Religious Buildings Need Not Apply

2020 ◽  
pp. 59-76
Author(s):  
Robert Brenneman ◽  
Brian J. Miller
Keyword(s):  
Local Governments ◽  
Municipal Government ◽  
Differential Treatment ◽  
Religious Groups ◽  
Religious Buildings ◽  
Existing Structure

When religious groups want to purchase land for a new building or alter an existing structure, they may have to apply to a municipal government for approval. When they present a proposal, how often are they approved? Are religious groups treated differently? Looking at zoning proposals from religious groups in three Chicago suburbs over five years, the authors find that although the majority of requests are approved, religious groups do receive differential treatment, and Muslim groups encountered more opposition. Additionally, features of the land and/or building could lead to more conflict, including locations near residences, and different local governments and residents could generate more opposition. These findings suggest the strong desire religious groups can have for their buildings may come in conflict with what neighbors and officials want; this leads to negotiations and occasionally tension.

scholarly journals Condemning Religion: RLUIPA and the Politics of Eminent Domain

2018 ◽  
Author(s):  
Christopher Serkin ◽  
Nelson Tebbe
Keyword(s):  
Local Governments ◽  
Important Implication ◽  
Safety Valve ◽  
Eminent Domain ◽  
The Political ◽  
Religious Groups ◽  
The Supreme Court ◽  
Federal Statute ◽  
The One ◽  
Special Protection

85 Notre Dame Law Review 1 (2009)Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should not give religious assemblies any extraordinary ability to resist condemnation. We offer two principal reasons for this proposal. First, the political economy surrounding condemnation is markedly different from that of zoning, so that broadening the law’s protections beyond zoning to cover outright takings would be unnecessary and ineffective. Second, the costs of presumptively exempting congregations from condemnation are likely to be far higher than the costs of doing so with respect to zoning. In conclusion, we identify an important implication of our argument for the law’s core zoning provision – namely, our proposal invites local governments to circumvent RLUIPA by simply condemning religious property that they find difficult to zone because of the Act. On the one hand, this gives local governments a needed safety valve while, on the other hand, requiring them to pay just compensation to religious groups. Our proposal therefore suggests a powerful compromise.

The Constitutionality of Uncompensated §179D(d)(4) Allocations by State, Local, and Municipal Government Building Owners

2018 ◽  
Vol 16 (1) ◽  
pp. 1-16
Author(s):  
Edward B. Douthett ◽  
Jonathan E. Duchac ◽  
Arthur Petzel
Keyword(s):  
Energy Efficient ◽  
Local Governments ◽  
Municipal Government ◽  
Policy Changes ◽  
State Constitutions ◽  
Cost Of Energy ◽  
Tax Exempt ◽  
Tax Deductions ◽  
State And Local ◽  
Reasonable Argument

ABSTRACT Internal Revenue Code §179D provides accelerated tax deductions to building owners that invest in energy efficient building improvements. However, the value of this incentive for government building owners is limited as these entities are tax exempt. §179D(d)(4) allows state and local governments to realize a portion of these benefits by transferring their §179D deductions to a qualified, taxable, private sector entity in exchange for compensation. This compensation can be used to reduce the governmental entity's cost of energy efficient investments, allowing them and, ultimately, taxpayers to benefit from this incentive. In practice, disagreement exists over a governmental entity's right to compensation in exchange for §179D(d)(4) transfers. These differences have become more visible in recent years, resulting in policy changes by state and local governments, and litigation by state agencies that had not been compensated for these transfers. We contribute to this debate by reviewing and evaluating (1) the arguments against providing compensation in exchange for §179D(d)(4) transfers, (2) the state constitutionality of uncompensated §179D(d)(4) transfers, and (3) recent litigation and policy changes. Our analysis finds little support for arguments against compensated transfers, and a reasonable argument that compensated transfers may be required under most state constitutions.

How can a municipal government continue operations during megadisasters? An analysis of preparedness using complex adaptive systems

2020 ◽  
Vol 29 (5) ◽  
pp. 779-792
Author(s):  
Masahiko Haraguchi
Keyword(s):  
Public Sector ◽  
Complex Adaptive Systems ◽  
Local Governments ◽  
Adaptive Systems ◽  
Municipal Government ◽  
Theory And Practice ◽  
Content Type ◽  
The Public ◽  
Continuity Planning ◽  
Complex Adaptive

PurposeThis paper aims to examine how government continuity planning contributes to strengthening the public sector's emergency preparedness, resulting in enhanced resilience of the public sector. Government continuity plans (GCPs) are a recently focused concept in disaster preparedness, compared to business continuity plans (BCPs) in the private sector. The need for BCPs was widely recognized after the 2011 Great East Japan Earthquake (GEJE) and the 2011 Thailand Floods. However, recent disasters, such as the 2016 Kumamoto Earthquake in Japan, have revealed that local governments without effective GCPs were severely affected by disasters, preventing them from quickly responding to or recovering from disasters. When the GEJE occurred in 2011, only 11% of municipal governments in Japan had GCPs.Design/methodology/approachThe paper analyzes basic principles of government continuity planning using complex adaptive systems (CAS) theory while summarizing recent developments in theory and practice of government continuity planning.FindingsThis research investigates the Japanese experience of GCPs using self-organization, one of the concepts of CAS. A GCP will complement regional disaster plans, which often focus on what governments should do to protect citizens during emergencies but fail to outline how governments should prepare for an emergency operation. The study concludes that GCPs contribute to increased resilience among the public sector in terms of robustness, redundancy, resourcefulness and rapidity.Practical implicationsThis paper includes implications for the development and improvement of a GCP's operational guideline.Originality/valueThis research fulfills an identified need to investigate the effectiveness of a GCP for resilience in the public sector and how to improve its operation using concepts of CAS.

scholarly journals PERSONALITY AS THE MAIN BENEFICIARY OF LOCAL GOVERNMENT

2021 ◽  
Vol 2 (5) ◽  
pp. 7-16
Author(s):  
O. O. Boyarsky
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Municipal Government ◽  
Local Population ◽  
Vulnerable Groups ◽  
Narrow Sense ◽  
Local Authorities ◽  
New Approach ◽  
The Status ◽  
Stateless Person

The article examines the features of the status of a person as the main beneficiary of local self-government. It was revealed that based on the essence of the term "beneficiary", it refers to those persons who receive certain benefits, income or dividends not due to the active exercise of their rights, but to some extent "passively" due to their status or activities of others. It is has established that the very understanding of a person as a beneficiary of local self-government demonstrates a new emphasis in understanding how the municipal government should act and in whose interests. The center of such activity should be a person as a member of the territorial community, and his interests should be satisfied through the adequate activities of local governments determined by such interests. Person as the main beneficiary of local self-government appears: a citizen of Ukraine, a foreign citizen or a stateless person (stateless person) or a refugee; member of the territorial community; a resident of a village, settlement, city or association of villages, settlements, cities it is determined. A new approach to understanding the status of a person – a beneficiary of local self- government in a broad and narrow sense (in a broad sense – in the exercise of local self- government of all its powers, in the narrow – the exercise of local authorities in relation to vulnerable groups). It is determined that the legislation of Ukraine through the prism of the powers of local governments provides clear recipients (beneficiaries), which are mainly those categories of the local population who need various financial, material or other support and assistance – including socially vulnerable or vulnerable members of the territorial community. Thus, a person is a member of a territorial community, and his interests must be satisfied through the adequate activities of local self-government bodies determined by such interests.

scholarly journals Growth, exclusion and vulnerability: evaluation of the socio-spatial transformation of post-apartheid Pretoria-Tshwane (South Africa)

2020 ◽  
Author(s):  
Andre Horn
Keyword(s):  
South African ◽  
Local Governments ◽  
Municipal Government ◽  
Current Approach ◽  
Spatial Transformation ◽  
Spatial Integration ◽  
City Region ◽  
African City ◽  
City Regions ◽  
The City

Apartheid left South African city regions with two major challenges: social integration at a city level and spatial integration at a regional level. The task to finds solutions to these problems was left to municipalities, the lowest level of the three trier government system introduced after 1994. This article critically evaluates the success of the post-apartheid municipal government of Pretoria-Tshwane to address the said challenges in the reorganization of the city region over a 25-year period. The paper starts with a reconstruction of the apartheid city to display its socio-spatial contrasts and to define the challenge of integration and compaction. The investigation is based on literature, census information and observation. The main finding is that the progress made with the integration of the city at both scales is being neutralized by demographic trends, choice of association, urban sprawl, uncertain management, the scale of aspirations, unrealistic expectations and, most of all, municipal incapacity. The failure of the local government of Pretoria-Tshwane to achieve the said goals points to the inefficiency of the current approach that obligates municipalities with the complete task to rectify the dichotomies of the apartheid city system within their regions.  It is advocated that additional governmental entities be implemented to support local governments with the planning and re-development of post-apartheid city-regions.

scholarly journals Women’s Career Advancement Barriers in A Matrilineal Society: The Case of Minangkabau

2020 ◽  
Vol 006 (01) ◽  
pp. 44-51
Author(s):  
Fitria Fitria
Keyword(s):  
Local Governments ◽  
Career Advancement ◽  
Municipal Government ◽  
Quota System ◽  
Work Arrangements ◽  
Women's Career Advancement ◽  
The Hierarchical Structure ◽  
Work Family ◽  
Traditional Area

This study seeks to examine and to compare the patterns of women’s and men’s career advancement in a municipal government located within traditional area of the biggest matrilineal society in the world, the Minangkabau. This research employed a qualitative approach through a case study and suggests that the higher the position, the less the number of women occupying it. Further, this study also aims to explore thebarriers that impede career advancement of the female employees. Women face barriers that become more significant as they climb the hierarchical structure, including lack of experience, job segregation, work-family conflicts, and stereotypes. Applying newpolicies such as a quota system and flexible work arrangements can be implemented to address these issues. This research only studied one municipal region within the Minangkabau. Future and more extensive research can provide a more comprehensive understanding of the situation by observing more local governments

scholarly journals Service Innovation in Local Government: Analysis of Business Information Services in South Sulawesi Province, Indonesia

2018 ◽  
Vol 9 (3) ◽  
pp. 217-224
Author(s):  
Badu Ahmad
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Municipal Government ◽  
Service Innovation ◽  
Innovation Implementation ◽  
South Sulawesi ◽  
Business Information ◽  
Inhibiting Factors ◽  
Local Government Level ◽  
Government Level

Abstract This article aimed to determine and analyze the implementation of innovation forms as well as the factors supporting and inhibiting the implementation of innovation in local government level. The research was conducted in three regions in South Sulawesi province: Bantaeng, East Luwu, and Makassar. The results of the research showed that the service innovation implemented in South Sulawesi was quite varied but has the same objective, i.e giving satisfactory service of business licenses for society. Bantaeng Regency Government implemented click innovation, changes employees’ behavior without illegal charges and license delivery to applicant's home. Similarly, the East Luwu Regency government intensively innovated the management and one-day issuance of business license. While the Makassar Municipal Government focused more on weekend service innovation, delivering and picking up license documents. Supporting factors for service innovation in the three regions were regulation and commitment of the local governments while the inhibiting factors of innovation implementation were the limited fund and incompetent personnel in service duties.

scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

scholarly journals MAIN INTERESTS OF A MEMBER OF THE TERRITORIAL COMMUNITY AS A CONSUMER OF MUNICIPAL SERVICES

2021 ◽  
Vol 2 (5) ◽  
pp. 30-40
Author(s):  
A. A. Kalarash
Keyword(s):  
Public Interest ◽  
Local Governments ◽  
Municipal Government ◽  
Local Population ◽  
Local Communities ◽  
Municipal Services ◽  
The Public ◽  
Full Implementation ◽  
The Status ◽  
Business Entities

The article examines the essence and features of the interests of a member of the territorial community as a consumer of municipal services, clarifying the public interest and the interest of a member of the territorial community, as well as providing characteristics of municipal services and outlining the specifics of the status of a member local governments in the formation and maintenance of such status. The notion of interests of a member of a territorial community as a consumer of municipal services is defined: it is a notion that reflects the aspirations, needs, motives, goals and ideas about the welfare of a member of such a territorial community as a local human community. self- government) through municipal enterprises or involved business entities, which ultimately aim to obtain quality and affordable services to the local population. It was found that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedomsIt was revealed that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedoms. It has been established that for the effective realization of the interests of members of the territorial community as consumers of municipal services, the municipal government, represented by local governments, must have information about the benefits that are important to them. It is noted that the normative indication in the interpretation of local self-government "in the interests of the local population (territorial community)" would not only clearly focus on understanding the purpose for which the institution of local self- government in Ukraine operates and what it is intended for.

Political Determination of Intergovernmental Grants: Evidence from the General Shared Tax in South Korea

2021 ◽  
Vol 19 (2) ◽  
pp. 263-278
Author(s):  
Sungchan Kim ◽  
Soyoung Park
Keyword(s):  
South Korea ◽  
Political Ideology ◽  
Local Governments ◽  
Central Government ◽  
Municipal Government ◽  
Political Influence ◽  
The Political ◽  
Intergovernmental Transfers ◽  
Allocation Mechanism ◽  
Distribution Of Resources

Intergovernmental transfers can help coordinate resource distribution among local governments to address the disparities between them. Local governments in South Korea heavily rely on general shared tax as an unconditional grant from the central government. Yet, the central government modifies factors and weights in the formula to allocate the grants; thus, the final grants might not always reflect the formula accurately. We aimed to empirically investigate the political influence on the allocation mechanism in practice related to the general shared tax in South Korea. We found that political influence, based on the political ideology of the municipal government chief, which is the same as that of the president, affects the amount of increased general shared tax from the central government. This indicates that the framework for the distribution of resources between different levels of governments is neither efficient nor equitable.

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