The State—Local Regulatory Nexus in US Growth Management: Claims of Property and Participation in the Localist Resistance

1994 ◽  
Vol 12 (4) ◽  
pp. 425-447 ◽  
Author(s):  
T A Clark
Keyword(s):  
Land Use ◽  
Private Property ◽  
Regional Growth ◽  
Growth Management ◽  
Private Investment ◽  
The United States ◽  
Private Land ◽  
Local Participation ◽  
The Public ◽  
Starting Point

Influenced possibly more by volume than substance, some scholars have concluded that significant progress is being realized in state-level land-use regulation in the United States. In truth, more time must pass before a definitive evaluation of the more comprehensive efforts can be made. In this critical paper I examine the statewide growth-management legislation of the four states having tripartite (local—regional—state) administrative hierarchies: Florida, Vermont, Maine, and Georgia. There and elsewhere, numerous structural compromises have won adoption. Bold declarations of regulatory intent are found here often to be wrapped around ambiguous and easily subverted administrative mechanisms and standards. With prima facie evidence of significant structural shortcomings in hand, I then restore focus on the founding debates in search of a synthesis that might be more supportive of regional growth management. Using the theory of local autonomy as a starting point, I disentangle the normative foundations of the Liberal ethic of local participation and ‘control’, and of private rights in property. The centralization of growth management is seen by its proponents as a means to regionalize the ‘public interest’ in land use, positing a new and more expansive norm defining the public's interest in private property. Opponents, on the other hand, resist the public encumbrance of private land, and find in centralization a regionalized ‘public’ desirous of greater control and less amenable to private influence. In these opposing views, however, lies the possibility of less conflicted, more efficacious regional growth-management enactments. Centralization, I conclude, can actually deepen the capacity for ‘local’ participation yet at the same time extend its domain to matters of regional concern. The result can improve the capability of the local state to manage spillovers, achieve more sustainable patterns of growth, and facilitate more satisfactory templates of private investment and equity accumulation.

scholarly journals Picking Up Where the TMDL Leaves Off: Using the Partnership Wild and Scenic River Framework for Collaborative River Restoration

2021 ◽  
Vol 13 (4) ◽  
pp. 1878
Author(s):  
Alan R. Hunt ◽  
Meiyin Wu ◽  
Tsung-Ta David Hsu ◽  
Nancy Roberts-Lawler ◽  
Jessica Miller ◽  
...  
Keyword(s):  
Water Quality ◽  
Environmental Protection Agency ◽  
Bacterial Contamination ◽  
Resource Constraints ◽  
Clean Water Act ◽  
The United States ◽  
Clean Water ◽  
Private Land ◽  
The Public ◽  
Wild And Scenic Rivers

The National Wild and Scenic Rivers Act protects less than ¼ of a percent of the United States’ river miles, focusing on free-flowing rivers of good water quality with outstandingly remarkable values for recreation, scenery, and other unique river attributes. It predates the enactment of the Clean Water Act, yet includes a clear anti-degradation principle, that pollution should be reduced and eliminated on designated rivers, in cooperation with the federal Environmental Protection Agency and state pollution control agencies. However, the federal Clean Water Act lacks a clear management framework for implementing restoration activities to reduce non-point source pollution, of which bacterial contamination impacts nearly 40% of the Wild and Scenic Rivers. A case study of the Musconetcong River, in rural mountainous New Jersey, indicates that the Wild and Scenic Rivers Act can be utilized to mobilize and align non-governmental, governmental, philanthropic, and private land-owner resources for restoring river water quality. For example, coordinated restoration efforts on one tributary reduced bacterial contamination by 95%, surpassing the TMDL goal of a 93% reduction. Stakeholder interviews and focus groups indicated widespread knowledge and motivation to improve water quality, but resource constraints limited the scale and scope of restoration efforts. The authors postulate that the Partnership framework, enabled in the Wild and Scenic Rivers Act, facilitated neo-endogenous rural development through improving water quality for recreational usage, whereby bottom-up restoration activities were catalyzed via federal designation and resource provision. However, further efforts to address water quality via voluntary participatory frameworks were ultimately limited by the public sector’s inadequate funding and inaction with regard to water and wildlife resources in the public trust.

scholarly journals Modeling and Managing Urban Growth at the Rural-Urban Fringe: A Parcel-Level Model of Residential Land Use Change

2003 ◽  
Vol 32 (1) ◽  
pp. 83-102 ◽  
Author(s):  
Elena G. Irwin ◽  
Kathleen P. Bell ◽  
Jacqueline Geoghegan
Keyword(s):  
Land Use ◽  
Land Use Change ◽  
Growth Management ◽  
Smart Growth ◽  
The United States ◽  
Urban Fringe ◽  
Parameter Estimates ◽  
Management Scenarios ◽  
Residential Land ◽  
Residential Land Use

As many local and state governments in the United States grapple with increasing growth pressures, the need to understand the economic and institutional factors underlying these pressures has taken on added urgency. From an economic perspective, individual land use decisions play a central role in the manifestation of growth pressures, as changes in land use pattern are the cumulative result of numerous individual decisions regarding the use of lands. In this study, the issue of growth management is addressed by developing a spatially disaggregated, microeconomic model of land conversion decisions suitable for describing residential land use change at the rural-urban fringe. The model employs parcel-level data on land use in Calvert County, Maryland, a rapidly growing rural-urban fringe county. A probabilistic model of residential land use change is estimated using a duration model, and the parameter estimates are employed to simulate possible future growth scenarios under alternative growth management scenarios. Results suggest that “smart growth” objectives are best met when policies aimed at concentrating growth in target areas are implemented in tandem with policies designed to preserve rural or open space lands.

Suburb

2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Public Interest ◽  
Open Space ◽  
Growth Management ◽  
Land Use Policy ◽  
Montgomery County ◽  
Transit Oriented Development ◽  
Guided Growth ◽  
The Public ◽  
National Reputation

Land use policy is at the center of suburban political economies because everything has to happen somewhere but nothing happens by itself. This book explores how well a century of strategic land-use decisions served the public interest in Montgomery County, Maryland, a suburb of Washington, D.C. Transformed from a rural hinterland into the home of a million people and a half-million jobs, Montgomery County built a national reputation for innovation in land use policy—including inclusive zoning, linking zoning to master plans, preservation of farmland and open space, growth management, and transit-oriented development. A pervasive theme of the book involves the struggle for influence over land use policy between two virtual suburban republics. Developers, their business allies, and sympathetic officials sought a virtuous cycle of market-guided growth in which land was a commodity and residents were customers who voted with their feet. Homeowners, environmentalists, and their allies saw themselves as citizens and stakeholders with moral claims on the way development occurred and made their wishes known at the ballot box. This book evaluates how well the development pattern produced by decades of planning decisions served the public interest.

scholarly journals Socioeconomic factors of the instances of crime among “new” immigration in the United States (late XIX – early XX centuries)

2020 ◽  
pp. 11-22
Author(s):  
Aleksandra Kostyleva
Keyword(s):  
United States ◽  
Private Property ◽  
Criminal Activity ◽  
The United States ◽  
Economic Situation ◽  
Public Image ◽  
Southeast Europe ◽  
Important Place ◽  
The Public ◽  
Xix Century

The primary task of this research is to elucidate the reasons for stereotyping “new” immigrants as dangerous criminals and anarchists in society of the United States. The subject of this research is criminality within the immigration environment, while the object is the immigrants from Southeast Europe and Asia who came to the United States in the second half of the XIX century and surpassed the immigrants from Western and Northern Europe. The author refers to the analysis of social and economic situation of “new” immigrants as the factors that impacted the rise of crime rate in the immigrant quarters. Special attention is given to organized criminal activity and radical political movements, as well as their influence upon the public image of “new” immigrants. The conclusion is made that the representatives of “new” immigration were involved in various unlawful actions, from minor administrative offenses and crimes against private property to murders, robberies and creation of organized criminal communities. An important place among the factors that affected criminalization of immigrants from Southeast Europe and Asia was held by social isolation of immigrant communities, problematic assimilation, and tough economic situation due to intense competition on the job market and high unemployment rate. At the same time, “new” immigrants were no different from the local dwellers in disposition to commit crime: criminal rate among immigrants did not exceed average in the country.

The Social Origins of Property

1993 ◽  
Vol 6 (2) ◽  
pp. 217-248 ◽  
Author(s):  
Joseph William Singer ◽  
Jack M. Beermann
Keyword(s):  
United States ◽  
Private Property ◽  
Foreign Minister ◽  
The United States ◽  
United States Constitution ◽  
The Public ◽  
Core Property ◽  
The Social ◽  
The Supreme Court ◽  
Takings Clause

It was easier to make a revolution than to write 600 to 800 laws to create a market economy.Jiri Dienstbier, Foreign Minister of Czechoslovakia (1990)[I]t would be as absurd to argue that the distribution of property must never be modified by law as it would be to argue that the distribution of political power must never bechanged.Morris Cohen (1927)The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use. When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves “to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole.” To determine when a regulation amounts to a “taking” of property requiring compensation, the Court has rightly stated that the ultimate question is whether the burden of regulation has been unfairly placed on a small class of individuals rather than the public at large. To answer this question, the Court has identified a variety of factors to consider, including the character of the governmental action, (whether the regulation effects a permanent physical invasion, destroys a core property right, or is intended to prevent public harm), whether the regulation interferes with reasonable investment-backed expectations, and the extent of the diminution in value of the property (particularly whether the regulation deprives the owner of any economically viable use of the property).

scholarly journals Public versus private land use controls in England and the USA

2017 ◽  
Vol 9 (1) ◽  
pp. 18-31 ◽  
Author(s):  
Emily Walsh
Keyword(s):  
Land Use ◽  
Private Property ◽  
Public Law ◽  
Private Land ◽  
Restrictive Covenants ◽  
Content Type ◽  
Theoretical Approaches ◽  
The Usa ◽  
Private And Public ◽  
Land Use Controls

Purpose This paper aims to compare the law with regard to private property rights and restrictions and public controls in England and the USA, and the theoretical debates that surround them, to understand whether the private land use controls of nuisance and restrictive covenants could have a greater role to play or the public law system of planning is the best way to manage land. Design/methodology/approach This paper starts by summarising and comparing, firstly, the private laws of nuisance and restrictive covenants and then laws relating public planning, zoning and takings in England and the USA. It then reviews theoretical approaches taken in both jurisdictions to land use restrictions. Findings The paper concludes that private land use restrictions can only play a limited role in land management in England. Scarcity and cost of available housing necessitate a mechanism by which the state can intervene to remove or modify restrictions to enable alteration and development. The structure of freehold ownership in England and the low take-up of Commonhold as an alternative tenure mean that expansion in the use of private land use restrictions to control the use of land is unfeasible. Originality/value The value of this paper is that it seeks to provide insight into the contested relationship between private and public law and the relationship between property law and planning.

scholarly journals Core Rhizosphere Microbiomes of Dryland Wheat Are Influenced by Location and Land Use History

2019 ◽  
Vol 86 (5) ◽  
Author(s):  
Daniel C. Schlatter ◽  
Chuntao Yin ◽  
Scot Hulbert ◽  
Timothy C. Paulitz
Keyword(s):  
Land Use ◽  
The United States ◽  
Plant Health ◽  
Fungal Communities ◽  
Land Use History ◽  
Wheat Roots ◽  
Core Microbiome ◽  
Cross Domain ◽  
Starting Point ◽  
Wide Range

ABSTRACT The Inland Pacific Northwest is one of the most productive dryland wheat production areas in the United States. We explored the bacterial and fungal communities associated with wheat in a controlled greenhouse experiment using soils from multiple locations to identify core taxa consistently associated with wheat roots and how land use history influences wheat-associated communities. Further, we examined microbial co-occurrence networks from wheat rhizospheres to identify candidate hub taxa. Location of origin and land use history (long-term no-till versus noncropped Conservation Reserve Program [CRP]) of soils were the strongest drivers of bacterial and fungal communities. Wheat rhizospheres were especially enriched in many bacterial families, while only a few fungal taxa were enriched in the rhizosphere. There was a core set of bacteria and fungi that was found in >95% of rhizosphere or bulk soil samples, including members of Bradyrhizobium, Sphingomonadaceae, Massilia, Variovorax, Oxalobacteraceae, and Caulobacteraceae. Core fungal taxa in the rhizosphere included Nectriaceae, Ulocladium, Alternaria, Mortierella, and Microdochium. Overall, there were fewer core fungal taxa, and the rhizosphere effect was not as pronounced as with bacteria. Cross-domain co-occurrence networks were used to identify hub taxa in the wheat rhizosphere, which included bacterial and fungal taxa (e.g., Sphingomonas, Massilia, Knufia, and Microdochium). Our results suggest that there is a relatively small group of core rhizosphere bacteria that were highly abundant on wheat roots regardless of soil origin and land use history. These core communities may play important roles in nutrient uptake, suppressing fungal pathogens, and other plant health functions. IMPORTANCE Plant-associated microbiomes are critical for plant health and other important agroecosystem processes. We assessed the bacterial and fungal microbiomes of wheat grown in soils from across a dryland wheat cropping systems in eastern Washington to identify the core microbiome on wheat roots that is consistent across soils from different locations and land use histories. Moreover, cross-domain co-occurrence network analysis identified core and hub taxa that may play important roles in microbial community assembly. Candidate core and hub taxa provide a starting point for targeting microbiome components likely to be critical to plant health and for constructing synthetic microbial communities for further experimentation. This work is one of the first examples of identifying a core microbiome on a major field crop grown across hundreds of square kilometers over a wide range of biogeographical zones.

scholarly journals A Proposed Collaboration Against Big Tobacco: Common Ground Between the Vaping and Public Health Community in the United States

2015 ◽  
Vol 18 (5) ◽  
pp. 730-736 ◽  
Author(s):  
Theodore L. Wagener ◽  
Ellen Meier ◽  
Alayna P. Tackett ◽  
James D. Matheny ◽  
Terry F. Pechacek
Keyword(s):  
Public Health ◽  
Common Ground ◽  
The United States ◽  
Best Interest ◽  
Public Health Community ◽  
Missed Opportunities ◽  
The Public ◽  
Health Community ◽  
Starting Point ◽  
Health Communities

Abstract An unfortunate conflict is underway between the public health community and the vaping community over e-cigarettes’ harmfulness or lack thereof. This conflict is made worse by an information vacuum that is being filled by vocal members on both sides of the debate; a perceived lack of credibility of public health officials by those in the vaping community; the tobacco industry’s recent involvement in e-cigarettes; and the constant evolution of different styles and types of e-cigarettes. This conflict is avoidable; common ground exists. If both groups rally around what is in their own and the public’s best interest—the end of combustible tobacco—all will benefit significantly. If not, the result may be missed opportunities, misguided alliances, and—ultimately—poorer public health. Implications: This study brings light to the contentious debate between the vaping and public health communities. It addresses how both sides are responsible for bringing misleading information to the public and vocal leaders on both sides are unknowingly intensifying and polarizing the debate-likely at the expense of public health. It also describes how this conflict is avoidable, and provides a starting point for potential positions of common ground against Big Tobacco.

scholarly journals The Publicness of Private Land Use Controls

1999 ◽  
Vol 3 (2) ◽  
pp. 176-190 ◽  
Author(s):  
Gregory S Alexander
Keyword(s):  
United States ◽  
Land Use ◽  
Civil Society ◽  
Public Goods ◽  
The United States ◽  
Legal Regulation ◽  
Private Land ◽  
Residential Community ◽  
Community Associations ◽  
Land Use Controls

Real burdens, or land-use “servitudes” as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, however, the very fact that residential community associations perform many of the same public functions as municipalities creates certain tensions between these associations and the neighbouring municipalities. A fair and equitable resolution of these tensions requires that residential community associations be characterised as quasi-public for the purpose of legal regulation. To date, that view has been impeded by the fact that they are created through private land-use controls. For residential community associations to fulfill their potential to reinvigorate both civil society and the public sphere, they must be viewed for legal purposes as quasi-public, owing certain obligations to the society outside their boundaries.

scholarly journals LAND USE OF THE NALCHIK DISTRICT IN THE EARLY 20th CENTURY

2020 ◽  
Vol 30 (1) ◽  
pp. 146-152
Author(s):  
I.S. Pazov
Keyword(s):  
Land Use ◽  
20Th Century ◽  
Private Property ◽  
Decisive Role ◽  
Private Land ◽  
Economic Relations ◽  
Land Relations ◽  
Hired Labor ◽  
Market Relations ◽  
The Village

This article discusses the relevance of the problems of formation of land relations and land use in the Nalchik district at the beginning of the 20th century. Issues related to the distribution of land plots and their use in the land structure of the region are touched upon. The article analyzes all the land plots of Nalchik, and provides their differentiation by the quality of each of the lands. The author also reveals the importance and role of the factor of pasture economy in the context of land relations. The conclusion is made that the penetration of commercial capital in the period under review played a decisive role in changing land use, radically changing socio-economic relations in the village. In turn, the penetration of capital caused serious problems in the sphere of private land ownership, the reason for this was the inability of the privileged classes to switch to new market relations. Having received the land “on the basis of private property”, many of them found it difficult to effectively organize the landlord economy using hired labor, agricultural machinery, which led to leasing of landowners to wealthy peasants, as a result, most of the land in the district was distributed between large landowners and wealthy peasants.

Sign in / Sign up

Export Citation Format

Share Document