It is primarily intended for Dutch and international students. But also researchers and practitioners outside the Netherlands seeking information about Dutch Planning and Development Law may find this a useful introduction to this complex, yet highly relevant field. Fred Hobma and Pieter Jong are lecturers in Planning and ­Development Law.
"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.
What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved? This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general. For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.
This book is a comprehensive treatment of the twin processes of planning and development and is the only book to bring the two fields together in a single text.
Comprehensive Plans and the Planning Process; Land Use Control by Zoning: History, Sources of Power and Purposes; Types of Zones and Uses; Types of Zoning Relief: Obtaining or Resisting Development Permission; Exclusionary Zoning; Subdivision Control Law; Building anti Housing Codes; Growth Management; Constitutional Issues; Environmental Aspects of Land Use Controls; Aesthetic Regulation and Historic Preservation; Agricultural Lands Protection and Preservation; Nuisances; Private Land Use Controls; The Power of Eminent Domain.