When Private Property Rights Collide With Growth Management Legislation
Calandrillo, Steve P.; Deliganis, Chryssa V.; Woods, Andrea
Over the past century, ever-expanding urban and suburban growth in the United States has offered a clear sign of America’s economic vitality, but it has not come without unique challenges of its own. Indeed, efforts to promulgate “smart growth” legislation as an antidote to suburban “sprawl” have proliferated in the past three decades, but it is time we ask ourselves whether their benefits outweigh their unintended consequences. States and local governments that once enthusiastically touted such legislation are beginning to confront unforeseen obstacles – and litigation – that raise the need for immediate reform. This Article explores the impact of growth management acts on preexisting property rights, noting the inevitable and growing conflicts between the two sides that legislatures (and courts) are increasingly being forced to confront. We assess the problems with creating truly intelligent urban and suburban growth, from political pressures to inconsistent judicial determinations to NIMBYs to constitutional takings jurisprudence.
Volume & Issue:
Cornell; real estate; smart growth; suburban sprawl; sprawl; state government; local government; intelligent growth; planning; NIMBYism; NIMBY; growth management; growth management legislation; municipal zoning; American Dream; Belle Terre decision; Euclid v. Amber Realty; zoning; land values; land use segregation; population density; suburban development; transit-oriented development; mixed-use infill; Phoenix; CityScape; Hawaii; Vermont; Oregon; FLorida; Maine; Rhode Island; Georgia; Washington; Maryland; Pennsylvania; Delaware; Tennessee; Colorado; urban growth boundaries; Oregon Land Use Planning Program; Land Conservation and Development Corporation; LCDC; Land Use Board of Appeals; LUBA; UGB; Rajneeshpuram; Oregon Supreme Court; Tom McCall; Chesapeake Bay; Priority Funding Areas; PFA; Minnesota; urban service areas; enterprise zones; New Jersey; 2020 plan; Virginia; Loudoun County; Horse Country; Dulles International Airport; Washington Dulles; Leesburg; West Virginia; commuters; constitutional takings; jurisprudence; Penn Central; economic impact; leapfrogging growth; viking properties v. holm; Clean Air Act; Clean Water Act; Endangered Species Act; National Environmental Policy Act; National Land Use Planning Act; private property rights reform
Required Publisher Statement: © Cornell University. Reprinted with permission. All rights reserved.
Showing items related by title, author, creator and subject.
Felipe, Jesus; Lanzafame, Matteo; Zhuang, Juzhong (2014-11-01)We estimate the People’s Republic of China’s (PRC’s) potential growth rate in 2012 at 8.7% and at 9.2% for the average of 2008–2012, about the same as the average actual growth rate for this period. This rate is the natural ...
Butterfield, Rex M. (The Department of Veterinary Anatomy, University of Sydney, 1988)Sheep are one of the most important animal agricultural species and how they grow is a topic of interest to farmers and agricultural scientists world-wide. This book, published in 1988, lays the foundation for an understanding ...
Berg, Roy T.; Butterfield, Rex M. (Sydney University Press, University of Sydney, 1976)The concepts in this book about growth and development of cattle are as new now to most cattle producers and even to many animal scientists as they were when it was first published in 1976. Genetic effects - represented ...