The Economics of Zoning Laws

The Economics of Zoning Laws
Author: William A. Fischel
Publisher: JHU Press
Total Pages: 396
Release: 1987-08
Genre: Business & Economics
ISBN: 9780801835629

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.

Zoning Rules!

Zoning Rules!
Author: William A. Fischel
Publisher:
Total Pages: 416
Release: 2015
Genre: Electronic books
ISBN: 9781558442887

"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.

Land Use Without Zoning

Land Use Without Zoning
Author: Bernard H. Siegan
Publisher: Mercatus Center at George Maso
Total Pages: 298
Release: 2021-02-05
Genre: Nature
ISBN: 9781538148624

The conversation about zoning has meandered its way through issues ranging from housing affordability to economic growth to segregation, expanding in the process from a public policy backwater to one of the most discussed policy issues of the day. In his pioneering 1972 study, Land Use Without Zoning, Bernard Siegan first set out what has today emerged as a common-sense perspective: Zoning not only fails to achieve its stated ends of ordering urban growth and separating incompatible uses, but also drives housing costs up and competition down. In no uncertain terms, Siegan concludes, "Zoning has been a failure and should be eliminated!" Drawing on the unique example of Houston--America's fourth largest city, and its lone dissenter on zoning--Siegan demonstrates how land use will naturally regulate itself in a nonzoned environment. For the most part, Siegan says, markets in Houston manage growth and separate incompatible uses not from the top down, like most zoning regimes, but from the bottom up. This approach yields a result that sets Houston apart from zoned cities: its greater availability of multifamily housing. Indeed, it would seem that the main contribution of zoning is to limit housing production while adding an element of permit chaos to the process. Land Use Without Zoning reports in detail the effects of current exclusionary zoning practices and outlines the benefits that would accrue to cities that forgo municipally imposed zoning laws. Yet the book's program isn't merely destructive: beyond a critique of zoning, Siegan sets out a bold new vision for how land-use regulation might work in the United States. Released nearly a half century after the book's initial publication, this new edition recontextualizes Siegan's work for our current housing affordability challenges. It includes a new preface by law professor David Schleicher, which explains the book's role as a foundational text in the law and economics of urban land use and describes how it has informed more recent scholarship. Additionally, it includes a new afterword by urban planner Nolan Gray, which includes new data on Houston's evolution and land use relative to its peer cities.

A Better Way to Zone

A Better Way to Zone
Author: Donald L. Elliott
Publisher: Island Press
Total Pages: 255
Release: 2012-09-26
Genre: Architecture
ISBN: 1610910559

Nearly all large American cities rely on zoning to regulate land use. According to Donald L. Elliott, however, zoning often discourages the very development that bigger cities need and want. In fact, Elliott thinks that zoning has become so complex that it is often dysfunctional and in desperate need of an overhaul. A Better Way to Zone explains precisely what has gone wrong and how it can be fixed. A Better Way to Zone explores the constitutional and legal framework of zoning, its evolution over the course of the twentieth century, the reasons behind major reform efforts of the past, and the adverse impacts of most current city zoning systems. To unravel what has gone wrong, Elliott identifies several assumptions behind early zoning that no longer hold true, four new land use drivers that have emerged since zoning began, and basic elements of good urban governance that are violated by prevailing forms of zoning. With insight and clarity, Elliott then identifies ten sound principles for change that would avoid these mistakes, produce more livable cities, and make zoning simpler to understand and use. He also proposes five practical steps to get started on the road to zoning reform. While recent discussion of zoning has focused on how cities should look, A Better Way to Zone does not follow that trend. Although New Urbanist tools, form-based zoning, and the SmartCode are making headlines both within and outside the planning profession, Elliott believes that each has limitations as a general approach to big city zoning. While all three trends include innovations that the profession badly needs, they are sometimes misapplied to situations where they do not work well. In contrast, A Better Way to Zone provides a vision of the future of zoning that is not tied to a particular picture of how cities should look, but is instead based on how cities should operate.

The Oxford Handbook of Urban Economics and Planning

The Oxford Handbook of Urban Economics and Planning
Author: Nancy Brooks
Publisher: Oxford University Press
Total Pages: 1027
Release: 2012-01-12
Genre: Business & Economics
ISBN: 0195380622

This volume embodies a problem-driven and theoretically informed approach to bridging frontier research in urban economics and urban/regional planning. The authors focus on the interface between these two subdisciplines that have historically had an uneasy relationship. Although economists were among the early contributors to the literature on urban planning, many economists have been dismissive of a discipline whose leading scholars frequently favor regulations over market institutions, equity over efficiency, and normative prescriptions over positive analysis. Planners, meanwhile, even as they draw upon economic principles, often view the work of economists as abstract, not sensitive to institutional contexts, and communicated in a formal language spoken by few with decision making authority. Not surprisingly, papers in the leading economic journals rarely cite clearly pertinent papers in planning journals, and vice versa. Despite the historical divergence in perspectives and methods, urban economics and urban planning share an intense interest in many topic areas: the nature of cities, the prosperity of urban economies, the efficient provision of urban services, efficient systems of transportation, and the proper allocation of land between urban and environmental uses. In bridging this gap, the book highlights the best scholarship in planning and economics that address the most pressing urban problems of our day and stimulates further dialog between scholars in urban planning and urban economics.

Zoned in the USA

Zoned in the USA
Author: Sonia A. Hirt
Publisher: Cornell University Press
Total Pages: 258
Release: 2015-02-24
Genre: Social Science
ISBN: 0801454700

Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.

Regulatory Takings

Regulatory Takings
Author: William A. Fischel
Publisher: Harvard University Press
Total Pages: 446
Release: 1995
Genre: Business & Economics
ISBN: 9780674753884

State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

City Rules

City Rules
Author: Emily Talen
Publisher: Island Press
Total Pages: 257
Release: 2012-06-22
Genre: Architecture
ISBN: 1610911768

City Rules offers a challenge to students and professionals in urban planning, design, and policy to change the rules of city-building, using regulations to reinvigorate, rather than stifle, our communities. Emily Talen demonstrates that regulations are a primary detriment to the creation of a desirable urban form. While many contemporary codes encourage sprawl and even urban blight, that hasn't always been the case-and it shouldn't be in the future. Talen provides a visually rich history, showing how certain eras used rules to produce beautiful, walkable, and sustainable communities, while others created just the opposite. She makes complex regulations understandable, demystifying city rules like zoning and illustrating how written codes translate into real-world consequences. Most importantly, Talen proposes changes to these rules that will actually enhance communities' freedom to develop unique spaces.

Order without Design

Order without Design
Author: Alain Bertaud
Publisher: MIT Press
Total Pages: 429
Release: 2024-08-06
Genre: Political Science
ISBN: 0262550970

An argument that operational urban planning can be improved by the application of the tools of urban economics to the design of regulations and infrastructure. Urban planning is a craft learned through practice. Planners make rapid decisions that have an immediate impact on the ground—the width of streets, the minimum size of land parcels, the heights of buildings. The language they use to describe their objectives is qualitative—“sustainable,” “livable,” “resilient”—often with no link to measurable outcomes. Urban economics, on the other hand, is a quantitative science, based on theories, models, and empirical evidence largely developed in academic settings. In this book, the eminent urban planner Alain Bertaud argues that applying the theories of urban economics to the practice of urban planning would greatly improve both the productivity of cities and the welfare of urban citizens. Bertaud explains that markets provide the indispensable mechanism for cities’ development. He cites the experience of cities without markets for land or labor in pre-reform China and Russia; this “urban planners’ dream” created inefficiencies and waste. Drawing on five decades of urban planning experience in forty cities around the world, Bertaud links cities’ productivity to the size of their labor markets; argues that the design of infrastructure and markets can complement each other; examines the spatial distribution of land prices and densities; stresses the importance of mobility and affordability; and critiques the land use regulations in a number of cities that aim at redesigning existing cities instead of just trying to alleviate clear negative externalities. Bertaud concludes by describing the new role that joint teams of urban planners and economists could play to improve the way cities are managed.