Friday, January 4, 2013

Land Use in "Promised Land"

Living in Pennsylvania (as I now do) I feel compelled to see the new Matt Damon movie "Promised Land," which opened in local theaters yesterday.  The movie is about fracking, and the trailers look very intriguing.  (I saw the trailer while seeing Tom Cruise's new movie "Jack Reacher" which, while most notable for multiple visceral fight sceens and car chases, also has a land use angle - SPOILER ALERT the villians are developers trying to get an advantage in a development project in downtown Pittsburgh.)

Today I was searching for a review of Promised Land and I stumbled across this article on NPR.org, which had an interesting critique of a scene where local citizens vote on whether fracking would happen in their town.

The film remains in the realm of fiction as the town debates an upcoming vote on whether drilling and fracking should be allowed. In the real world, there's almost never a vote.

"In Pennsylvania, where this film was made, municipalities have very little authority over what happens," says Kate Sinding, senior attorney and deputy director of the Natural Resources Defense Council. "They certainly don't get an up-and-down vote."

Still, I think this movie is a "don't miss" for land use afficianados, and I plan to see it soon.

Jamie Baker Roskie

January 4, 2013 in Clean Energy, Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, Local Government, Oil & Gas | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 2, 2013

Sale of Frank Lloyd Wright House Assures Preservation

Here's a story out of Arizona, where apparently a historic Frank Lloyd Wright house was under dispute.   From the New York Times story by Fernanda Santos and Michael Kimmelman:

The conservancy and other organizations petitioned the city in June to consider giving the house landmark status, after they learned of the former owners’ plans to split the lot to build the new homes. Three local government bodies approved the landmark designation, but the Council, which has the final say, postponed its vote twice, in part to give the parties more time to strike some type of compromise. There was also uncertainty over how some of its members would vote, given the homeowners’ lack of consent for the landmark process.

“If ever there was a case to balance private property rights versus the public good, to save something historically important to the cultural legacy of the city, this was it,” Larry Woodin, the president of the conservancy, said in an interview. 

Seems like a good result here, while communities across the nation continue to struggle with how to strike that balance.

Matt Festa

January 2, 2013 in Aesthetic Regulation, Architecture, Historic Preservation, History, Homeowners Associations, Housing, Local Government, Planning, Property Rights | Permalink | Comments (0) | TrackBack (0)

Tuesday, January 1, 2013

Tyson on Localism, Annexation, and New Regionalism

Christopher J. Tyson (LSU) has posted Localism and Involuntary Annexation: Reconsidering
Approaches to New Regionalism
, published in the Tulane Law Review, Vol. 87 (2012).  The abstract:

"Involuntary" annexation - the ability of cities to expand their territory unilaterally by extending their boundaries - is one of the most controversial devices in land use law. It is under attack in virtually every state where it exists. Involuntary annexation is a direct threat to "localism," the belief in small,
autonomous units of government as the optimum forum for expressing democratic freedom, fostering community, and organizing local government. Localism has been justifiably faulted with spurring metropolitan fragmentation and the attendant challenges it creates for regional governance. This critique is at the center of "New Regionalism," a movement of scholars and policy makers focused on promoting regional governance structures that respect the cultural draw of localism while correcting for its deficiencies. New Regionalism emphasizes bottom-up, voluntary governance structures and dismisses approaches like involuntary annexation as politically infeasible. Both types of approaches face considerable political challenges, but there are arguably more examples of well-functioning involuntary annexation regimes than there are successful models of New Regionalism. While involuntary annexation has been critical to the success of metropolitan regions in Texas and North Carolina, many regard it as a violation of the liberty and freedom that comes with property rights. Property rights are rooted in instinctive and culturally reinforced notions of personal identity and the inviolability of ownership. Localism extends this logic to municipal identity. The hostility toward involuntary annexation, therefore, can be understood as a response to the taking of a person's perceived right to express individual identity, group identity, status, and ownership through municipal identity. This notion of municipal identity as property threatens to undermine both existing involuntary annexation regimes as well as future New Regionalist proposals. While New Regionalism has well-reasoned justifications for focusing on more-voluntary, bottom-up governance structures, involuntary annexation remains a potent tool for facilitating regional governance and is worthy of defense and preservation.

Matt Festa

January 1, 2013 in Local Government, Planning, Politics, Property Rights, Scholarship | Permalink | Comments (0) | TrackBack (0)

Craig on Treating Offshore Submerged Lands as Public Lands

Robin Kundis Craig (Utah) has posted Treating Offshore Submerged Lands as Public Lands: An Historical Perspective, forthcoming in Public Land & Resources Review (2013).  The abstract:

When President Harry Truman proclaimed federal control over the United States’s continental shelf in 1945, he did so primarily to secure the energy resources — oil and gas — embedded in those submerged lands. Nevertheless, the mineral wealth of the continental shelf spurred two critical legal battles over their control and disposition: First, whether the federal government had any interest in the first three miles of continental shelf; and second, if so, whether the federal government had authority to regulate the continental shelf under traditional federal public land laws, such as the Minerals Leasing Act. Congress’s reactions to federal courts’ resolutions of these questions, embodied in 1953 in the Submerged Lands Act and the Outer Continental Shelf Lands Act, continue to provide the foundations for state and federal management of the nation’s continental shelf and its energy resources.

Nevertheless, the Outer Continental Shelf’s status as federal public lands remains ambiguous. This
Article takes an historical approach to assessing that issue, reviewing the traditional definition of federal “public lands” and the historical context of the public lands issues that arose for the Outer Continental Shelf. It concludes that the Outer Continental Shelf, from a natural resources perspective, qualifies as the newest of the federal public lands, but it also acknowledges that — unlike for many other public lands — federal statutes repeatedly and consistently exclude the states from gaining ownership of those submerged lands.

Matt Festa

January 1, 2013 in Environmental Law, Federal Government, History, Oil & Gas, Property, Scholarship, Water | Permalink | Comments (0) | TrackBack (0)

Private Fitness on Public Property in Santa Monica

Happy New Year, Land Users!  Since today is a day that a lot of folks begin their New Year's resolutions, this story about land use conflicts over fitness classes in public parks might be appropriate.  From the Daily Mail, Santa Monica residents complain about sea of fitness fanatics clogging up their parks.  The gist is that in Santa Monica, California, the trend towards conducting fitness classes in the public spaces near the beach has become so pronounced that other residents are asking for local government action.

In recent years, fitness classes have become as ubiquitous in Santa Monica's signature Palisades Park as dog walkers and senior citizens playing shuffleboard.

'It's starting to look like a 24-Hour Fitness gym out there,' complained Johnny Gray, an assistant track coach at UCLA and former Olympic runner who says he's often forced to navigate around weight machines, barbells and other exercise impediments as he runs

Karen Ginsberg, the city's director of community and cultural services, said other park users are complaining about fitness enthusiasts not only blocking pedestrian walkways but also making too much noise, killing the park's grass with their weights and damaging its trees and benches with all the exercise gadgets they connect to them. . . .

Naturally, one proposal is to clamp down with traditional land use regulatory tools.

So now the City Council is considering requiring that fitness trainers who conduct workouts in Santa Monica's parks and on its beaches pay an annual $100 fee and turn over 15 percent of their gross revenues to the city.

An interesting controversy that in one sense shouldn't be that surprising, but on the other it represents a clash of traditional and new imperatives--both in terms of personal preferences and in public policy: part of the whole argument for more public spaces, parks, etc., is to promote physical fitness and health, but in Santa Monica it seems as though the critical mass of space is one of the very things that made possible the explosion in use that is now controversial.  But of course "too much use" is one of the good kinds of problems to have. 

Matt Festa

January 1, 2013 | Permalink | Comments (0) | TrackBack (0)