Download or read book Land Use and the Constitution written by Brian W. Blaesser and published by Routledge. This book was released on 1989-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.
Download or read book Property Rights and the Constitution written by Dennis J. Coyle and published by State University of New York Press. This book was released on 1993-07-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
Download or read book Land Use Law in Florida written by W. Thomas Hawkins and published by Taylor & Francis. This book was released on 2021-06-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Taking Issue written by Fred P. Bosselman and published by . This book was released on 1973 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners.
Download or read book Property and Freedom written by Bernard H. Siegan and published by Routledge. This book was released on 1997 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations--a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.
Download or read book Handling the Land Use Case written by Frank Schnidman and published by Aspen Publishers. This book was released on 1984 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Use in a Nutshell written by John R. Nolon and published by West Academic Publishing. This book was released on 2006 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.
Download or read book The Economics of Zoning Laws written by William A. Fischel and published by JHU Press. This book was released on 1987-08 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.
Download or read book Property and Freedom written by Bernard H. Siegan and published by Transaction Pub. This book was released on 1997-01-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations—a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.
Download or read book Land Use and the Constitution of Property written by Donald Robert Denman and published by CUP Archive. This book was released on with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutions and the Commons written by Blake Hudson and published by Routledge. This book was released on 2014-03-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
Download or read book The Role of the States in Guiding Land Use Decisions written by Esther Lacognata and published by . This book was released on 1974 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land use Planning and the Law written by Alexandra Dawson and published by Scholarly Title. This book was released on 1982 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Use Law for Sustainable Development written by Nathalie J. Chalifour and published by Cambridge University Press. This book was released on 2006-11-20 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.
Download or read book Zoning Rules written by William A. Fischel and published by . This book was released on 2015 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book The Politics of Land use Law written by R. Robert Linowes and published by Greenwood. This book was released on 1976 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land use Law written by Edith Netter and published by American Planning Association. This book was released on 1984 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
