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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.
The latest edition of The Illustrated Book of Development Definitions breaks new ground. It addresses traditional and new planning problems: natural and industrial disasters such as hurricanes and oil spills; new housing types and living accommodations; changes in urban design and practice like new urbanism; sustainability; pedestrian and bicycle friendly environments; and more. Joining Harvey S. Moskowitz and Carl G. Lindbloom, authors of the first three editions, are two prominent, nationally known planners: David Listokin and Richard Preiss. Attorney Dwight H. Merriam adds legal annotations to almost all 2,276 definitions. These citations from court decisions bridge the gap between land use theory and real world application, bringing a new dimension to this edition. More than 20,000 copies of previous editions were sold over four decades to professionals and government representatives, such as members of planning and zoning boards and municipal governing bodies. This first revision in ten years updates what is widely acknowledged as an essential, standard reference for planners.