Friday, September 16, 2011

Brooke Shields as Susette Kelo

Coming to the small screen. From the Hartford Courant: Brooke Shields To Star In Movie Based On New London Eminent Domain Case; Author Jeff Benedict Announces Deal On His Blog

"Little Pink House: A True Story of Defiance and Courage," a book written in 2009 by Jeff Benedict about the Fort Trumbull eminent domain decision in New London, is being made into a Lifetime TV movie starring Brooke Shields as the decision's most prominent opponent, Susette Kelo, according to an announcement made Friday on the author's blog, http://www.jeffbenedict.com.

Rick Woolf, Benedict's editor at Grand Central Publishing, confirmed the report. "We're thrilled that this is going to be a movie on Lifetime," Woolf said. "Susette is a folk hero and Jeff has done a tremendous job telling the story."

Wonder if they'll get John Cougar Mellencamp's permission to use "Pink Houses" for the soundtrack. Thanks to Jason Kercheval for the pointer.

Matt Festa

September 16, 2011 in Caselaw, Constitutional Law, Economic Development, Eminent Domain, Humorous, Property Rights, Redevelopment, Supreme Court, Takings | Permalink | Comments (1) | TrackBack (0)

Thursday, September 15, 2011

Why planning is overrated

It is conventional wisdom in some circles that “comprehensive planning” and sprawl are polar opposites- that planning is the enemy of sprawl.

But in fact, a comprehensive plan is almost as likely as a zoning code to be pro-sprawl. Many of the land use policies that make suburbs automobile-dependent: wide roads, long blocks, low density, single-use zoning, etc. can just as easily be found in a comprehensive plan.

For example, Alpharetta, Georgia is an outer suburb of Atlanta. Its plan’s future land use map , like the city's zoning code, lists a variety of single use zones. Most of these zones are quite low in density; the highest density, for apartments, is only 10 units per acre, barely enough to support minimal bus service. At these densities, not too many people live within walking distance of public transit, so there is not enough demand to support buses running more often than every half an hour or so, let alone rail service.

The plan also provides for numerous zones that are clearly incapable of supporting public transit, such as a “residential estate” area of 3-acre lots and a “very low density” area of half-acre lots. The plan provides that only 4% of the city’s land is to be used for apartments, as opposed to 54% for low-density residential.

Moreover, the land use map reveals that what passes for compact development in Alpharetta is not intermingled with the city’s offices; instead, high-density residential is a buffer zone between the city’s large stock of offices (near the Georgia 400 highway) and the city’s even larger stock of single-family homes. As a result, most of Alpharetta’s renters will not be able to walk to work even if they work in Alpharetta.

The transportation elements of suburban land use plans may also support car-oriented sprawl. For example, Jacksonville, Fla.'s comprehensive plan calls for 150-foot rights of way on major streets, thus effectively mandating streets with eight or ten lanes. Such streets are a bit too wide for most sane pedestrians.

In sum, comprehensive plans will typically reincorporate the status quo. So if a municipality's zoning code favors sprawling, low-density development, so will the comprehensive plan.

P.S. A more comprehensive discussion of these plans and their deficiencies is in a more extensive blog post at www.planetizen.com.

Michael Lewyn

September 15, 2011 in Comprehensive Plans, Local Government, Smart Growth, Sprawl, Transportation | Permalink | Comments (1) | TrackBack (0)

Juergensmeyer & Nicholas on Growth Management in the Recession

Julian Conrad Juergensmeyer (Georgia State) and James C. Nicholas (Florida) have posted Loving Growth Management in the Time of Recession, published in The Urban Lawyer, vol. 42 (2011). The abstract:

The current deep and long lasting recession has challenged the value of local government growth management programs – especially those which rely heavily on developer funded infrastructure finance programs such as impact fees. An examination of the characteristics of the current recession reveal that its severity is due in large part to excessive exuberance in housing development in the years preceding the burst of the housing bubble. Many local governments intensified the consequences of over-building by adopting ambitious infrastructure programs funded by impact and other fees charged to developers upon the issuance of building permits or other development approval actions. With residential building permit issuance at near zero in many formerly double-digit growth areas, local governments can no longer pay for nor do they need much of the planned or already constructed infrastructure. The authors advocate greater restraint by local governments in accepting growth projections and issuing bonds to be repaid through impact fee collection. Most importantly, the authors suggest as a pre-condition of development approval requiring developers to submit market studies establishing probable market demand for the proposed development.

Matt Festa

September 15, 2011 in Development, Housing, Impact Fees, Local Government, Mortgage Crisis, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 14, 2011

Salkin & Lavine on Regional Foodsheds

Patricia E. Salkin (Albany) and Amy Lavine (Albany) have posted Regional Foodsheds: Are Our Local Zoning and Land Use Regulations Healthy?, Fordham Environmental Law Journal, Vol. XXII (2011). The abstract:

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely to start with state and local governments, which can take proactive measures to strengthen their regional foodsheds through a variety of land use planning and regulatory actions. This Article focuses on how existing land use plans and regulations can promote healthier and more sustainable communities through the foodshed movement. In particular, this Article discusses specific land use strategies that can be implemented in urban and suburban settings to facilitate local and regional food production and distribution that go beyond farmland preservation strategies and examine, among other things, smaller-scale community gardens, residential agricultural uses and farmers markets.

Matt Festa

September 14, 2011 in Agriculture, Comprehensive Plans, Environmentalism, Food, Local Government, Scholarship, Suburbs, Sustainability, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)

Von Hoffman on Housing Rights and Inequality in Post-War America

Alexander Von Hoffman (Harvard-Joint Center for Housing Studies) has posted Housing Rights and Inequality in Post-War America, a paper he presented at the 2011 Annual Meeting of the American Political Science Association (APSA).  His brief abstract reads:  In the United States the extension of social rights, as expressed in the Universal Declaration of Human Rights adopted by the United Nations in 1948, has been contested and uneven. The politics that have shaped the American welfare state has provided some population groups greater access to these rights than others. By examining the extension of government housing subsidies during the middle decades of the twentieth century era, this paper reveals the dynamics that created social rights for some groups of citizens but not for others.

Jim K.

J.Kelly@nd.edu

September 14, 2011 in Affordable Housing, Inclusionary Zoning, Race | Permalink | Comments (0) | TrackBack (0)

Tuesday, September 13, 2011

Hoffman on Municipalities Banning Wind Power

Student Author Nicholas Hoffman of the University of Missouri-Kansas City has published COMMENT: A DON QUIXOTE TALE OF MODERN RENEWABLE ENERGY: COUNTIES AND MUNICIPALITIES FIGHT TO BAN COMMERCIAL WIND POWER ACROSS THE UNITED STATES

From the introduction:

This comment explores the legal nature of claims brought by landowners against zoning ordinances or other entities attempting to limit the use of private wind rights. Part II provides a discussion of the legal issues surrounding commercial wind energy and formulating wind as a property right connected to a fee simple interest in one's land. Part III discusses and explores recent cases furthering, stretching, and defining the legal issues. Finally, Part IV looks to the future implications and the horizon for wind energy in terms of its impacts on the surrounding world and how those impacts might shape the legal policies governing and defining wind rights. If wind energy is going to continue to grow, the interplay of incentive programs, tax credits, local government and community support, technological feasibility, and general unity in the law will need to interact on similar bases. 

I find this article particulary interesting because the UGA Land Use Clinic recently worked with the Georgia Wind Working Group and the Southern Alliance for Clean Energy to create a guidebook and model wind ordinance for local governments wishing to faciliate, rather than ban, small scale wind facilities.  Perhaps it's a matter of scope and scale - large scale wind facilities aren't particularly feasible in Georgia, and so we haven't had as much controversy over wind as other states.

Jamie Baker Roskie

September 13, 2011 in Clean Energy, Georgia, Local Government, Scholarship, Wind Energy | Permalink | Comments (0) | TrackBack (0)

"Bundle of Rights" symposium on Econ Journal Watch

Econ Journal Watch has published an online symposium featuring a number of short pieces by leading scholars debating the "bundle of rights" characterization of property, which has been critiqued over the past few years.  Titled Property: A Bundle of Rights, 8 Econ Journal Watch 193 (2011), the symposium was organized by George Mason economist Daniel B. Klein and PhD student John Robinson.  The abstract to their Prologue:

This piece is the Prologue to an Econ Journal Watch symposium entitled, Property: A Bundle of Rights? This Prologue was written to prompt the invited scholars to expound their own criticisms of the bundle-of-rights view, or, as the case may be, to address criticisms out there. The Prologue is written from a staunch yet pragmatic classical liberal perspective. It frames a number of issues, provides a series of quotations, and asks a number of questions intended to prompt the symposium participants. The symposium participants include leading critics of the bundle formulation James E. Penner, Thomas W. Merrill, and Henry E. Smith; younger critics Larissa Katz, Eric R. Claeys, and Adam Mossoff; eminent defenders of the bundle formulation Stephen R. Munzer and Richard A. Epstein; and the renowned property scholar Robert C. Ellickson, who takes a middle position.

The articles are all posted online and should make fascinating reading for all teachers of the subject and anyone interested in property theory.

Matt Festa

September 13, 2011 in Property, Property Rights, Property Theory, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, September 12, 2011

spot zoning

Land use cases often suggest that “spot zoning” is bad.  What is “spot zoning”?  One New York Court defines it as as the process of singling out "a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of said property to the detriment of other owners”.  Citizens for Responsible Zoning v. Common Council, 868 NYS 2d 800, 802 (3d Dept. 2008).   To determine whether this test is met, courts “may consider several factors, including whether the rezoning is consistent with a comprehensive land use plan, whether it is compatible with surrounding uses, the likelihood of harm to surrounding properties, the availability and suitability of other parcels, and the recommendations of professional planning staff.” Id. 

I’ve never understood the point of the label "spot zoning".  If a rezoning is to the detriment of surrounding owners (and to the detriment of the public generally) it is problematic whether it is different from the surrounding area or not.  So the “spot zoning” label adds nothing to an overall public interest inquiry.

Furthermore, compatibility with surrounding land uses is not necessarily a good thing.  Much of suburban America is dominated by houses with nothing to walk to except more houses.  As a result, people have to drive miles to get groceries or fulfill any other useful function, thus making our air dirtier and our bodies less fit.    One way to alleviate this difficulty is to allow landowners to put stores and shops somewhere in this great mass of housing- in short, to allow spot rezoning.  So maybe there should be a presumption in favor of spot zoning.

Michael Lewyn

September 12, 2011 in Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)

Georgia Governor Fires State Climatologist

The latest controversy here at the University of Georgia is the governor's firing of state climatologist, and UGA faculty member, David Stooksbury.  The firing was sudden - so sudden, in fact, that Stooksbury's faculty profile still lists him as the state climatologist.  The firing was also mysterious - the governor's office gave Stooksbury, and the public, no notice, and the governor's spokesperson will give almost no reasoning behind the decision. Georgia is facing a record drought - again - and folks here on campus are worried about what this means about our leaders' priorities in the face of our climate challenges.  For more on this, read political expert and commentator Tom Crawford's post on his Georgia Report blog.

Jamie Baker Roskie

September 12, 2011 | Permalink | Comments (0) | TrackBack (0)

Mindfulness CLE in Athens October 13th

I occasionally post blatently non-land use related posts, and here I go again... I am delighted to announce that I will be co-facilitating a half day CLE on mindfulness and lawyering here in Athens on October 13th.  Here's a description created by my co-facilitator, mindfulness teacher Mike Healy:

Explore and understand how stress affects the body and mind. Learn mindfulness practices that can reduce your stress and enhance professional effectiveness – practical tools that will enrich your practice of law.

Ancient wisdom and modern medicine are blended in this workshop, creating one of the most effective programs available today for enhancing competence in the practice of law and enabling healthy living. Learn how mindfulness can:

    Increase professional competence through better management of stress
    Identify unique aspects of law practice that can trigger stress
    Assist in dealing with professional responsibilities and ethics

I believe strongly that mindfulness can make us better lawyers (or teachers) and so in that tangential way it's related to land use prof'ing (and lawyering).

If you're interested in learning more, or in registering, visit Mike's web page here.

And if you're not in Athens but you're interested in this type of training, visit the website of the Center for Contemplative Mind in Society's law program.

Jamie Baker Roskie

 

September 12, 2011 in Conferences | Permalink | Comments (0) | TrackBack (0)

Sunday, September 11, 2011

9/11 and land use at Ground Zero

Today America commemorates 9/11 on its tenth anniversary.

While the tragedy and heroics of that day appropriately take precedence, 9/11 has created long-running and controversial land use issues since 2001. From the logistics of managing the rescue operations and the excavation, to last year's "ground zero mosque" kerfuffle, issues from the local to the international have played out in discussions over land use at the WTC site in lower Manhattan.

Two of the most controversial land use questions, especially as the years passed, have been (1) how should 9/11 be remembered at the site, and (2) what and how to build/rebuild to replace the twin towers.

On the first question, public memory and historic presentation, you may have seen the news that the 9/11 Memorial opens with a dedication ceremony today. The project seems to be a classic American example of public-private cooperation:

The National September 11 Memorial & Museum at the World Trade Center Foundation, Inc. began formal operations in the spring of 2005 and worked with the Lower Manhattan Development Corporation on the design and construction management plan. In the summer of 2006, the organization assumed responsibility for overseeing the design and working with The Port Authority of New York and New Jersey (PANYNJ), the construction manager on the project. . . . In the beginning of October 2006, the Honorable Michael R. Bloomberg, Mayor of the City of New York, became Chair of the Foundation’s Board of Directors. Following the election of the Mayor as Chairman, the Foundation named Joseph C. Daniels as President.

At the website, there are links to a lot of of great photos and interactive views of the site and the Memorial.

The second enduring issue--whether and what to rebuild on the site--has generated a lot of criticism as a decade has passed without any replacement for the towers. This issue has been a perfect storm of land use issues: real estate, economics, regulation, federalism, urbanism, architecture, planning, transportation, culture, history, and of course, politics, politics, politics. For what it's worth, my impression has been that on the one hand, it's too simplistic to just say we should have built a ginormous tower immediately to stick it to the terrorists--yes, NY got the Empire State Building up in about 15 months during the Great Depression, but that's not realistic in lower Manhattan today. On the other hand, I think that the decade-long wait for putting some of the world's most valuable real estate to use says something important about the effect of the burdens that we have placed on property in the modern regulatory environment. Many of the procedural and political issues and delays might have been for justifiable ends, but really, a decade?

Things are finally moving along, though. From the Wall Street Journal's Developments real estate blog comes the helpful post Six Questions on Rebuilding the World Trade Center. The signature tower is in progress:

What’s the status of the office buildings? Some are further along than others. One World Trade Center, the site’s signature office building, is going up about a floor per week and is currently around 80 stories out of a total 104, and it’s already the tallest structure in Lower Manhattan.

On the delays:

What’s taken so long? Conflict has been a big theme of the rebuilding. There have been battles with insurers, wars between agencies, and repeated fights between the public sector and private developer Larry Silverstein over how to rebuild and fund his office towers. Those fights have often led to stalemates. Add onto that the fact that the site is extraordinarily complex — it’s often likened to a Rubik’s cube, but it’s sometimes more like a messy ball of rubber bands. The mechanics of the site are all intertwined — exits and emergency systems for the PATH station are in the neighboring towers, and deliveries to One World Trade Center need to run underneath 2, 3, and 4 World Trade Center. This means everything underground had to be built more or less at once, with precision. There is a laundry list of public agencies involved, and historically they hadn’t been great at communicating with each other.

The WSJ also has a great interactive graphic Exploring Ground Zero, Ten Years Later.

9/11 deserves our remembrance today, our continuing thanks for those serving in harm's way, and--secondarily--our commitment to good land use at this very important place for commerce, human activity, and public memory.

Matt Festa

September 11, 2011 in Architecture, Development, Downtown, Federal Government, History, Local Government, New York, Planning, Politics, Property, Real Estate Transactions, Redevelopment, Urbanism | Permalink | Comments (0) | TrackBack (0)