Land Use Prof Blog

Online Professional Development Course in Adaptive Planning & Resilience

Land Use Prof colleagues -- please share the following information about an online self-paced course in adaptive planning and resilience as broadly as possible.  It's especially relevant for professionals who are engaged in planning and would benefit from skills to make their planning processes more adaptive and resilience-oriented.  Students, professors, and other professionals are welcome too.  Thanks for your interest and help!  All best wishes, Tony Arnold

I’m writing to let you know about an online self-paced professional development course in adaptive planning and resilience.  This course is aimed at any professional who engages in planning under conditions of uncertainty, complexity, or unstable conditions, whether in the public sector, private sector, local community, or multi-stakeholder partnerships. 

The course is ideal for professionals in sectors such as urban planning, community development water supply, water quality, disasters/hazards, environmental protection, land management, forestry, natural resources management, ecosystem restoration, climate change, public infrastructure, housing, sustainability, community resilience, energy, and many others.  I hope that you and the employees and/or members of your organization will consider enrolling in this course.

 The 12-hour course is offered by the University of Louisville for a cost of $150 and is taught by Professor Tony Arnold, a national expert in adaptive planning and resilience, and a team of professionals engaged in various aspects of adaptive planning.  The online lectures are asynchronous, and the course is self-paced; this offering will last until November 22.

 More information is provided below and at the registration web page: http://louisville.edu/law/flex-courses/adaptive-planning.  This offering of the course begins October 12 but registration will be accepted through November 15 due to the self-pacing of the course.  We are seeking AICP CM credits for the course in partnership with the Kentucky Chapter of the American Planning Association, but cannot make any representations or promises until our application is reviewed. 

Please share this blog post or information with anyone who might be interested.  Please contact me at [email protected], if you have any questions. 

Adaptive Planning and Resilience

Online and self-paced

Oct. 12 – Nov. 22, 2015

Adaptive Planning and Resilience is a professional development course in which professionals will develop the knowledge and skills to design and implement planning processes that will enable their governance systems, organizations, and/or communities to adapt to changing conditions and sudden shocks or disturbances.

Adaptive planning is more flexible and continuous than conventional planning processes, yet involves a greater amount of goal and strategy development than adaptive management methods. It helps communities, organizations, and governance systems to develop resilience and adaptive capacity: the capacity to resist disturbances, bounce back from disasters, and transform themselves under changing and uncertain conditions. Adaptive planning is needed most when systems or communities are vulnerable to surprise catastrophes, unprecedented conditions, or complex and difficult-to-resolve policy choices.

The course will cover the elements of adaptive planning and resilient systems, the legal issues in adaptive planning, how to design and implement adaptive planning processes, and case studies (including guest speakers) from various communities and organizations that are employing adaptive planning methods.  Enrollees will have the opportunity to design or redesign an adaptive planning process for their own professional situation and get feedback from course instructors.

The six-week course totals about 12 hours broken into 30-minute segments. It is conducted online and is asynchronous. Cost is $150.

 About Professor Tony Arnold

Professor Craig Anthony (Tony) Arnold is the Boehl Chair in Property and Land Use at the University of Louisville, where he teaches in both the Brandeis School of Law and the Department of Urban and Public Affairs and directs the interdisciplinary Center for Land Use and Environmental Responsibility. Professor Arnold is an internationally renowned and highly-cited scholar who studies how governance systems and institutions – including planning, law, policy, and resource management – can adapt to changing conditions and disturbances in order to improve social-ecological resilience. He has won numerous teaching awards, including the 2013 Trustee’s Award, the highest award for a faculty member at the University of Louisville.

Professor Arnold has clerked for a federal appellate judge on the 10th Circuit and practiced law in Texas, including serving as a city attorney and representing water districts. He served as Chairman of the Planning Commission of Anaheim, California, and on numerous government task forces and nonprofit boards. He had a land use planning internship with the Boston Redevelopment Authority, did rural poverty work in Kansas, and worked for two members of Congress. Professor Arnold received his Bachelor of Arts, with Highest Distinction, Phi Beta Kappa, in 1987 from the University of Kansas. He received his Doctor of Jurisprudence, with Distinction, in 1990 from Stanford University, where he co-founded the Stanford Law & Policy Review and was a Graduate Student Fellow in the Stanford Center for Conflict and Negotiation. He has affiliations with interdisciplinary research centers at six major universities nationwide and is a part of an interdisciplinary collaboration of scholars studying adaptive governance and resilience.

 Professor Arnold will be joined in co-teaching the course by a team of his former students who are

professionals knowledgeable in adaptive planning. They include:

• Brian      O’Neill, an aquatic ecologist and environmental planner in Chicago
• Heather      Kenny, a local-government and land-use lawyer in California and adjunct      professor at Lincoln Law School of Sacramento
• Sherry      Fuller, a business manager at the Irvine Ranch Conservancy in Orange      County, California, and former community redevelopment project manager
• Andrew      Black, who is Associate Dean of Career Planning and Applied Learning at      Eckerd College in St. Petersburg, Florida, and a former field      representative for two U.S. Senators in New Mexico
• Andrea      Pompei Lacy, AICP, who directs the Center for Hazards Research and Policy      Development at the University of Louisville
• Jennifer-Grace      Ewa, a Postdoctoral Fellow in Inequality and the Provision of Open Space      at the University of Denver
• Alexandra      Chase, a recent graduate of the Brandeis School of Law who has worked on      watershed and urban resilience issues with the Center for Land Use and      Environmental Responsibility and now lives in St. Petersburg, Florida.

Dates

October 12 – November 22, 2015,

Online, asynchronous, and self-paced

Cost

$150

For more information

Visit louisville.edu/law/flex-courses.

 

Why Cul-de-Sacs are Bad for You

Nowadays I usually get inspired to post on this blog by things that appear in my Facebook feed. Due to my long association with UGA Law many of my friends are in Georgia, and Georgia-related news gets lots of play.   Recently a few land use savvy friends have posted this article from Slate, "Why Cul-de-Sacs Are Bad for Your Health." 

My first thought - "Isn't this something the New Urbanists have been telling us for, oh, 20 years or so?" Andres Duany has certainly been on the topic for a long time - his book Suburban Nation came out in 2001.

But, this article supports the truth many of us have known for awhile - that living in the suburbs and commuting by car has a negative impact on one's health.  This is being confirmed by a recent study at Georgia Tech.  The article makes for interesting reading, regardless of where you live.

Jamie Baker Roskie

Serkin and Wellington on Exclusionary Dynamics Beyond Zoning Ordinances

Chris Serkin (Vanderbilt) and Leslie Wellington have posted Putting Exclusionary Zoning in its Place: Affordable Housing and Geographical Scale, 40 Fordham Urb. L. J. 1667 (2013).  Here's the abstract:

The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form also occurs both within the urban core and region-wide. Exclusionary zoning at the sub-local and regional scales results in property values that fully capitalize the benefits of living in higher-wage regions, and the value of local public goods (like high-quality schools). Lower-income households then cannot meaningfully access those advantages, even if every municipality accommodates its fair share of regional need. The long-standing focus of exclusionary zoning on the content of local ordinances, instead of on these broader exclusionary dynamics, has defined the problem of exclusionary zoning too narrowly. We remedy that deficiency in our contribution to the Fordham Urban Law Journal’s Fortieth Anniversary issue.

 

Election Day and Land Use: The Future of Houston Transit

It's Election Day, and we all know what's the most important thing on the ballot: local land use issues.  Through the initiative and referendum process, as well as in races for local government office, land use ballot issues often have an importance to our communities far beyond the relative amount of publicity they receive . . . especially in a presidential election year. 

In Houston, voters are going to the polls today to answer a number of local government ballot questions, including amendments to the City Charter, a number of bond issues for parks and schools, and perhaps most importantly, a referendum that is colloquially referred to as "METRO."

In the late 1970s, Houston joined about 15 other local government bodies (including the County, the school district, and a number of smaller suburban municipalities) to create the METRO transit authority.  METRO was responsible for regional buses and transit, and in the early 2000s it built the first Houston light rail line.  METRO has ambitious plans to expand the light rail into a regional transit system, but it has always been controversial.  METRO is supposed to be funded by a sales tax, but since its inception, the City has always diverted one-quarter of those revenues toward road improvements.  So the ballot question is whether we should *continue* diverting that portion of the transit tax for another decade.

We discussed it in land use class yesterday.  Here are some competing op-eds: METRO Board member Dwight Jefferson says that "Yes" on the METRO referendum will expand bus system, continue road building and reduce debt.  In opposition, Houston Tomorrow president David Crossley says More light rail for Houston? If you’re pro-transit, vote "No" on METRO ballot issue.  Mayor Annise Parker (D) and most politicians are in favor of the measure.  As you can see in Crossley's op-ed and at the opposition website http://supporthoustontransit.org/2012/, the smart growth/pro-transit crowd is passionately opposed.

So--depending on who you ask--the future of transit in the nation's fourth-largest city is on the line; or, its capability to deal with critical mobility issues. 

The unfortunate thing is that very few people even understand the ballot language, let alone the stakes.  Here is the language of the ballot question that is referred to as the "METRO ballot" issue:

THE CONTINUED DEDICATION OF UP TO 25% OF METRO'S SALES AND USE TAX REVENUES FOR STREET IMPROVEMENTS AND RELATED PROJECTS FOR THE PERIOD OCTOBER 1, 2014 THROUGH DECEMBER 31, 2025 AS AUTHORIZED BY LAW AND WITH NO INCREASE IN THE CURRENT RATE OF METRO'S SALES AND USE TAX.
□ FOR
□ AGAINST

Last year I wrote a screed complaining about ballot language for state constitutional referenda.  Ken Stahl penned a typically thoughtful response with a partial defense of the initiative process for land use issues (and of course he has the leading recent scholarly piece on Ballot Box Zoning).  But this METRO referendum language seems to me to be a perfect example of how screwy the process is.  Basically, if you are in favor of more transit generally and light rail expansion in particular, you are supposed to vote "NO" on the ballot referendum that everyone is referring to as "METRO."  If you want that tax revenue to contiue to be diverted away from transit and toward roads, then you are supposed to vote "Yes on METRO."

We discussed this in Land Use class yesterday and it confirmed to me how confusing this is.  My students are way above the average voter in land-use sophistication, but they still had a hard time figuring this out.  I suspect that most voters, motivated into the booth primarily by their choice for the presidential election, will only have the vaguest idea that if you are pro-transit you are supposed to vote "no" on "METRO."  That's counterintuitive, and I'm afraid that whatever the result is, it won't be a very good democratic indicator.  And that's just for the people who vote on it; the proposal is one of the last items on the ginormous sample ballot that I photographed above.  Many people will vote "straight party ticket" (that's an option in Texas) and walk out of the booth, without even seeing the referendum questions.

So we'll have to see how this land use question is resolved by the people, and, after that, what actually happens to the transit system and whether the political predicitons on either side come to fruition.  In the meantime, remember that while the national horse race gets all the attention, there are critically important land use issues being decided in communities across America tonight. 

Matt Festa

UPDATE: "METRO" passed by a large margin: 79-21.  The presidential vote in Houston was a statistical tie.  All of the other ballot referenda (mostly to approve debt for capital projects) passed as well.  I honestly have no idea whether the METRO vote represents anything at all with respect to public opinion on the future of transit.

The London Olympics & Land Use--The Atlantic Cities' Coverage

As Jessie noted in her post on the Olympic Villages, there are many land use issues involved when a city hosts the Olympic Games.  For a fantastic overview of these issues, with numerous in-depth stories, there's no better place to start than The Atlantic Cities' "Special Report" Olympics 2012: London Gets Ready for the Summer Games.  Feargus O'Sullivan has been reporting from London for months, and in the past couple of weeks many of their other writers have contributed excellent stories on a slew of land-use-related Olympic issues.  Here are just a few examples of the wide range of topics they've addressed:

Whether hosting the Olypmic "boondoggle" is good or bad for your city; homelessness and tourism; security issues; public attitudes--politicians telling "whingers" to "put a sock in it"; transportation concerns; architecture; planning for post-Games facilities use; affordable housing; the always-controversial of building new stadiums (stadia?); and many, many other important issues that come up when a big city offers to play host to the world. 

The British media, of course, have lots of excellent coverage.  But for a more specific focus on land use, local government, and urban planning issues, I highly recommend starting with The Atlantic Cities' Olympics 2012 page.  They're posting several new stories each day. 

In the meantime, I hope you all enjoy watching that important land use event known as the Olympic Games!

Matt Festa

The biking bug

Coming this July, New York City will launch a bike share program with 10,000 bikes at 600 stations across lower Manhattan (below 59th Street) and the hipster enclaves of west Brooklyn.

David Byrne, former-Talking Heads front man turned biking proselytizer (maybe you've read his Bicycle Diaries about biking in cities around the world), has a great piece about biking in the Big Apple in last Sunday's New York Times. In the article, he focuses on the practical aspects of the bicycle program for daily activities, like getting some groceries or going across town to a meeting.

Byrne notes that some 200 cities around the world have bike-share programs. I've never used a bike-share program, but not for want of trying. When we were in London last summer, my wife and I were trying to find a rack in that city's bike-share program with two bikes for the both of us, and in London's Soho, we had no such luck. The good news is that the program was obviously immensely popular in London, and I have no doubt it will be in New York. (In particular, I predict Ess-a-Bagel on 1st Avenue will see an even longer line as its bagels become just a short bike-ride away for that many more people).

As a matter of policy, however, I wonder whether the best use of bikes is really the freedom it offers for complete trips, or whether biking's long-term value for large cities isn't the ability for people to use bikes to access other forms of public transportation, such as trains. For several years in San Francisco, I rode my bike, rain or shine, from Potrero Hill to the 24th Street BART station, and then took the train in to work. There were a lot of others doing the same. That requires a different biking infrastructure than bike share programs. Instead of the rental bike stands, it requires secure places to park bikes at train stations and safe pathways through more distant parts of the city. The value, of course, is making public transportation options, such as trains, more readily available to more people. Imagine such a program in the far reaches of Brooklyn or Queens linking to the city's established subway system.

Biking programs can take a long time to develop. For instance, San Francisco's bike plan went through litigation and was required to conduct an extensive environmental impact report under the California Environmental Quality Act. As such, thinking through the variety of ways that bikes can assist getting around a city, should be conducted and evaluated up front. Bike shares and bike-to-transit, I'd suggest, are both important parts of the project.

For those cities contemplating such bike-friendly options, I have two free ideas I'm offering to you. First, a bike commuter greenbelt. This is not new, by any means, but this year I've discovered the joys of bike commuting along Boise's Greenbelt, and it is such a remarkable daily experience down by the cool river. For any city that has the option of making this a reality, just do it. Second, parking squids. That's right, parking squids. Parking squids are being deployed by Seattle as a means of creating bike parking within existing parking spaces. The parking squids each park eight bikes and fit within a traditional car parking space. The squids provide utility and whimsy in the same fixture. Could there be anything better in ending a work commute than locking a bike up to a squid before heading to office?

Stephen R. Miller

Mulvaney on Road Diets

No, that's not what Prof. Tim Mulvaney eats while traveling.  It's a land use concept that he discusses in a very interesting post on the Environmental Law Prof Blog.  An excerpt:

The neighborhood associations of Mistletoe Heights and Berkeley Place, both part of a historic preservation district in the city of Fort Worth, Texas, recently passed measures encouraging the city to consider a “road diet” for the four-lane road that transects these neighborhoods.  Planners Dan Burden and Peter Lagerway coined the phrase “road diet” in the 1990s to refer to the transportation planning technique of reallocating existing roadway space that is providing excessive carrying capacity in a manner that results in a reduction in the number of vehicle lanes.  For example, a road diet might involve the conversion of a four-lane, undivided road to a three lane road, whereby the land previously used for the fourth lane can be employed for other purposes, such as the creation of a two-way left turn lane and either defined bicycle lanes (image A below), wider sidewalks and landscaping (image B), or angled/parallel parking (image C), or some combination thereof. 

Check out the full post to see the illustrative diagrams and additional pictures and anaylsis.  I hadn't heard the term before, but the concept makes sense.

Matt Festa

The Greatest Grid: New Exhibit at the Museum of the City of New York

While visiting New York City recently for the Association of American Geographers' annual meeting, I took in a great exhibit at the Museum of the City of New York entitled The Greatest Grid: The Master Plan of Manhattan 1811-2011.  The exhibit coincides with the 200th anniversary of the adoption of the famous street grid for the island of Manhattan.  It is a fascinating exploration of one of the most significant urban planning endeavors in American history.  You can see an overview of the exhibit here, and the New York Times Review of the exhibit here.  My thoughts on the exhibit, with pictures, are below:

Continue reading

CNU Booklet on Sustainable Street Network Principles

The Congress for the New Urbanism has published a booklet called Sustainable Street Network Principles.  From the press release:

The Congress for the New Urbanism has long recognized that the street network is a fundamental part of human civilization because it serves as the setting for both commerce and culture. For the first time, the CNU has compiled a set of principles and key characteristics of the sustainable street network into a document that is practical, inspirational, and beautifully illustrated.

The CNU Sustainable Street Network Principles, a product of the CNU Project for Transportation Reform, is being released to coincide with the Transportation Research Board’s annual event in Washington D.C. on January 22, 2011. The Principles have been crafted through nearly a decade of CNU member discussion, research, and involvement. The Principles are a must-have for every traffic engineer, urban designer, urban planner, and engaged urban citizen. They outline not only why sustainable street networks are essential to a vibrant and healthy society, but also what makes a street network sustainable in the first place.

The full booklet can be downloaded here.  H/t to Houston Tomorrow.

Matt Festa

Olympics, Marathons, and Parades

Last year I posted about the Houston Marathon, and my observations about how the route did a good job of taking the runners through a diverse set of neighborhoods, from older to newer, urban to suburban, residential to business.  This year I am even more impressed with another land use angle: the incredible amount of planning it must have taken to pull off the events in town this past weekend--

First, on Saturday Houston hosted the U.S. Olympic Marathon Trials.  The race route was designed to simulate the Marathon route planned for London, including a gratuitous hairpin turn.  Congrats to Meb and Flanagan!

On Sunday was the regular Marathon--on a different course--for the other 26,000 of us who didn't qualify for the Trials, plus over 250,000 volunteers and spectators.

And between Saturday and Monday, there were five separate Martin Luther King Day parades.

Planning for the street closures alone must have been an enormous task (check out the 11-page spreadsheet), let alone the interagency and public-private cooperation that's necessary for a weekend like this.  It requires organization, community involvement, and a great deal of technical planning expertise.  These things have huge impacts on traffic, transit, facilities, sanitation, sustainability, policing, budgets, and a great array of other local planning issues. 

We often take having "big events" for granted in a big city, but as a former logistician I'm always impressed by all the behind-the-scenes work that it takes to pull these things off.  And as land use lawyers we should appreciate the very hard work and the professionalism that our colleagues in city planning, local government, and community organizations bring to improve civic life.

So, good job everyone, and please pass the ibuprofen.

Matt Festa 

Outka on the Energy-Land Use Nexus

Uma Outka (Kansas) has posted an essay called The Energy-Land Use Nexus, forthcoming in the Journal of Land Use & Environmental Law, 2012.  The abstract:

This Symposium Essay explores the contours of the “energy-land use nexus” – the rich set of interrelationships between land use and energy production and consumption. This underexplored nexus encapsulates barriers and opportunities as the trajectory of U.S. energy policy tilts away from fossil fuels. The Essay argues that the energy-land use nexus provides a useful frame for approaching policy to minimize points of conflict between energy goals on the one hand and land conservation on the other.

Matt Festa

ULI Report on What's Next in Urban Land Use

As we head into the New Year, The Urban Land Institute has also been looking ahead at the future of land use.  ULI recently issued its report What's Next? Real Estate in the New Economy.  From the press release:

A new economy is unfolding over the course of this decade, driven by an extraordinary convergence of demographic, financial, technological and environmental trends. Taken together, these trends will dramatically change urban planning, design and development through 2020, according to a new report from the Urban Land Institute (ULI).

What’s Next? Real Estate in the New Economy outlines how every aspect of living, working and connecting will change in major ways, driven in large part by the values, preferences and work ethic of Generation Y, the largest generation in American history. . . .

Among the report’s findings:

• Technology will reshape work places. Office tenants will decrease space per employee, and new office environments will need to promote interaction and dialogue. Offices will be transforming into meeting places more than work places, with an emphasis on conference rooms, break areas and open configurations. Developers will craft attractive environments to attract young, talented workers.
• Major companies will value space that enables innovation. They will continue to pay more for space in a global gateway served by a major international airport, or in 24-hour urban centers. Hard-to-reach suburban work places will be less in demand.
• The influx of Generation Y, now in their teens through early thirties, will change housing demand. They are comfortable with smaller homes and will happily trade living space for an easier commute and better lifestyle. They will drive up the number of single households and prompt a surge in demand for rentals, causing rents to escalate.
• For most people, finances will still be constrained, leading to more shared housing and multi-generational households. Immigration will support that trend, as many immigrants come from places where it is common for extended families to share housing. This may be the one group that continues to drive demand for large, suburban homes.
• The senior population will grow fastest, but financial constraints could limit demand for adult housing developments. Many will age in place or move in with relatives to conserve money. Developers may want to recast retirement communities into amenity-laden “age friendly” residences. Homes near hospitals and medical offices will be popular, especially if integrated into mixed-use neighborhoods with shops, restaurants and services.
• Energy and infrastructure take on greater importance. Businesses cannot afford to have their network connections down, and more will consider self-generated power or onsite generator capacity. Developers, owners and investors are realizing that the slightly higher costs of energy- and water-saving technologies can pay for themselves quickly, creating more marketable and valuable assets. Ignoring sustainability issues speeds property obsolescence.

You can download the full report here. 

Matt Festa

John Norquist hearts (good) congestion

John Norquist, CEO of the Congress for the New Urbanism, has a thoughtful essay on the always-excellent Cities blog from The Atlantic called The Case for Congestion:

Yogi Berra once said, "nobody goes there anymore. It’s too crowded."

It’s certainly true that people complain about congestion. Yet it’s just as true that popular destinations tend to be crowded. Fifth Avenue in New York, Market Street in San Francisco, Chicago’s Michigan Avenue and Rodeo Drive in Beverly Hills are all congested, but people keep coming back to shop or hang out. 

Congestion, in the urban context, is often a symptom of success.

If people enjoy crowded places, it seems a bit strange that federal and state governments continue to wage a war against traffic congestion. Despite many hundreds of billions dollars spent increasing road capacity, they've not yet won; thank God. . . .

After all, congestion is a bit like cholesterol - if you don’t have any, you die. And like cholesterol, there’s a good kind and a bad kind. Congestion measurements should be divided between through-traffic and traffic that includes local origins or destinations, the latter being the "good kind." Travelers who bring commerce to a city add more value than someone just driving through, and any thorough assessment of congestion needs to be balanced with other factors such as retail sales, real estate value and pedestrian volume.

This is an important point, that not all "congestion" is the same.  And even with "bad" congestion, adding road capacity doesn't always help.

Matt Festa

Slate on the Death of High Speed Rail

Will Oremus writes in Slate on a Requiem for a Train: High Speed Rail is Dead in America; Should we Mourn it?  From the article:

Well, you can stop imagining it now. High-speed rail isn’t happening in America. Not anytime soon. Probably not ever. The questions now are (1) what killed it, and (2) should we mourn its passing? . . .

Though Republicans’ outright rejection of high-speed rail is short-sighted, so were many of the plans themselves. Rather than focus on the few corridors that need high-speed rail lines the most, the Obama administration doled out half a billion here and half a billion there, a strategy better-suited to currying political support than to addressing real infrastructure problems. Spread across 10 corridors, each between 100 and 600 miles long, Obama’s rail system would have been, at best, a disjointed patchwork. The nation’s most gridlocked corridor, along the East Coast between Washington, D.C. and Boston, was left out of the plans entirely. Worse, much of the money was allocated to projects that weren’t high-speed rail at all.

Lots of mistakes were made in the roll-out of the HSR plan, but one of the main problems was that it was fantasized in a lot of places where it isn't really necessary, and ignored in the places where it could be great. 

Matt Festa

Upcoming Oral Argument in PPL Montana, Inc. v. Montana

On Wednesday, the U.S. Supreme Court will hear one of the only cases that touches on property rights scheduled for this Term, PPL Montana, Inc., v. Montana.  Professor Thomas Merrill has posted an excellent preview of the case on SCOTUS blog:

On December 7, the Court will hear argument in PPL Montana, LLC v. Montana. The case is one for history buffs. The question is whether the state of Montana holds title to portions of three riverbeds in the state. The parties agree that the relevant legal test is historical: were the river segments in question part of a waterway that was “navigable in fact” when Montana became a state in 1889? Prominent among the many bits of historical evidence cited are the journals of Meriwether Lewis and William Clark, who explored the rivers in 1805 on their famous expedition.

That's enough to get me excited (seriously).  Go read the rest of Prof. Merrill's informative analysis.  (h/t to our friends at Property Prof Blog for the link).

And don't forget that we had our own pre-preview here at the Land Use Prof Blog, back on the day after the Court granted cert. From guest-blogger Tim Mulvaney's take on SCOTUS cert grant for PPL Montana v. Montana:

In finding that all three rivers at issue met this “navigability for title” test when Montana entered statehood in 1889, the Montana Supreme Court cited to a litany of historical evidence, including the centuries-old journals of Lewis and Clark.  As today’s brief AP story notes, PPL Montana disagreed, pointing “to accounts of the [Lewis and Clark] expedition’s arduous portages of canoes and supplies around waterfalls to argue that the contested stretches of water were not navigable.”  The Montana Supreme Court’s opinion also drew PPL Montana’s ire by considering what the company alleges are flawed contemporary studies, as well as recent recreational uses of certain stretches of the rivers, to support the finding that the rivers are held in total by the state in trust for present and future generations.

One of the foremost experts in natural resources and water law, Professor Rick Frank, notes on Legal Planet that the U.S. Supreme Court has not addressed navigability in the context of state public trust claims for several decades.  How the Supreme Court interprets its time-honored test and identifies what evidence is relevant in its application could have major ramifications for thousands of miles of inland lakes and waterways nationwide.

Should be very interesting.  Stay tuned.

Matt Festa

HOT Lanes Catch Heat in Hotlanta

Wednesday I drove into Atlanta to hear a talk by Rob Teilhet, the new executive director of Georgia Conservation Voters. Rob had some great things to say about finding common ground on environmental policy in this fractious political environment.

On the way home, though, I saw the new HOT (high-occupancy-toll) lanes in Gwinett and DeKalb counties.  HOT lanes are Atlanta's new version of HOV (high-occupancy-vehicle) lanes. Previously one could only use HOV lanes with two or more passengers. HOT lanes can be used by vehicles with three or more passengers, or with two or fewer passengers who have a "Peach Pass" (an electronic window sticker that records tolls to be paid from an account the driver establishes with the State Road and Tollway Authority).  The tolls depend on the distance traveled, and vary by time of day (a version of congestion pricing).

This week is the first week of operation for the HOT lanes, and so far everyone's confused and nobody's happy.  Despite the fact that it was rush hour, I saw absolutely no vehicles in the HOT lane (not even cars or motorcycles, which still travel free).  There were a couple of police cars in the median watching for violators, but otherwise the lane just seemed like an extra big shoulder.  Drivers have been extremely critical, and the Governor's office is lowering tolls to attract drivers and alleviate congestion.

HOT lanes have been touted by conservative commentators a better alternative to HOV lanes.  Philisophically I love the idea of carpooling, but in reality (and since there are no reasonable public transportation options between Athens and Atlanta) I'm often the only occupant of my vehicle, so I'm vaguely considering getting a Peach Pass. We'll see how things work once (or if) they get the kinks worked out.

Jamie Baker Roskie

Ostrow on Land Law Federalism

Ashira Ostrow (Hofstra) has posted Land Law Federalism, 61 Emory L.J. ___ (forthcoming 2012). A must-read, this foundational work explores the theoretical framework for appropriate federal intervention in the state/local-dominated area of land use regulation. Here's the abstract:

In modern society, capital, information and resources pass seamlessly across increasingly porous jurisdictional boundaries; land does not. Perhaps because of its immobility, the dominant descriptive and normative account of land use law is premised upon local control. Yet, land exhibits a unique duality. Each parcel is at once absolutely fixed in location but inextricably linked to a complex array of interconnected systems, natural and man-made. Ecosystems spanning vast geographic areas sustain human life; interstate highways, railways and airports physically connect remote areas; networks of buildings, homes, offices and factories, create communities and provide the physical context in which most human interaction takes place.

Given the traditional commitment to localism, scholars and policymakers often reflexively dismiss the potential for an increased federal role in land use law. Yet, modern land use law already involves a significant federal dimension resulting, in part, from the enactment of federal statutes that have varying degrees of preemptive effect on local authority. Moreover, this Article maintains that federal intervention in land use law is warranted where the cumulative impact of local land use decisions interferes with national regulatory objectives (such as developing nationwide energy or telecommunications infrastructure).

Finally, this Article advances an interjurisdictional framework for federal land law that harnesses (a) the capacity of the federal government, with its distance from local politics and economic pressures, to coordinate land use on a national scale and (b) the capacity of local officials, who have detailed knowledge of the land and are politically accountable to the local community, to implement land use policies.

Jim K.

 

Congestion data, part 3: density and congestion

One common argument for anti-density regulation is that dense population leads to traffic congestion caused by packing lots of cars into a small area. A common counter-argument is that if population is compact enough, people will walk and take transit more and drive less. Does the TTI congestion data support either side?

To test the proposition in a fairly primitive way, I examine the central city* density of the 15 largest urbanized areas, and compare the congestion levels of these cities. In particular, I divide urbanized areas into three categories:

1.High-density regions where central cities have over 10,000 people per square mile- Chicago, New York, Boston, Philadelphia, San Francisco, and Miami. In all but one of these cities (Miami), over 20% of commuters use public transit to get to work.

2. Medium-density regions where central cities have 5000-10,000 persons per square mile- Washington, Seattle, Los Angeles, Detroit. These regions have varying levels of transit ridership. Washington has almost 10,000 persons per square mile and its ridership is comparable to that of the cities in category 1. In the other cities, between 7 and 20% of commuters use transit.

3. Lower-density regions where even central cities have less than 5000 people per square mile- Dallas, Houston, Atlanta, San Diego, Phoenix. In all but one (Atlanta) of these regions, even in the central city less than 5% of commuters used transit.

What do we find? In the high-density regions, hours lost to congestion as of 2010 were as follows: New York (54), Chicago (71), Philadelphia (42), Boston (47), San Francisco (50), Miami (38).

In the medium-density regions, hours lost to traffic were as follows: Washington (74), Los Angeles (64), Seattle (44), Detroit (33).

In the low-density regions, hours lost to traffic were as follows: Atlanta (43), San Diego (38), Phoenix (35), Dallas (45), Houston (57).

The average low-density region lost fewer hours to traffic (43.6) than the medium (53.8) or high (52) density regions.

It nevertheless seems to me that there is no clear pattern here. Although the low-density regions, on the average, suffered from traffic congestion less than regions with compact cities, residents of Houston lost more hours to traffic than residents of New York, Philadelphia or Boston. Moreover, there was no real gap between medium- and high-density cities.

*I use central city density because I think central city density is a better predictor of transit use and automobile dependency than overall regional density. For example, Los Angeles has a fairly high level of regional density but a medium level of central city density, because its population is spread more evenly throughout the metropolitan area than that of other cities. Its transit ridership tends to be on the low side, as compared with New York City which has a very compact central city and very low-density suburbs.

Michael Lewyn

Congestion, part 2

The Texas Transportation Institute has issued its 2011 report on traffic congestion. Although TTI changed its methodology somewhat, the results seem to be pretty similar to those of its last report (which I discussed in a post last week). The recent report, like last year's report, showed that over the past decade, congestion decreased in five of the nation's largest metropolitan areas: Seattle, Atlanta, San Francisco, Los Angeles, and Detroit). And as I discussed in last week's post, these metro areas have a wide variety of approaches to transportation policy: in San Francisco and Detroit, highway lane-miles per person increased, but in the other three, lane-miles actually increased more slowly than population.

It might be argued that congestion decreased in these cities because economic distress reduced the number of commuters. But in fact, the number of commuters actually increased faster than population in most cities. For example, in San Francisco, population increased by only 2% (from 3.93 million to 4 million) between 2000 and 2009, while the number of commuters increased by over 10% (from 1.71 million to 1.87 million)- more than the increase in the number of lane-miles during this period (from 2335 to 2510, or about 7%). When TTI averaged figures for the fifteen largest urban areas, it came up with a similar result: the average big-region population increased by about 10% (from 5.5 million to 6 million) while the number of commuters increased by about 17% (from 2.34 million to 2.73 million). So if you measure transportation demand by the number of commuters rather than the number of humans, it is even clearer that these regions reduced per-capita highway space.

In sum, it appears that a region can reduce congestion without materially increasing highway capacity.

What happened in the regions that most clearly failed to address congestion? In Chicago, New York, Houston and Philadelphia, hours lost to congestion increased by over 20 percent. In three of these four cities, increases in freeway lane-miles actually outpaced increases in population between 2000 and 2009. In Chicago, population increased by 6% and lane-miles by 13%. In Philadelphia, population increased by 6% and lane-miles by 17% (even more than the i14% ncrease in the number of commuters); in Houston, population increased by 11% and lane-miles by 19% (even more than the 17% increase in commuters). In New York lane-miles increased by slightly less than population. While population increased by 10%, lane-miles increased from 6600 to 7220 (just under 10%).

In sum, the regions that reduced congestion generally did not bother to let road capacity catch up with population growth (let alone the usually higher growth in the number of commuters). By contrast, another group of cities that built roads more rapidly experienced rapid congestion growth instead. This data supports the view that the "road lobby" strategy of widening and building limited-access highways does not relieve congestion.

Michael Lewyn

Bicycle Diaries

At our house we just finished reading Bicycle Diaries by David Byrne (Penguin Group 2009).  Byrne, who most know as the lead singer for the rock band Talking Heads, is also an author, conceptual artist, and bike rack designer.  Here's the fly-leaf copy for the book:

Since the early 1980s, David has been riding a bike as his principal means of transportation in New York City. Two decades ago, he discovered folding bikes and started taking them with him when travelling around the world. DB's choice was initially made out of convenience rather than political motivation, but the more cities he saw from his bicycle, the more he became hooked on this mode of transport and the sense of liberation, exhilaration, and connection it provided. This point of view, from his bike seat, became his panoramic window on urban life, a magical way of opening one’s eyes to the inner workings and rhythms of a city’s geography and population.

Bicycle Diaries chronicles David’s observations and insights — what he is seeing, whom he is meeting, what he is thinking about — as he pedals through and engages with some of the world’s major cities. In places like Buenos Aires, Istanbul, San Francisco, and London, the focus is more on the musicians and artists he encounters. Politics comes to the fore in cities like Berlin and Manila, while chapters on New York City, and on the landscaped suburban industrial parks and contemporary ruins of such spots as Detroit, Pittsburgh, and Columbus are more concerned with history in the urban landscape. Along the way, DB has thoughts to share about fashion, architecture, cultural isolation, globalization, and the radical new ways that some cities, like his home town, are becoming more bike-friendly — all conveyed with a highly personal mix of humor, curiosity, and humanity.

Byrne seems remarkable well versed in urban planning - he's a big fan of Jane Jacobs, for example - and he provides many unique insights into transportation policy and city life.  I'm thinking of adding this book to my students' optional reading list.

Jamie Baker Roskie

PS Yes, I realize this is my second rock-band-related post in a row.  Maybe we need a new subject category?