Zoning And Property Rights 2nd Edition
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| Author | : Lawrence Wai-chung Lai |
| Publisher | : Hong Kong University Press |
| Total Pages | : 242 |
| Release | : 1998-04-01 |
| Genre | : Business & Economics |
| ISBN | : 962209452X |
The author combines the unique multidisciplinary backgrounds of an academic, a political scientist, a lawyer and an urban planner to provide the reader with a novel and challenging discussion about the economic nature of land use zoning. Besides establishing a coherent framework for zoning based on the Coasian property rights paradigm, the book offers the reader several up-to-date case studies, including the government role in assigning exclusive property rights via marine fish culture zoning in Hong Kong. The observations provided in the case studies make a valuable contribution to the reader's knowledge of both the effects of zoning systems and the value of the property rights framework for analysis. They also have important implications for future town planning exercises. Lawrence Lai has been a Lecturer in economics in the Department of Surveying at the University of Hong Kong since 1989. His research interests are property rights analyses in respect of politics, urban planning and environment. This book will be of value to students working in a wide range of subjects, including the building environment and economics, as well as property professionals and environmental planners.
| Author | : Patrick J. Rohan |
| Publisher | : |
| Total Pages | : |
| Release | : 1977 |
| Genre | : Land use |
| ISBN | : |
| 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.
| Author | : Robert R. Wright |
| Publisher | : West Publishing Company |
| Total Pages | : 424 |
| Release | : 1985 |
| Genre | : Business & Economics |
| ISBN | : |
| Author | : W. Thomas Hawkins |
| Publisher | : Taylor & Francis |
| Total Pages | : 315 |
| Release | : 2021-06-28 |
| Genre | : Law |
| ISBN | : 1000394050 |
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
| 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.
| 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.
| Author | : Laitos |
| Publisher | : Wolters Kluwer |
| Total Pages | : 1344 |
| Release | : 2018-11-14 |
| Genre | : Law |
| ISBN | : 1543802362 |
Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
| Author | : George Asimos |
| Publisher | : |
| Total Pages | : |
| Release | : |
| Genre | : Conveyancing |
| ISBN | : 9781732564091 |
| 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.
