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State and Local Government Law

2000

Elisabeth Haub School of Law Faculty Publications

Articles 1 - 2 of 2

Full-Text Articles in Law

Smart Growth: Localism: A Theoretical Analysis, John R. Nolon Apr 2000

Smart Growth: Localism: A Theoretical Analysis, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article explores the concept of smart growth, which promotes development in central city districts in an effort to reduce urban sprawl. Specifically, this feature discusses how smart growth is accomplished at all levels of the government, and contrasts top-down versus bottom-up land use control. In the past, local land use initiatives have been mostly unsuccessful at solving larger regional problems. Fears exist among scholars and politicians that federal or state land use legislation will fail to meet the specific individual needs of local governments. However, through the use of state created incentives and other programs, communities in New York …


Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon Feb 2000

Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Bounded growth, a concept that encourages focused development into compact areas such as preexisting town centers, or areas rich in public transportation, is a necessary concept within the smart growth paradigm. Bounding human growth patterns facilitates the creation of sustainable, eco-friendly land usage. In New York, where the state legislature gives local governments broad authority to perform land use functions, such as bounded growth, municipalities have the option of utilizing controlled growth by amending their comprehensive plans. This article discusses bounded growth and several other underutilized tools municipalities have at their disposal to help promote smart growth by directing development …