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

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Product Details

  • ISBN-13: 9780890892060
  • Publisher: Carolina Academic Press
  • Publication date: 1/1/2003
  • Edition description: New Edition
  • Pages: 529

Table of Contents

Table of Cases
Preface
List of Copyright Permissions
Ch. 1 Introduction 3
City Life 3
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas 5
Trouble on the Commons 7
Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning 7
City Life in Developing Nations 13
Curitiba 13
Ch. 2 Zoning 23
Note, Different Ideas of the City: Origins of Metropolitan Land-Use Regimes in the United States, Germany, and Switzerland 24
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California 42
Ch. 3 Administrative Subdivision Regulation 49
Project Review 49
The Reform of Planning Law: A Study of the Legal, Political and Administrative Reform of the British Land-use Planning System 50
Board of County Commissioners of Cecil County v. Gaster 56
The Vesting Problem 62
Subdivision Law and Growth Management 63
Compensable Regulation in the Federal Republic of Germany 66
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development 70
Ch. 4 The Financing and Development of Infrastructure: Facilities and Services Necessary to Support Development 73
Ehrlich v. City of Culver City 76
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California 84
Planning Gain, Exactions, and Impact Fees: A Comparative Study of Planning Law in England, Wales, and the United States 88
Note, Making Mixed-Income Communities Possible: Tax Base Sharing and Class Desegregation 93
Financing Urban Growth Through Development Charges 97
Infrastructure Services and Financing in Chinese Cities 102
Taxation 105
The Single Tax and Land-Use Planning: Henry George Updated 106
How Taxes Affect Urban Design - And How to Make Them Do a Better Job of It 107
Ch. 5 The Comprehensive Planning Process 113
What Should Be the Leading Principles of Land Use Planning? A German Perspective 114
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development 121
When Fiction Conveys Truth and Authority: The Netherlands Green Heart Planning Controversy 125
Netherlands Planning: The Higher Truth 129
The Heart of the Matter: A Radical Proposal 130
Alexander Responds 130
Dutch Green Planning More Reality than Fiction 131
Urbanization, Public Control of Land Use of Private Ownership of Land: The Development of Italian Planning Law 132
Ch. 6 Judicial Review of Land Use Decisions 135
Standing 136
Comparative Law and Standing to Sue: A Petition for Redress for the Environment 137
SLAPP Suits 144
Comment, When Rights Collide: Reconciling the First Amendment Rights of Opposing Parties in Civil Litigation 144
Comment, Exporting SLAPPs: International Use of the U.S. "SLAPP" to Suppress Dissent and Critical Speech 149
Hate Speech 154
White v. Lee 154
Ch. 7 The Taking of Property Through Regulation 163
Regulatory Takings in American Law and "Material Expropriation" in Swiss Law - A Comparison of the Applicable Standards 167
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California 173
Urbanization, Public Control of Land Use and Private Ownership of Land: The Development of Italian Planning Law 176
Compensable Regulation in the Federal Republic of Germany 185
State of Oregon Measure 7 189
Comment, Keeping Big Brother Out of Our Backyard: Regulatory Takings as in International Law and Compared to American Fifth Amendment: Jurisprudence 191
Ch. 8 The First Amendment: Freedom of Expression and Religion Limits on the Exercise of Land Use Regulatory Power 197
Adult Entertainment 200
City of Camberwell v. Cherry Nicholson 200
City of Renton v. Playtime Theaters, Inc 205
Religion 208
Church Protection 210
First Covenant Church of Seattle v. City of Seattle 210
Islamic Center of Mississippi, Inc. v. City of Starkville, Mississippi 215
Ch. 9 Other Models for Land Use Decisionmaking: Alternatives to Contemporary Administrative and Legislative Zoning and Judicial Review 223
Ballot Box Zoning 224
Private Regulation 225
Alternative Dispute Resolution 225
Testing the Partnership Model of Growth Management 226
Forum Shopping and Other Reflections on Litigation Involving U.S. and European Businesses 228
Alternative Development Approval Processes 231
Deregulation 231
Zoning and Other Land Use Controls: From the Supply Side 232
Non-Zoning is the Best Zoning 233
Free Markets Deep in the Heart of Texas 237
Ch. 10 Growth Management 243
Towards Smart Growth 243
Urban Growth: A Global Challenge 245
Growth Management and the City 249
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles 250
Urban Growth Boundaries 255
Note, The Smart Growth Revolution: Loudoun County, Virginia and Lessons To Learn 255
Korea's Greenbelts: Impacts of Options for Change 257
Testing the Partnership Model of Growth Management 264
Transit Villages: Integration of Land Use Planning with Transportation Planning 270
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas 271
Smart Growth: The Politics, and Potential Pitfalls of Emerging Growth Management Strategies 274
Growing Smart by Linking Transportation and Urban Development 279
Growth for the Twenty-first Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States 284
Comment, Taking It to the Streets: Western European and American Sustainable Transportation Policy and the Prospects for Community Level Change 286
Landbanking 291
The Reform of Planning Law: A Study of the Legal, Political and Administrative Reform of the British Land-use Planning System 291
Ch. 11 Securing a Sufficient Supply of Housing 299
Financing Affordable Housing 299
One Nation's Dream, Another's Reality: Housing Justice in Sweden 301
Infrastructure Services and Financing in Chinese Cities 309
Comment: A Perspective on Housing Privatization in Eastern Europe 311
Project Site Selection and Design 313
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California 318
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles 322
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas 325
Growth for the Twenty-First Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States 326
New Urbanism 328
Growth Management and New Urbanism: Legal Implications 329
Jane Jacob's Critique of Zoning: From Euclid to Portland and Beyond 332
Cohousing 335
Single-Parent Latinas on the Margin: Seeking a Room with a View, Meals, and Built-In Community 335
Community by Covenant, Process, and Design: Cohousing and the Contemporary Common Interest Community 337
Note, The Laws of Community: The Normative Implications of Crime, Common Interest Developments, and "Celebration" 343
Squatters 345
Comment, Squatters' Rights and Adverse Possession: A Search for Equitable Application of Property Laws 345
Ch. 12 Housing and Land Use Discrimination 357
Growth Management and the City 361
Note, Choosing the Chosen: The Validity of Racial Restrictions on the Alienation of Property in Israel and the United States 363
City of Cleburne v. Cleburne Living Center, Inc 368
Regulation of Occupancy 372
Village of Belle Terre v. Boraas 372
Affirmative Action 374
United States v. Starrett City Associates 374
Recent Development, Public Housing in Singapore: The Use of Ends-Based Reasoning in the Quest for a Workable System 381
Ch. 13 Environmental Protection and Land Use Planning 383
Sustainability 383
Sustainable Development as a Framework for National Governance 387
Environmental Racism 397
South Camden Citizens in Action v. New Jersey Department of Environmental Protection 398
Beyond Eco-Imperialism: An Environmental Justice Critique of Free Trade 404
Ch. 14 Redevelopment 409
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas 413
Managing Urban Land in China: The Emerging Legal Framework and its Role in Development 417
Growth for the Twenty-First Century - Tales from Bavaria and the Vienna Woods: Comparative Images of Planning in Munich, Salzburg, Vienna, and the United States 424
Mallification 432
Social Sustainability: Planning for Growth in Distressed Places - the German Experience in Berlin, Wittenberg, and the Ruhr 432
Urban Redevelopment 435
When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and California 435
Clinton's Empowerment Zones: Hope for the Cities or a Failing Enterprise? 446
Empowerment Zones, Enterprise Communities, Black Business, and Unemployment 449
Revitalization of Economically Distressed Areas 452
A Comparative Vision of the Convergence of Ecology, Empowerment, and the Quest for a Just Society 452
Growth Management and the City 455
More Revitalization of Economically Distressed Areas 456
Social Sustainability: Planning for Growth in Distressed Places - the German Experience in Berlin, Wittenberg, and the Ruhr 456
Ch. 15 Planning for Beauty and the Protection of Aesthetic Values 467
Aesthetics and the City 467
The Concept and Civilization of an Eco-society: Dilemmas, Innovations, and Urban Dramas 470
A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin, and Los Angeles 472
Architectural Review 474
State ex rel. Stoyanoff v. Berkeley 475
Historic Preservation 478
Note, Rescuing Prague's Past: A Survey of Legislative Attempts at Architectural and Historical Preservation in Prague, Czech Republic 480
"The Best Laid Schemes ...": Land-Use Planning and Historic Preservation in Cambodia 483
Carpinteria Municipal Code, Chapter 12.20 Historical Landmarks 485
Note, From Monuments to Urban Renewal: How Different Philosophies of Historic Preservation Impact the Poor 488
Public Art 494
Ehrlich v. City of Culver City 494
Inserting the Last Remaining Pieces into the Takings Puzzle 495
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 Administration 502
Law for Art's Sake in the Public Realm 504
Nicole B. Wilkes Public Responsibilities of Private Owners of Cultural Property: Toward A National Art Preservation Statute 510
Final Note 515
Index 517
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