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This extensively revised and updated fourth edition of Planning in the USA continues to provide a comprehensive introduction to the policies, theory and practice of planning. Outlining land use, urban planning, and environmental protection policies, this fully illustrated book explains the nature of the planning process and the way in which policy issues are identified, defined, and approached. This full colour edition incorporates new planning legislation and regulations at the state and federal layers of government, updated discussion on current economic issues, and examples of local ordinances in a variety of planning areas. Key updates include: a new chapter on planning and sustainability; a new discussion on the role of foundations and giving to communities; a discussion regarding the aftermath of Katrina in New Orleans; a discussion on deindustrialization and shrinking cities; a discussion on digital billboards; a discussion on recent comprehensive planning efforts; a discussion on land banking; a discussion unfunded mandates; a discussion on community character; a companion website with multiple choice and fill the blank questions, and ‘test yourself’ glossary terms. This book gives a detailed account of urbanization in the United States and reveals the problematic nature and limitations of the planning process, the fallibility of experts, and the difficulties facing policy-makers in their search for solutions. Planning in the USA is an essential book for students, planners and all who are concerned with the nature of contemporary urban and environmental problems.
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case—indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. "Passionate...a page-turner with conscience." —Publishers Weekly "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." —Deadline Hollywood
The control and utilization of urban spaces remains a highly contested issue. Much of the debate centers on issues of economic development versus the maintenance and support of already existing communities. As a number of urban areas are in the throes of gentrification and economic development projects, there is a dearth of information on not only the use of private power in this process, but also the response of the community members. This anthology responds to a growing concern about urban and community development, and the role of corporate power. These essays focus on key themes of land ownership and management, community resistance against corporate agendas, and public discourse over these issues. These themes are presented and developed within an interdisciplinary framework which includes information and commentary about history, contemporary politics, economic development, and ideology. Most of the chapters include case studies that provide concrete examples of contemporary developments in urban areas, and each chapter includes discussion questions and a list of key words and terms to help guide the reader.
Extensively revised and updated, Planning in the USA, fifth edition, continues to provide a comprehensive introduction to the policies, theory, and practice of planning. Outlining land use, urban planning, and environmental protection policies, this fully illustrated book explains the nature of the planning process and the way in which policy issues are identified, defined, and approached. The new edition incorporates new planning legislation and regulations at the state and federal layers of government and examples of local ordinances in a variety of planning areas. New material includes discussions of • education and equity in planning; • the City Beautiful Movement; • Daniel Burnham’s plan for Chicago; • segregation; • Knick v. Township of Scott; • reforming single-family zoning and regulatory challenges in zoning and land use; • Daniel Parolek’s ‘Missing Middle Housing’; • climate change, mitigation, adaptation, and resiliency; • the drinking water crisis in Flint, Michigan; • sharing programs for cars, bicycles, and scooters; • hybrid electric and autonomous vehicles; • Vision Zero; • COVID-19 relief for housing; • Innovation Districts, Promise Zones, and Opportunity Zones; • the sharing, gig, and creative economies; • scenic views and vistas, monuments, statues, and remembering the past; and • healthy cities, Health Impact Assessment, and active living. This detailed account of urbanization in the United States reveals the problematic nature and limitations of the planning process, the fallibility of experts, and the difficulties facing policy-makers in their search for solutions. Planning in the USA, fifth edition, is an essential book for students of urban planning, urban politics, environmental geography, and environment politics. It will be a valuable resource for planners and all who are concerned with the nature of contemporary urban and environmental problems.
The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.
This book examines the subtle ways in which rhetorics of sacrifice have been re-appropriated into the workings of the global political economy in the 21st century. It presents an in-depth analysis of the ways in which ritual practices are deployed, under a diverse set of political and legal contexts, as legitimation devices in rendering exploitative structures of the prevailing political-economic system to appear inescapable, or even palatable. To this end, this work explores the deeper rhetorical and legal basis of late-capitalist governmentality by critically interrogating its mythical and ritual dimensions. The analysis gives due consideration to the contemporary incarnations of ritual sacrifice in the transnational neoliberal discourse: from those exploitative yet inescapable contractual obligations, to calendrical multi-billion dollar 'offerings' to the insatiable needs of 'too-big-to-fail' corporations. The first part of the book provides a working interpretative framework for understanding the politics of ritual sacrifice – one that not only accommodates multidisciplinary, interdisciplinary knowledge of ritual practices, but that can also be employed in the integrated analysis of sacrificial rituals as political rhetoric under divergent historical and societal contexts. The second conducts a series of case studies that cut across the wide variability of ritual public takings in late-capitalism. The book concludes by highlighting several key common doctrines of public ritual sacrifice which have been broadly observed in its case studies. These common doctrines tend to reflect the rhetorical and legal foundations for public takings under hegemonic market-driven governance. They define 'appropriate and proper' occasions for suspending pre-existing legal protections to regularize otherwise transgressive transfers of rights and possessions for the 'greater good' of the economic order.
With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook, Fourth Edition will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. Their clear, concise discussions will guide you step-by-step through each phase: Land and space acquisition Creating the owning entity, design and construction, due diligence, interim and term financing, and occupancy leases The ultimate sale or disposition of the project In addition, Commercial Real Estate Transactions Handbook is logically organized by topic, so you always find the information you need quickly and easily. Each chapter covers one broad topic area. Major subjects are then distilled into highly informative sections that focus on specific practice-oriented suggestions from the unique perspective of the and“less experiencedand” or and“disadvantagedand” party.