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Monday, October 4, 2010

Fischel on Zoning Since the 1980s

William A. Fischel (Dartmouth) has posted The Evolution of Zoning Since the 1980s: The Persistence of Localism on SSRN.  Here's the abstract:

Zoning is the regulation of the use of land by local government. Although it is the most jealously guarded municipal power, zoning is not a static institution. I demonstrate this by reviewing several "top down" attempts to reform zoning in the last three decades. Examples are the affordable housing movement and regulatory takings litigation. I argue that these reforms have either failed or tended to make local zoning more restrictive. I then review new research on the origins of zoning in Los Angeles and find evidence that zoning has always been more of a bottom up institution than most of its critics have assumed. Local knowledge of neighborhood conditions and widespread ownership of property are the most important factors that keep zoning local. Reforms that do not take into account these factors are not likely to succeed.

Ben Barros

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http://lawprofessors.typepad.com/property/2010/10/fischel-on-zoning-since-the-1980s.html

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