Wednesday, June 25, 2008
One of the dilemmas of infill –- allowing new construction in an already developed area –- is that it often upsets the expectations of landowners and residents concerning the land use and density of the community. Whether it is allowing stores in an area that has been exclusively residential, or allowing larger houses in a neighborhood of one-story ranch houses, infill often faces strong local opposition, or at least local skepticism. And political scientists tell us that legal efforts often fail if they offer, on one hand, broad but thin public benefits (as some infill does, by counteracting sprawl) and, on the other hand, narrow but concentrated costs upon citizens (such as those owners whose expectations may be upset) who fill tooth and nail against the plan.
Infill may seem especially jarring in the cities in the nation’s interior, where sprawl has seemed especially natural, considering the open spaces and relatively low land prices. I still remember my surprise when, as young lawyer on one of my first cases, I visited Casper, Wyoming, and saw the pattern of central city neglect and suburban sprawl replicated even in a small city on a Western plain. Today, even such interior cities are tackling the issue of infill, both because of market pressure for more central development and policies encouraging it.
Tulsa, Oklahoma, is currently undergoing such a debate. In the face of a variety of infill plans, the city has proposed authorizing some “neighborhood conservation districts,” which would give some power to neighborhoods to regulate their land use. Some see this as a means of controlling unwanted infill; others see it as an odious regulation of private property. Whither infill in Tulsa? Not surprisingly, the Tulsa Metropolitan Area Planning Commission stated last week that it is in no rush to change its policies with regard to infill. Stay tuned …
[Comments must be approved and thus take some time to appear online.]
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs
- Two upcoming RMMLF events: 61st Annual Institute (July 16-18 in Anchorage) and 17th Institute for Natural Resources Law Teachers (May 27-29 at Utah Law)
- First Principles for Regulating the Sharing Economy