Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
What if scrapping one flawed policy could bring US cities closer to addressing debilitating housing shortages, stunted growth and innovation, persistent racial and economic segregation, and car-dependent development? It’s time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations and stories, Gray shows why zoning abolition is a necessary—if not sufficient—condition for building more affordable, vibrant, equitable, and sustainable cities. The arbitrary lines of zoning maps across the country have come to dictate where Americans may live and work, forcing cities into a pattern of growth that is segregated and sprawling. The good news is that it doesn’t have to be this way. Reform is in the air, with cities and states across the country critically reevaluating zoning. In cities as diverse as Minneapolis, Fayetteville, and Hartford, the key pillars of zoning are under fire, with apartment bans being scrapped, minimum lot sizes dropping, and off-street parking requirements disappearing altogether. Some American cities—including Houston, America’s fourth-largest city—already make land-use planning work without zoning. In Arbitrary Lines, Gray lays the groundwork for this ambitious cause by clearing up common confusions and myths about how American cities regulate growth and examining the major contemporary critiques of zoning. Gray sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Despite mounting interest, no single book has pulled these threads together for a popular audience. In Arbitrary Lines, Gray fills this gap by showing how zoning has failed to address even our most basic concerns about urban growth over the past century, and how we can think about a new way of planning a more affordable, prosperous, equitable, and sustainable American city.
Thirteen years ago, the first edition of Land-Use Planning for Sustainable Development examined the question: is the environmental doomsday scenario inevitable? It then presented the underlying concepts of sustainable land-use planning and an array of alternatives for modifying conventional planning for and regulation of the development of land. This second edition captures current success stories, showcasing creative, resilient strategies for fundamentally changing the way we alter our landscape. See What’s New in the Second Edition: Explains the relationship between innovative land-use planning and nature’s impartial, inviolate biophysical principles that govern the outcome of all planning Focuses on how decision making that flows from and aligns with nature’s biophysical principles benefits all generations by consciously protecting and maintaining social-environmental sustainability Proposes an alternative framework for municipal comprehensive plans framing the community as a living system Written by two experienced professionals in sustainable development planning, the second edition revisits the successes as well as barriers to progress associated with establishing new community development models, such as EcoMunicipalities. The authors emphasize the necessity and potency of citizen involvement and initiatives. They provide proposals for alternative approaches that rest on lessons from history as well as the research, wisdom, and vision of many individuals and communities whose work they have studied. The book supplies a sturdy platform on which to continually build and innovate progress in sustainable land use planning.
Land represents an important resource for the economic life of a majority of people in the world. The way people handle and use land resources impacts their social and economic well-being as well as the sustained quality of land resources. Land use planning is also integral to water resources development and management for agriculture, industry, dr
Researchers have responded to urban sprawl, congestion, and pollution by assessing alternatives such as smart growth, new urbanism, and transit-oriented development. Underlying this has been the presumption that, for these options to be given serious consideration as part of policy reform, science has to prove that they will reduce auto use and increase transit, walking, and other physical activity. Zoned Out forcefully argues that the debate about transportation and land-use planning in the United States has been distorted by a myth?the myth that urban sprawl is the result of a free market. According to this myth, low-density, auto-dependent development dominates U.S. metropolitan areas because that is what Americans prefer. Jonathan Levine confronts the free market myth by pointing out that land development is already one of the most regulated sectors of the U.S. economy. Noting that local governments use their regulatory powers to lower densities, segregate different types of land uses, and mandate large roadways and parking lots, he argues that the design template for urban sprawl is written into the land-use regulations of thousands of municipalities nationwide. These regulations and the skewed thinking that underlies current debate mean that policy innovation, market forces, and the compact-development alternatives they might produce are often 'zoned out' of metropolitan areas. In debunking the market myth, Levine articulates an important paradigm shift. Where people believe that current land-use development is governed by a free-market, any proposal for policy reform is seen as a market intervention and a limitation on consumer choice, and any proposal carries a high burden of scientific proof that it will be effective. By reorienting the debate, Levine shows that the burden of scientific proof that was the lynchpin of transportation and land-use debates has been misassigned, and that, far from impeding market forces or limiting consumer choice, policy reform that removes regulatory obstacles would enhance both. A groundbreaking work in urban planning, transportation and land-use policy, Zoned Out challenges a policy environment in which scientific uncertainty is used to reinforce the status quo of sprawl and its negative consequences for people and their communities.
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.
The United States is struggling to control its sprawling land use patterns and to develop a unifying strategy of smart growth. The new millennium has brought with it greater popular understanding of this matter, and it is now known that land use law and practice directly address the problems associated with sprawl. In his new book, Well Grounded, Using Local Land Use Authority to Achieve Smart Growth, John R. Nolon explores the growing interest in land use law and practice that has been stimulated by the public's increasing disfavor with urban sprawl and its support of smart growth initiatives. For land use novices, the book's glossary defines technical terms and each chapter provides basic definitions of all topics before delving into more complicated applications of them. Well Grounded is a comprehensive, easy-to-use, and practical reference for land use officials and professionals, academics, and citizens in all states.
