Comparative Urban Planning Law: An Introduction to Urban Land Development Law in the United States through the Lens of Comparing the Experience of Other Nations

Comparative Urban Planning Law: An Introduction to Urban Land Development Law in the United States through the Lens of Comparing the Experience of Other Nations

by James A. Kushner
     
 

Product Details

ISBN-13:
9780890892060
Publisher:
Carolina Academic Press
Publication date:
01/01/2003
Edition description:
New Edition
Pages:
529

Meet the Author

Table of Contents

Table of Cases
Preface
List of Copyright Permissions
Ch. 1Introduction3
City Life3
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas5
Trouble on the Commons7
Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning7
City Life in Developing Nations13
Curitiba13
Ch. 2Zoning23
Note, Different Ideas of the City: Origins of Metropolitan Land-Use Regimes in the United States, Germany, and Switzerland24
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California42
Ch. 3Administrative Subdivision Regulation49
Project Review49
The Reform of Planning Law: A Study of the Legal, Political and Administrative Reform of the British Land-use Planning System50
Board of County Commissioners of Cecil County v. Gaster56
The Vesting Problem62
Subdivision Law and Growth Management63
Compensable Regulation in the Federal Republic of Germany66
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development70
Ch. 4The Financing and Development of Infrastructure: Facilities and Services Necessary to Support Development73
Ehrlich v. City of Culver City76
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California84
Planning Gain, Exactions, and Impact Fees: A Comparative Study of Planning Law in England, Wales, and the United States88
Note, Making Mixed-Income Communities Possible: Tax Base Sharing and Class Desegregation93
Financing Urban Growth Through Development Charges97
Infrastructure Services and Financing in Chinese Cities102
Taxation105
The Single Tax and Land-Use Planning: Henry George Updated106
How Taxes Affect Urban Design - And How to Make Them Do a Better Job of It107
Ch. 5The Comprehensive Planning Process113
What Should Be the Leading Principles of Land Use Planning? A German Perspective114
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development121
When Fiction Conveys Truth and Authority: The Netherlands Green Heart Planning Controversy125
Netherlands Planning: The Higher Truth129
The Heart of the Matter: A Radical Proposal130
Alexander Responds130
Dutch Green Planning More Reality than Fiction131
Urbanization, Public Control of Land Use of Private Ownership of Land: The Development of Italian Planning Law132
Ch. 6Judicial Review of Land Use Decisions135
Standing136
Comparative Law and Standing to Sue: A Petition for Redress for the Environment137
SLAPP Suits144
Comment, When Rights Collide: Reconciling the First Amendment Rights of Opposing Parties in Civil Litigation144
Comment, Exporting SLAPPs: International Use of the U.S. "SLAPP" to Suppress Dissent and Critical Speech149
Hate Speech154
White v. Lee154
Ch. 7The Taking of Property Through Regulation163
Regulatory Takings in American Law and "Material Expropriation" in Swiss Law - A Comparison of the Applicable Standards167
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California173
Urbanization, Public Control of Land Use and Private Ownership of Land: The Development of Italian Planning Law176
Compensable Regulation in the Federal Republic of Germany185
State of Oregon Measure 7189
Comment, Keeping Big Brother Out of Our Backyard: Regulatory Takings as in International Law and Compared to American Fifth Amendment: Jurisprudence191
Ch. 8The First Amendment: Freedom of Expression and Religion Limits on the Exercise of Land Use Regulatory Power197
Adult Entertainment200
City of Camberwell v. Cherry Nicholson200
City of Renton v. Playtime Theaters, Inc205
Religion208
Church Protection210
First Covenant Church of Seattle v. City of Seattle210
Islamic Center of Mississippi, Inc. v. City of Starkville, Mississippi215
Ch. 9Other Models for Land Use Decisionmaking: Alternatives to Contemporary Administrative and Legislative Zoning and Judicial Review223
Ballot Box Zoning224
Private Regulation225
Alternative Dispute Resolution225
Testing the Partnership Model of Growth Management226
Forum Shopping and Other Reflections on Litigation Involving U.S. and European Businesses228
Alternative Development Approval Processes231
Deregulation231
Zoning and Other Land Use Controls: From the Supply Side232
Non-Zoning is the Best Zoning233
Free Markets Deep in the Heart of Texas237
Ch. 10Growth Management243
Towards Smart Growth243
Urban Growth: A Global Challenge245
Growth Management and the City249
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles250
Urban Growth Boundaries255
Note, The Smart Growth Revolution: Loudoun County, Virginia and Lessons To Learn255
Korea's Greenbelts: Impacts of Options for Change257
Testing the Partnership Model of Growth Management264
Transit Villages: Integration of Land Use Planning with Transportation Planning270
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas271
Smart Growth: The Politics, and Potential Pitfalls of Emerging Growth Management Strategies274
Growing Smart by Linking Transportation and Urban Development279
Growth for the Twenty-first Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States284
Comment, Taking It to the Streets: Western European and American Sustainable Transportation Policy and the Prospects for Community Level Change286
Landbanking291
The Reform of Planning Law: A Study of the Legal, Political and Administrative Reform of the British Land-use Planning System291
Ch. 11Securing a Sufficient Supply of Housing299
Financing Affordable Housing299
One Nation's Dream, Another's Reality: Housing Justice in Sweden301
Infrastructure Services and Financing in Chinese Cities309
Comment: A Perspective on Housing Privatization in Eastern Europe311
Project Site Selection and Design313
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California318
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles322
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas325
Growth for the Twenty-First Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States326
New Urbanism328
Growth Management and New Urbanism: Legal Implications329
Jane Jacob's Critique of Zoning: From Euclid to Portland and Beyond332
Cohousing335
Single-Parent Latinas on the Margin: Seeking a Room with a View, Meals, and Built-In Community335
Community by Covenant, Process, and Design: Cohousing and the Contemporary Common Interest Community337
Note, The Laws of Community: The Normative Implications of Crime, Common Interest Developments, and "Celebration"343
Squatters345
Comment, Squatters' Rights and Adverse Possession: A Search for Equitable Application of Property Laws345
Ch. 12Housing and Land Use Discrimination357
Growth Management and the City361
Note, Choosing the Chosen: The Validity of Racial Restrictions on the Alienation of Property in Israel and the United States363
City of Cleburne v. Cleburne Living Center, Inc368
Regulation of Occupancy372
Village of Belle Terre v. Boraas372
Affirmative Action374
United States v. Starrett City Associates374
Recent Development, Public Housing in Singapore: The Use of Ends-Based Reasoning in the Quest for a Workable System381
Ch. 13Environmental Protection and Land Use Planning383
Sustainability383
Sustainable Development as a Framework for National Governance387
Environmental Racism397
South Camden Citizens in Action v. New Jersey Department of Environmental Protection398
Beyond Eco-Imperialism: An Environmental Justice Critique of Free Trade404
Ch. 14Redevelopment409
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas413
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development417
Growth for the Twenty-First Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States424
Mallification432
Social Sustainability: Planning for Growth in Distressed Places - the German Experience in Berlin, Wittenberg, and the Ruhr432
Urban Redevelopment435
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California435
Clinton's Empowerment Zones: Hope for the Cities or a Failing Enterprise?446
Empowerment Zones, Enterprise Communities, Black Business, and Unemployment449
Revitalization of Economically Distressed Areas452
A Comparative Vision of the Convergence of Ecology, Empowerment, and the Quest for a Just Society452
Growth Management and the City455
More Revitalization of Economically Distressed Areas456
Social Sustainability: Planning for Growth in Distressed Places - the German Experience in Berlin, Wittenberg, and the Ruhr456
Ch. 15Planning for Beauty and the Protection of Aesthetic Values467
Aesthetics and the City467
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas470
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles472
Architectural Review474
State ex rel. Stoyanoff v. Berkeley475
Historic Preservation478
Note, Rescuing Prague's Past: A Survey of Legislative Attempts at Architectural and Historical Preservation in Prague, Czech Republic480
"The Best Laid Schemes ...": Land-Use Planning and Historic Preservation in Cambodia483
Carpinteria Municipal Code, Chapter 12.20 Historical Landmarks485
Note, From Monuments to Urban Renewal: How Different Philosophies of Historic Preservation Impact the Poor488
Public Art494
Ehrlich v. City of Culver City494
Inserting the Last Remaining Pieces into the Takings Puzzle495
Los Angeles City Code, [actual symbol not reproducible]91.107.4.6 (2000)497
Los Angeles Municipal Administrative Code, Article 21 Arts and Cultural Facilities and Services Trust Fund (1990)499
Richard Serra v. General Services Administration502
Law for Art's Sake in the Public Realm504
Nicole B. Wilkes Public Responsibilities of Private Owners of Cultural Property: Toward A National Art Preservation Statute510
Final Note515
Index517

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