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Full-Text Articles in Urban Studies and Planning

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …


Agriculture Futures: Potential Rural Land Uses On The Palusplain, Rodney Safstrom, Nicolyn Short Dr Feb 2012

Agriculture Futures: Potential Rural Land Uses On The Palusplain, Rodney Safstrom, Nicolyn Short Dr

Resource management technical reports

The purpose of this project was to identify agricultural land use options and opportunities within the Serpentine–Jarrahdale and Murray Shires, with particular focus on the Palusplain wetland section. The report will contribute to the Department of Planning’s natural resource management plan for the region and guide development of regional and local planning strategies. Historically, the Palusplain was a slowly moving, interconnected, seasonal wetland system with areas of higher ground. Extensive clearing and drainage occurred in the late 1800s through to the mid-1900s to facilitate agriculture; however, agriculture has been found to be a major contributor of nutrients to the system. …


Book Review: Edward L. Glaeser, Triumph Of The City: How Our Greatest Invention Makes Us Richer, Smarter, Greener, Healthier, And Happier (The Penguin Press 2011), David J. Reiss Jan 2012

Book Review: Edward L. Glaeser, Triumph Of The City: How Our Greatest Invention Makes Us Richer, Smarter, Greener, Healthier, And Happier (The Penguin Press 2011), David J. Reiss

David J Reiss

It is always a bit unnerving to read someone else’s love letters, but even more so, when you have the same object of desire. Edward Glaeser’s TRIUMPH OF THE CITY is a love letter to cities and to New York City in particular. Glaeser provides a theoertical framework of the city, arguing that “Cities are the absence of physical space between people and companies. They are proximity, density, closeness.”

Glaeser prescribes three simple rules to protect the vitality of the urban environment: First, cities should replace the current lengthy and uncertain permitting process with a simple system of fees. Second, …


South Burlington Vt: New Urbanist South Village, Jack Kartez, Richard Barringer Jun 2009

South Burlington Vt: New Urbanist South Village, Jack Kartez, Richard Barringer

Planning

The 220 acre master plan for South Village, the largest project in the City of South Burlington’s history, encompasses multiple housing types and innovative provisions for affordable housing. It integrates housing with open space and natural resource conservation, including a major Community Supported Agriculture project developed by a nonprofit partner, the Intervale Foundation. While not a mixed-use project (that is, commercial as well as residential development), South Village nonetheless represents a qualitative change in approach for South Burlington by incorporating large-scale open space preservation as part of development and multiple housing-types in one project. The case study recounts events leading …


South Burlington, Vt: Mixed-Use Comes To O’Dell Parkway, Ryan Neale, Brett Richardson, Richard Barringer Jun 2009

South Burlington, Vt: Mixed-Use Comes To O’Dell Parkway, Ryan Neale, Brett Richardson, Richard Barringer

Planning

The proposed redevelopment of an underutilized property along major travel routes in South Burlington presents possibilities for infill development. The City of South Burlington, the developer, neighbors, and a variety of public and nonprofit financial partners work together to create a mixed-use residential/commercial development to meet a variety of housing and community needs. The case study describes the obstacles overcome to make redevelopment possible through zoning and regulatory changes, negotiation with local residents over traffic and other concerns, support from state and local housing advocates, and political leadership; as well as the development’s application of smart growth principles.


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …


Portland Me: Affordable Housing V. Open Space, Patrick Wright, Brett Richardson, Richard Barringer May 2008

Portland Me: Affordable Housing V. Open Space, Patrick Wright, Brett Richardson, Richard Barringer

Planning

Amid an acknowledged “affordable housing crisis”, a first-time developer approaches the City to release part of a tax-acquired property, promising a smart-growth development that would provide sorely needed starter homes for working families. The case highlights the complications of balancing competing interests in Portland ME. It shows where rational planning fails in the presence of strong neighborhood opposition, a disjointed city staff structure, and the absence of political will among City Councilors. It highlights the need for champions within local government when a project evokes competing interests. It demonstrates the extent to which “words matter” to policy outcomes, and who …


Mansfield Ct: Planning A New Village Center, Maggie Jones, Richard Barringer Aug 2006

Mansfield Ct: Planning A New Village Center, Maggie Jones, Richard Barringer

Planning

The case follows the development of a plan for a new village center in Storrs, the central village of Mansfield, Connecticut. A process that was transparent and inclusive of the community members yielded a plan that gained the approval of the Town, the landowner (the University of Connecticut), and the citizenry. The process relied on the mending of fences, the leadership of key participants, and an innovative strategy that included development of a nonprofit corporation and creative use of grant money. While zoning changes are still in the works, the first stage of building goes forward.


The Psychology Of Residential Developers: Lessons From Behavioral Economics And Additional Explanations For Satisficing, Rayman Mohamed Jan 2006

The Psychology Of Residential Developers: Lessons From Behavioral Economics And Additional Explanations For Satisficing, Rayman Mohamed

Rayman Mohamed

Researchers have repeatedly observed satisficing by residential developers. The phenomenon has been attributed to their bounded rationality. In response, policy makers have designed policies that reduce risks to assist developers in overcoming bounds on their rationality. However, after decades of such policies, there is little evidence that developers have stopped satisficing. This article argues that bounded rationality is an insufficient explanation for satisficing by small developers. Lessons from behavioral economics suggest additional reasons for satisficing by developers. Satisficing is common because developers bracket projects one at a time, bracket each investment decision in isolation of others, create nonfungible investment accounts, …


All Party Oireachtas Committee On The Constitution Ninth Progress Report, Tom Dunne Jan 2004

All Party Oireachtas Committee On The Constitution Ninth Progress Report, Tom Dunne

Reports

Ireland, like many other countries with high rates of economic growth, is urbanising rapidly. There has been considerable emphasis on planning for this through the National Development Plan, the National Spatial Strategy, development guidelines and other measures. Through these the state intends that a proper planning process will lead growth rather than leaving it to market forces to drive development in what are regarded as undesirable directions. The latter it is feared will lead to unsuitable social, economic or physical outcomes. Unintended results have flowed from the implementation, or flawed implementation of many of these policies and have given rise …