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Land Law and Urban Policy in Context

Land Law and Urban Policy in Context
Author: Thanos Zartaloudis
Publisher: Routledge
Total Pages: 379
Release: 2016-10-14
Genre: Law
ISBN: 131546179X
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This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan’s contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan’s ideas and work, or who have yet to do so.

Condominium Governance and Law in Global Urban Context

Condominium Governance and Law in Global Urban Context
Author: Randy K. Lippert
Publisher: Routledge
Total Pages: 253
Release: 2021-02-09
Genre: Architecture
ISBN: 1000335828
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This book examines condominium, property, governance, and law in international and conceptual perspective and reveals this urban realm as complex and mutating. Condominiums are proliferating the world over and transforming the socio-spatial organization of cities and residential life. The collection assembles arguably the most prominent scholars in the world currently working in this broad area and situated in multiple disciplines, including legal and socio-legal studies, political science, public administration, and sociology. Their analyses span condominium governance and law on five continents and in nine countries: the United States (US), China, Australia, the United Kingdom (UK), Canada, South Africa, Israel, Denmark, and Spain. Neglected issues and emerging trends related to condominium governance and law in cities from Tel Aviv to Chicago to Melbourne are discerned and analysed. The book pursues fresh empirical inquiries and cogent conceptual engagements regarding how condominiums are governed through law and other means. It includes accounts of a wide range of governance difficulties including chronic anti-social owner behaviour, short-term rentals, and even the COVID-19 pandemic, and how they are being dealt with. By uncovering crucial cross-national commonalities, the book reveals the global urban context of condominium governance and law as empirically rich and conceptually fruitful. The book will appeal to researchers and students in socio-legal studies, law, sociology, political science, urban studies, and public administration as well as journalists, social activists, policymakers, and condo owners/board members.

Bringing the Law Back in

Bringing the Law Back in
Author: Patrick McAuslan
Publisher: Routledge
Total Pages: 408
Release: 2021-06-03
Genre:
ISBN: 9781138725416
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This title was first published in 2003. Bringing together the two fields of land reform and law, this volume examines the role the law and lawyers can, should, and do play in developing countries in the evolution of land policies, in land tenure reform, and in the reform of land use and urban planning. Providing both a theoretical and practical perspective it discusses the role of law in both urban land reform, concentrating on reforms in land use and town and country planning law and general national land reform, looking at specific case studies and at more general themes. It provides a coherent set of ideas and philosophies about land reform through the medium of law, which have been developed through reflection and action over a considerable period of time.

Australian urban land use planning

Australian urban land use planning
Author: Nicole Gurran
Publisher: Sydney University Press
Total Pages: 320
Release: 2011
Genre: Architecture
ISBN: 1920899774
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Urban and regional planning is increasingly central to public policy in Australia and internationally. As cities and regions adapt to profound economic, societal and technological shifts, new urban and environmental problems are emerging - from inadequate systems of transport and infrastructure, to declining housing affordability, biodiversity loss and human-induced climate change. Australian urban land use planning provides a practical understanding of the principles, processes and mechanisms for strategic and proactive urban governance. Substantially updated and expanded, this second edition explains and compares the legislation, policy- and plan-making, development assessment and dispute resolution processes of Australia's eight state and territorial planning jurisdictions as well as the changing role of the Commonwealth in environmental and urban policy. This new edition also extends the coverage of planning practice, with a new chapter on planning for climate change, a more detailed treatment of planning for housing diversity and affordability, and a comprehensive analysis of the New South Wales planning system and its evolution over the last 30 years. Nicole Gurran is an associate professor in the Urban and Regional Planning Program at the University of Sydney. Her research focuses on comparative planning approaches to housing, ecological sustainability and climate change. Prior to joining the University of Sydney, she practised as a planner in several state government roles, focusing on local environmental plan-making, environmental management and housing policy. She is on the Executive Board of the International Urban Planning and Environment Association.

Land Use Controls

Land Use Controls
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 922
Release: 2020-10-15
Genre: Law
ISBN: 1454897937
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Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy

Instruments of Land Policy

Instruments of Land Policy
Author: Jean-David Gerber
Publisher: Routledge
Total Pages: 354
Release: 2018-01-17
Genre: Architecture
ISBN: 1315511630
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In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy. This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.

Land Use and Society

Land Use and Society
Author: Rutherford H. Platt
Publisher:
Total Pages: 536
Release: 1996
Genre: Architecture
ISBN:
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A unique and compelling exploration of interactions among law, geography, history, and culture and their joint influence on the evolution of land use and urban form in the United States.

Urban Land Use Planning

Urban Land Use Planning
Author: Philip Berke
Publisher:
Total Pages: 516
Release: 2006
Genre: Architecture
ISBN:
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Divided into three sections, this edition of Urban Land Use Planning deftly balances an authoritative, up-to-date discussion of current practices with a vision of what land use planning should become. It explores the societal context of land use planning and proposes a model for understanding and reconciling the divergent priorities among competing stakeholders; it explains how to build planning support systems to assess future conditions, evaluate policy choices, create visions, and compare scenarios; and it sets forth a methodology for creating plans that will influence future land use change. Discussions new to the fifth edition include how to incorporate the three Es of sustainable development (economy, environment, and equity) into sustainable communities, methods for including livability objectives and techniques, the integration of transportation and land use, the use of digital media in planning support systems, and collective urban design based on analysis and public participation.

Legal Foundations of Land Use Planning

Legal Foundations of Land Use Planning
Author: Jerome G. Rose
Publisher: Routledge
Total Pages: 561
Release: 2017-07-12
Genre: Law
ISBN: 1351509055
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Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.

Land Use Regulation

Land Use Regulation
Author: Daniel P. Selmi
Publisher: Aspen Publishers
Total Pages: 0
Release: 2012
Genre: Land use
ISBN: 9781454810124
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This dynamic casebook focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. It emphasizes the current practice of land use law and cutting-edge urban planning and sustainable development legal and policy issues. The Fourth Edition introduces a wealth of new cases and materials covering such diverse topics as the rights of religious landowners, recent takings law, the effects of the fiscal crisis on local and municipal land use regulations, regulation of green energy projects and other environmental land-use issues, local zoning to regulate marijuana dispensaries and the continuing ethical challenges in the administration of local land use regulations. Thoroughly updated, the revised Fourth Edition presents: The continuing development of the "public use" question in takings law after Kelo, including the legal disputes over when land is sufficiently andquot;blightedandquot; to legally support programs by redevelopment agencies, as in the New York Goldstein and Kaur decisions, and the Supreme Court's most recent takings decision, Stop the Beach Renourishment. he intersection of land use and First Amendment rights, particularly the interplay with the Free Exercise and Establishment Clauses. The steady flow of cases interpreting the rights of religious landowners under the Religious Land Use and Institutionalized Persons Act. The effects of the fiscal crisis on local government land use regulations. The land use effects of "shrinking" cities. Land use regulation of green energy projects, particularly the siting of windmill farms and transmission line corridors. Municipal land use policies that will limit greenhouse gas emissions and implement sustainable development, such as transit-oriented projects. The development of hybrid "public-private" communities that use a combination of common law and public regulations. The effects of using development agreements. The continuing ethical challenges in the administration of local land use regulation. Developments in planning and zoning, such as local zoning to regulate marijuana dispensaries.