Wednesday, November 30, 2011
So, today I waded into the local controversy about the possibility of a Wal-Mart in downtown Athens with an editorial in the local weekly. [Note - this article is no longer available on the original site, so this link is to a re-posted version.] Specifically, I responded to media reports that the county attorney has said the developers have vested rights to develop the property based on the amount of money they claim to have spent on site preparation. Now, Georgia has a pretty generous vested rights doctrine, but it's not that generous. As in most states, you still have to have some kind of official assurance for rights to vest. Apparently now the county attorney doesn't want to talk about it, but other folks on both sides of the issue certainly have been.
This type of controversy is not unique to Athens, apparently. A casual perusal of media reports turns up vested rights controversies over proposed Wal-Marts in Hood River, Oregon, Leon County, Florida, San Antonio, Texas, and Abingdon, Virginia. Is this some kind of trend?
Jamie Baker Roskie
Friday, November 18, 2011
From the Sustainable Communities folks at EPA:
New Partnership for Sustainable Communities Report:
Supporting Sustainable Rural Communities
The HUD-DOT-EPA Partnership for Sustainable Communities and the USDA has
just released Supporting Sustainable Rural Communities, a report that
discusses how the four agencies are collaborating to support rural
communities. This publication highlights how small towns and rural
places across the country are using federal resources to strengthen
their economies, provide better quality of life to residents, and build
on local assets such as traditional main streets, agricultural lands,
and natural resources.
The report includes sections on how HUD, DOT, EPA, and USDA programs
support environmentally and economically sustainable growth in rural
places; performance measures rural communities can use to target their
investments; and 12 case studies of rural communities using federal
resources to achieve their development and economic goals. It also
outlines steps the Partnership for Sustainable Communities is pursuing
to support small towns and rural places.
To read the report, please visit this website.
Jamie Baker Roskie
Thursday, September 8, 2011
Some exciting news from NYU's Furman Center for Real Estate & Urban Policy:
We are thrilled to announce the launch of our Subsidized Housing Information Project (SHIP), a new resource designed to provide housing agencies, community organizations, tenants and the affordable housing industry with the information they need to develop effective preservation strategies.
The SHIP database contains extensive information on nearly 235,000 units of privately-owned, subsidized affordable rental housing in New York City. Compiled from 50 different public and private data sources, the information is accessible through a user-friendly, interactive data search tool available on our website.
Our Institute for Affordable Housing Policy has simultaneously released the State of New York City’s Subsidized Housing report, which provides a comprehensive analysis of the properties in the SHIP database, and identifies opportunities to preserve affordable housing in the coming years. Another online tool, the Directory of New York City Affordable Housing Programs (Beta) summarizes nearly 200 programs that have been used in New York City to develop affordable housing since the 1930s.
The SHIP was made possible through a collaboration with the New York City Department of Housing Preservation and Development, the New York City Housing Development Corporation, New York State Homes and Community Renewal, and the U.S. Department of Housing and Urban Development, and support from the John D. and Catherine T. MacArthur Foundation, the F.B. Heron Foundation and NYU Law alumnus Herbert Z. Gold (¢40). The New York City Council has also committed to support technical assistance and training for community-based organizations on how to use the database in their preservation efforts and advocacy. We have also received invaluable guidance and support from members of the SHIP Advisory Committee, the IAHP Advisory Board and dozens of affordable housing experts.
Tuesday, August 30, 2011
Boston College Third World Law Journal Notes Editor Asher Alavi has written KELO SIX YEARS LATER: STATE RESPONSES, RAMIFICATIONS, AND SOLUTIONS FOR THE FUTURE. Here's the abstract:
In 2005, the U.S. Supreme Court upheld the constitutionality of eminent domain takings that benefit private developers in Kelo v. City of New London. The case led to public outcry on both the right and the left and the revision of many state eminent domain laws to curtail such takings. However, most of the new laws have been ineffective. In many states, the burden of the takings falls largely onto poor, minority communities while, in others, revitalization projects by private developers are prohibited entirely. This Note examines the negative implications of current approaches to takings on inner-city, minority communities and concludes that states should adopt an approach that allows revitalization of blighted areas by private developers but also provides effective limits such as a narrow definition of blight, enhanced compensation for the displaced, and procedural provisions such as Community Benefits Agreements.
Jamie Baker Roskie
August 30, 2011 in Community Economic Development, Development, Eminent Domain, Local Government, Property Rights, Race, Redevelopment, Scholarship, State Government | Permalink | Comments (0) | TrackBack (0)
Friday, July 15, 2011
From The White House blog:
President Obama knows that the hard work of strengthening American communities and revitalizing the American economy happens at the local level – in neighborhood schools and community colleges, at town meetings and neighborhood associations, through new start-ups and small businesses. That’s why the White House is excited today to announce the launch of the Strong Cities, Strong Communities Initiative.
Strong Cities, Strong Communities is a new interagency pilot initiative that aims to strengthen neighborhoods, towns, cities and regions around the country by strengthening the capacity of local governments to develop and execute their economic vision and strategies. Strong Cities, Strong Communities bolsters local governments by providing necessary technical assistance and access to federal agency expertise, and creating new public and private sector partnerships. By leveraging existing assets, providing new resources, and fostering new connections at the local and national level, Strong Cities, Strong Communities will support towns and cities as they develop comprehensive plans for their communities and invest in economic growth and job creation.
If you visit the blogsite, you can watch the "launch video" and read more about the community intiatives.
Jamie Baker Roskie
Monday, June 27, 2011
John C. Dernbach (Widener) has published "Creating the Law of Environmentally Sustainable Economic Development" in the Pace Environmental Law Review. From the introduction:
We need to unpack the term “development,” finding a way to make the term meaningful for the United States, if we are to have any real chance to achieve a sustainable America. More particularly, we need to address the law that supports economic development and understand how to make that law a powerful force on behalf of sustainability. In fact, much of the limited legal progress made by the United States toward sustainable development has involved the law of economic development. The growing use of such terms as “green economy” and “green jobs” is indicative of the direction that both policy and law are evolving. Municipalities across the United States, in particular, are consciously using renewable energy technology, green infrastructure, recycling, brownfield redevelopment, and other forms of more sustainable economic development not only to create jobs and improve their economies, but also make themselves more attractive places to live and work. [citations omitted.]
Jamie Baker Roskie
Tuesday, May 31, 2011
Kelo v. City of New London was one of the most controversial decisions in Supreme Court history, generating a massive political backlash that led 43 states to adopt eminent domain reform laws restricting economic development takings of the kind the Court ruled were constitutional. In addition to the better-known legislative reaction, Kelo was also followed by extensive additional property rights litigation in both federal and state courts. This is the first article to systematically analyze the judicial reaction to Kelo.
Part I briefly summarizes Kelo and its holding. Part II considers state court interpretations of their state constitutional public use clauses since Kelo. Most of these cases have repudiated Kelo, either banning economic development takings outright or significantly constraining them. Part III considers judicial interpretations of Kelo’s “pretext” standard. This is the one area where Kelo might potentially permit nontrivial public use constraints on condemnation. Kelo indicated that condemnations are unconstitutional if the officially stated rationale for the taking is a pretext “for the purpose of conferring a private benefit on a particular private party.” State and lower federal courts have not come to any consensus on what qualifies as a pretextual taking. Nevertheless, several decisions suggest that the pretext standard may have some bite.
Overall, state courts have taken a skeptical view of Kelo, often rejecting it as a guide to the interpretation of their state constitutions. This reaction continues the pre-Kelo trend of increasing judicial protection for property rights at the state level.
The article introduces a symposium issue entitled Eminent Domain in the United States: Public Use, Just Compensation, & “The Social Compact.” Published participants include Steven Eagle, Gideon Kanner and Amy Lavine.
May 31, 2011 in Caselaw, Community Economic Development, Constitutional Law, Development, Economic Development, Eminent Domain, Judicial Review, Property, Property Rights, Redevelopment, Scholarship | Permalink | Comments (0) | TrackBack (0)
Friday, April 29, 2011
Alan Mallach (Brookings) has published Where Do We Fit In? CDCs and the Emerging Shrinking City Movement in the Spring 2011 issue of Shelterforce. In this short piece, Alan looks at the efforts of community development corporations (CDCs) to contend with the problems faced by cities such as Cleveland, Youngstown and Detroit. He goes on to discuss the fundamental problem of how to craft a local development mission in a market that is clearly shrinking. Unlike Baltimore, a post-industrial city in a growing region, the cities Mallach highlights are located in parts of the country that continue to lose population. We here at Land Use Prof have blogged about the release of Detroit's 2010 census numbers and a recent NY Times discussion of the shrinking-cities quandary. With this Shelterforce article, Alan Mallach brings his formidable analysis and decades of community development experience to bear on this critical issue for American cities in the 21st century.
Thursday, April 28, 2011
Edward Glaeser (Harvard-Economics), Giacomo Ponzetto (Pompeu Fabra) and Kristina Tobio (Harvard-Kennedy) have posted Cities, Skills, and Regional Change. Here's the abstract:
One approach to urban areas emphasizes the existence of certain immutable relationships, such as Zipf's or Gibrat's Law. An alternative view is that urban change reflects individual responses to changing tastes or technologies. This paper examines almost 200 years of regional change in the U.S. and finds that few, if any, growth relationships remain constant, including Gibrat's Law. Education does a reasonable job of explaining urban resilience in recent decades, but does not seem to predict county growth a century ago. After reviewing this evidence, we present and estimate a simple model of regional change, where education increases the level of entrepreneurship. Human capital spillovers occur at the city level because skilled workers produce more product varieties and thereby increase labor demand. We find that skills are associated with growth in productivity or entrepreneurship, not with growth in quality of life, at least outside of the West. We also find that skills seem to have depressed housing supply growth in the West, but not in other regions, which supports the view that educated residents in that region have fought for tougher land-use controls. We also present evidence that skills have had a disproportionately large impact on unemployment during the current recession.
Sunday, April 3, 2011
Just in time for this week's discussion of the Mt. Laurel responses to exclusionary zoning, Shelterforce, the magazine of the National Housing Institute, features an article by PolicyLink's founder and CEO, Angela Glover Blackwell. In Equity Is Not Optional, she makes the case for both social equity as indispensable to sustainable national success and commitment to inclusionary, place-based strategies as critical to social equity. She then sets out five principles for a social equity strategy illustrating each with model programs such as Harlem Children’s Zone and San Diego's Market Creek Plaza. With Patrick Maier's sidebar on Inclusionary Zoning, it may make for some timely supplemental reading.
Wednesday, March 30, 2011
The latest census figures from Detroit (Chad's hometown blogged about here and here) have inspired the New York Times to solicit opinions from several urban planning experts about the way forward for post-industrial cities confronted with large-scale property abandonment. Jennifer Bradley (Brookings-MPP) and Terry Schwarz (Kent State's Cleveland Urban Design Collaborative) each offer shrinking city visions that challenge the idea that all planning must be for demographic expansion and economic growth. Their greening strategies, including attention to urban agriculture and ecosystems, contemplate a 'new normal' for cities that may, in some ways, be better than historical peak periods.
Richard Florida (Toronto-Business) and Sam Staley urge beleaguered areas to pursue a focused (and apparently unsubsidized) effort to retain and attract residents in a mobile society. Still others, such as Toni Griffin (Harvard-Planning), see Detroit and similar cities as merely the most egregiously wounded casualties of unsustainable sprawl-promoting policies that must be changed throughout the U.S. These brief articles and even the comment board are all worth checking out. (Hat Tip to Nicole Garnett (Notre Dame) and her student, Sean Ashburn)
I would also encourage those interested in working with the land use challenges faced by undercrowded, post-industrial cities to check out The Center for Community Progress (f/k/a National Vacant Properties Campaign). Over the years, I have had the chance to participate in conferences and technical assistance efforts that have brought urban development practitioners together with experts such as Jennifer Bradley, Terry Schwarz, Kermit Lind (Cleveland State), Joe Schilling (Va. Tech-Metropolitan Inst.) and CCP's co-founder, Frank Alexander (Emory).
March 30, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Crime, Density, Detroit, Development, Economic Development, Planning, Redevelopment, Smart Growth, Sustainability | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 23, 2011
Sheila Foster (Fordham) has just posted Collective Action and the Urban Commons, 87 Notre Dame L. Rev. ___ (forthcoming 2011), another interesting and important article on community control of land resources in the urban context. Here's the abstract:
Urban residents share access to a number of local resources in which they have a common stake. These resources range from local streets and parks to public spaces to a variety of shared neighborhood amenities. Collectively shared urban resources suffer from the same rivalry and free-riding problems that Garrett Hardin described in his Tragedy of the Commons tale. Scholars have not yet worked up a theory about how this tragedy unfolds in the urban context, particularly in light of existing government regulation and control of common urban resources. This Article argues that the tragedy of the urban commons unfolds during periods of “regulatory slippage” - when the level of local government oversight and management of the resource significantly declines, leaving the resource vulnerable to expanded access by competing users and uses. Overuse or unrestrained competition in the use of these resources can quickly lead to congestion, rivalry and resource degradation. Tales abound in cities across the country of streets, parks, and vacant land that were once thriving urban spaces but have become overrun, dirty, prone to criminal activity, and virtually abandoned by most users.
Proposed solutions to the rivalry, congestion and degradation that afflict common urban resources typically track the traditional public-private dichotomy of governance approaches. These solutions propose either a more assertive central government role or privatization of the resource. Neither of these proposed solutions has taken root, I argue, because of the potential costs that each carry - costs to the local government during times of fiscal strain, costs to communities where the majority of residents are non-property owners, and costs to internal community governance. What has taken root, however, are various forms of cooperative management regimes by groups of users. Despite the robust literature on self-organized management of natural resources, scholars have largely ignored collective action in the urban context. In fact, many urban scholars have assumed that collective action is unlikely in urban communities where social disorder exists.
This Article highlights the ways in which common urban resources are being managed by groups of users in the absence of government coercion or management and without transferring ownership into private hands. This collective action occurs in the shadow of continued state and local government ownership and oversight of the resources. Formally, although the state continues to hold the regulatory reigns, in practice we see the public role shifting away from a centralized governmental role to what I call an “enabling” one in which state and local government provides incentives and lend support to private actors who are able to overcome free-riding and coordination problems to manage collective resources. This Article develops this enabling role, marks its contours and limits, and raises three normative concerns that have gone unattended by policymakers.
March 23, 2011 in Agriculture, Community Design, Community Economic Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, Food, Land Trust, Local Government, Property, Property Theory, Scholarship, Urbanism | Permalink | Comments (0) | TrackBack (0)
Saturday, March 12, 2011
Dennis Keating (Cleveland State) and Wendy Kellogg (Cleveland State-Urban Affairs) have posted Cleveland's Ecovillage: Green and Affordable Housing Through a Network Alliance. The article offers a case study of EcoVillage, a transit-oriented affordable housing project in the Detroit Shoreway neigborhood of Cleveland. Here's the abstract:
This article presents a case study of the inter-organizational network that formed to produce four housing projects in Cleveland's EcoVillage designed to integrate social equity and ecological stewardship as the basis for neighborhood redevelopment. Our paper builds on concepts of community development and housing production through inter-organizational networks spanning nonprofit, public, and private organizations that developed and supported four green and affordable housing projects. We are interested in understanding how development of the housing projects changed and connected traditional neighborhood development and ecologically-oriented organizations and how their interaction changed the practice of housing production and environmental and sustainability advocacy locally and regionally. The results of the study reveal that the marriage of green and affordable housing in Cleveland, despite some challenges, was viewed as important and beneficial by the organizations involved, and resulted in a range of demonstration projects that not only changed the EcoVillage, but affected other neighborhood housing projects in Cleveland as well. The projects resulted in enhanced capacity for green housing production through creation of a new network of organizations spanning the housing and environmental sustainability fields of practice that continues to support sustainable housing and neighborhood development in Cleveland.
March 12, 2011 in Affordable Housing, Climate, Community Economic Development, Density, Development, Environmentalism, New Urbanism, Pedestrian, Planning, Redevelopment, Scholarship, Smart Growth, Sustainability, Urbanism | Permalink | Comments (0) | TrackBack (0)
Tuesday, March 8, 2011
On Friday, the federal government assumed control over the Philadelphia Housing Authority. For months, The Inquirer in Philadelphia had been reporting about corruption and mismanagement in the Housing Authority's finances, including "$38.3 million in legal expenditures since 2007." "That tab included conflict-laden payment to the law firm of [the son of former Mayor Street, who also just resigned as chair of the Housing Authority]." In addition, it included $11.7 million to Ballard Spahr, where former Gov. Ed Rendell is a partner now (and was prior to being governor). As a point of comparison, the Housing Authority paid $10.3 million (16,700 units of housing and 14,800 vouchers) in legal fees in 2010, while New York City's housing authority paid $8.6 million (180,000 units of housing and 99,000 vouchers). The Philadelphia's Housing Authority's executive director was fired in September (for, among other things, settling sexual harassment complaints against him for $648,000) and the board resigned last week.
This all led me back to an article I wrote 5 years ago critical of public authorities, focusing primarily on the lack of relationship between public funds and the democratic process. At the time, public authorities issued more debt per year than all the cities and states combined (i.e. borrow) and they held more debt than all the cities and states combined (i.e. borrowed). Many states had the majority of their debt held by public authorities. New York, for example, had about 90% of its debt held by public authorities. I then discussed how typical elections for mayor, governor, representatives, and councilmembers have little impact on the decisionmakers at public authorities (see, e.g., Gov. Mitt Romney's desperate attempts to remove the head of the Mass Turnpike Authority). This lack of oversight and accountability, I argued, allows for mismanagement, corruption, and graft.
With so many of public authorities existing (more than all cities combined) and performing significant land use functions including, housing, transportation, economic development, water, sewer . . . etc, I wonder how, if at all, infusing more democracy into the control of these functions would impact land use today. Would placing these functions under a city or state allow for more integration of land use issues? Would it allow cities to be more flexibility in spending on land use issues (see, e.g., Philadelphia's unsuccessful attempt to gain access to Philadelphia Parking Authority's funds, generated from land in Philadelphia)? How would it impact the democratic process? I'm not sure where these functions should reside, but with each new revelation of public authority corruption, I question whether we have the most efficient system.
March 8, 2011 in Community Design, Community Economic Development, Development, Economic Development, Housing, HUD, Local Government, Planning, Redevelopment | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 2, 2011
Jerry Long (Idaho) explores the causes of and reasons for a community's commitment to sustainable land-use planning in his recently posted Private Lands, Conflict, and Institutional Evolution in the Post-Public-Lands West, 28 Pace Env. L. Rev. ___ (forthcoming 2011). Here's the abstract:
As rural communities face amenity-driven population growth and globalizing culture and economic systems, the process by which those communities imagine and implement desired futures grows increasingly complex. Globalization- and technology-facilitated and amenity-driven population growth increases the value of place-bound benefit streams – including land – promoting increased levels of physical development and a changed built environment. At the same time, globalizing culture and evolving local demographics might alter local land-use ideologies, yielding a preference for resource protection and more sustainable local land-use regimes. This article engages in a theoretical and empirical exploration that seeks to answer a single question: Why, in the face of competing land-use ideologies, might a community choose to adopt a more resource-protective, or resource-sustaining, land-use regime? Ultimately, it is only upon witnessing the actual effects of previous choices on the ground – including most significant, real harm to valued social or natural amenities – that a community is able to imagine and implement a land-use regime that can protect the amenities that community values.
March 2, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Conservation Easements, Density, Development, Environmental Law, Environmentalism, Federal Government, Globalism, Land Trust, Las Vegas, Local Government, Planning, Scholarship, Smart Growth, Sprawl, Subdivision Regulations, Suburbs, Sun Belt, Sustainability, Urbanism, Water, Zoning | Permalink | Comments (0) | TrackBack (0)
Tuesday, March 1, 2011
For years cities, such as Montreal (the RESO), have been developing space underground. In what CNN reports as a "first," Helsinki has developed an Underground Master Plan. The plan designates a diverse group of uses for the underground area, ranging from industrial to recreation uses, such as an existing swimming pool (which, fortunately, doubles as a bunker when necessary). According to the report, Helsinki sits on bedrock strong enough to support the existing streetscape even when space is carved out for the lower levels. The CNN report claims a host of environmental benefits from the action, many of which are disputed in the comments.
As cities such as Helsinki start to think about the relationship between the street level and the subsurface (as inhabitable space), the next step may be to craft a three dimensional master plan. And who knows, this may be Seattle's chance to recommission its underground, although "[w]hen your dreams tire, they go underground and out of kindness that's where they stay." (Margaret Fuller).
March 1, 2011 in Architecture, California, Common Interest Communities, Community Design, Community Economic Development, Comparative Land Use, Comprehensive Plans, Density, Development, Downtown, Economic Development, History, Homeowners Associations, Housing, Local Government, New Urbanism, Planning, Politics, Property, Property Rights, Property Theory, Real Estate Transactions, Redevelopment, Smart Growth, Sprawl, State Government, Subdivision Regulations, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)
Saturday, February 26, 2011
As I get ready for Property's land-use finale this semester, I will be making room to show a scene from one of my favorite movies of all time, Bill Forsyth's Local Hero. A mid-level oil executive (Peter Riegert) is dispatched by the company CEO (Burt Lancaster) to buy up an entire Scottish coastal village to make way for a vast North Sea petrochemical facility. Almost to a person, the villagers welcome the opportunity to pull up stakes and sell.
The scene that I will show involves the negotiations over relocating the elderly beachcomber, who is skeptical about releasing his legal claim in exchange for any of the most expensive tropical shorelines in the world. Another scene offers a brief exchange relating to sustainable economic development. Both go quickly to the heart of the difference between market and subjective valuations of land and the role the latter plays in sustaining community. If nothing else, my prep will be an excuse to watch one of the funniest movies about modern village life around.
February 26, 2011 in Beaches, Community Economic Development, Development, Economic Development, Eminent Domain, Environmentalism, Oil & Gas, Property, Property Theory, Sustainability, Takings | Permalink | Comments (1) | TrackBack (0)
Thursday, February 24, 2011
The last installment in the Cityscape trilogy is Peter Meyer's Brownfields, Risk-Based Corrective Action, and Local Communities. Here's the abstract:
This article addresses the problems facing communities that suffer both environmental risks from past contamination and depressed economic activity. In such settings, redevelopment of contaminated sites and the associated economic development may require compromised standards for environmental mitigation. This potential conflict is often resolved through risk-based corrective action on sites cleaned only for their prospective use. But partial cleanups can be shown to face inevitable failure at some future date. Thus, in such an approach, communities face risks that they need to understand and should be capable of accepting or rejecting. The article considers these risks and assesses four alternative land use control strategies for assuring community participation in making decisions about both the cleanup process today and the response to risks of failure in the future.
February 24, 2011 in Community Design, Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Like yesterday's featured article from Cityscape, Marie Howland's (U. Md.- Planning)The Private Market for Brownfield Properties also takes advantage of Baltimore's industrial heritage to track brownfield sales. Here's the abstract:
This study examines land sales over a 10-year period - 1990 to 2000 - in one southwest Baltimore industrial district - Carroll Camden - to determine the effect of land contamination on property sales and sales price. I tracked all sales, selling price, time on the market, and the presence of land contamination in the 5,580-acre area. The results indicate that after the mid-1990s, contaminated parcels sold on the private market, with price discounts that accounted for contamination and cleanup. Out of the 144 parcels sold over the 1990-to-2000 decade, positive and market-clearing prices were found for 45 parcels with either confirmed or historical-reasons-to-suspect contamination. Interviews with owners and brokers of parcels on the market for 2 years or more and analysis of the data indicate that the contaminated parcels that did not sell within the 2-year period (1) had above-market asking price; (2) were small and odd-shaped; (3) had inadequate road access for modern trucks; (4) had outdated water, sewer, and telecommunications connections; or (5) had incompatible surrounding land uses. Two policy implications result from these findings. First, if a city such as Baltimore wants to revitalize an industrial area - maintaining its industrial function and remediating contamination - government-subsidized cleanups may not be the most cost-effective policy. Rather, the city should (1) modernize the outdated infrastructure, including roads and fiber optic connections; (2) remove the outdated residential structures that sit in the midst of the industrial area and diminish the desirability of some land parcels for industrial use; (3) consolidate small and odd-shaped properties that are not conducive to modern manufacturing, warehousing, or other industrial uses; (4) ensure city services are efficiently provided, including trash cleanup and police and fire protection; and (5) improve access and egress for modern trucking. The evidence from the Baltimore study indicates that the private sector will discount land prices and assume cleanup responsibilities. The second policy implication is that the market is capable of brownfield cleanup in some locations.
February 24, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 23, 2011
A recent issue of HUD's Cityscape journal contains several articles on land use and remediation of environmental contamination. The first featured here is Voluntary Cleanup Programs and Redevelopment Potential: Lessons from Baltimore, Maryland by Dennis Guignet and Anna Alberini (both U. Md.--Ag. & Resource Econ.). Here's the abstract:
In the United States, policy has increasingly shifted toward economic incentives and liability attenuation for promoting cleanup and redevelopment of contaminated sites, but little is known about the effectiveness of such policies. These policies include, among others, state Voluntary Cleanup Programs (VCPs), which were established in the United States in the 1990s and, to date, have been implemented in nearly every state. This article focuses on 116 Baltimore properties that were enrolled and participated in the Maryland VCP from its inception in 1997 to the end of 2006 and examines what type of properties tend to participate in these programs, how these properties compare with other eligible but nonparticipating sites, and what the redevelopment potential of VCP properties and implications is toward open-space conversion.
We find that most applicants (66 percent) actually requested a No Further Requirements Determination directly, rather than proposing cleanup. Nevertheless, the VCP led to the identification and environmental assessment of 1,175 acres of contaminated land in the city of Baltimore alone. In Baltimore, VCP properties tend to be industrial, located in areas zoned as industrial, and away from residential neighborhoods. In more recent years, larger properties have increasingly enrolled in the program. Most participating sites are reused as industrial or commercial properties. In contrast with Alberini (2007), these findings suggest that, in Baltimore, pressure for residential development has not driven VCP participation to date. Based on differences in zoning requirements, the VCP may reduce demand for potentially contaminating activities on pristine land by as much as 1,238 to 6,444 acres, in Baltimore alone.
February 23, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
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- 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
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- 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
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- 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