Wednesday, September 21, 2011
Michelle Wilde Anderson (Berkeley) has posted Dissolving Cities, forthcoming in the Yale Law Journal, 2012. The abstract:
During the twentieth century, 3,000 new cities took shape across America. Stucco subdivisions sprawled and law followed, enabling suburbs to adopt independent governments. That story is familiar. But meanwhile, something else was also happening. A smaller but sizable number of cities were dying, closing down their municipal governments and returning to dependence on counties. Some were ghost towns, emptied of population. In those places, jobs were lost and families struggled; crops died off and industries moved on. A larger group of dead cities were humming with civic life: places with people but no longer with a separate government. In these cities, citizens from the political left and right, often in coalition, rose up to eliminate their local governments.
As an end in itself, understanding these changes would be worthwhile. But this past has not passed. An unprecedented groundswell of cities and citizens are currently considering disincorporation in response to economic crisis, tax pressure, and population loss. The dissolution law they are turning to, as it is written in state codes and as it is understood in theory, is immature and thin. Cities’ experiences with dissolution are unknown, constraining our ability to judge the values it serves or undermines. If dissolution is to grow in importance as part of the legal machinery of urban decline - as cities themselves are asking it to become - we must understand what it meant in the decades that passed before.
Dissolving Cities tells the story of municipal dissolution. It is an article of law, theory, and urban history - a reminder that urban growth and local government fragmentation, which have long dominated academic discourse on cities, may not be the upward ratchet we have assumed them to be. Cities can die (legally at least), and when they do, they raise critical questions about decline, governance, taxes, race, and community.
This is a critically important topic for the future of land use in American communities, and Prof. Anderson's article looks like a must-read piece.
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.
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- 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?
- What to make of the fierce new debate over the efficacy of California's energy codes?
- The W&L Top 100 Law Review Rankings and the Land Use Law Scholar
- CFP: 2015 Future of Places Conference (lead-in to Habitat III) in Stockholm: Deadline of April 15
- Water Down Under: A Report from Australia by Barbara Cosens: Post 7: Conjunctive Management Down Under
- Interior unveils final rule governing fracking regulations on public lands