Select Page

Land Use Planning
University of North Carolina School of Law
Brown, Carol N.

Questions About Film:

1) What are the basic property principles at play?
2) Look at the landlord tenant issues…
3) What can lawyers do to resolve or above the problems at play?

Why did we watch the film?

· Avoidance Measures

CHAPTER 1: AN INTRODUCTION TO LAND USE CONTROLS

A. WHY LAND USE CONTROLS?

Traditionally government regulation (zoning) was seen as a means for addressing gaps:

Avoid future nuisances and conflicts by managing potentially incompatible adjacent uses
Avoid health and safety hazards;
Manage some forms of “externalities”(e.g. noise, overcrowding)
Make public services feasible (e.g. density and road requirements)
Protect citizens from surprises resulting from poor development practices (road access, septic capacity, etc. in subdivision context)

Land use regulation has increasingly served additional goals:

Foster tax base and economic welfare
Address preservation concerns: historic, agricultural, special natural sites
Address aesthetics
Provide a range of housing options that are inclusive rather than exclusionary
Assure that adequate public facilities and funded and provided in sync with new development (particularly if substantial growth would swamp existing facilities)
Foster mixed uses where people can live and work in proximity (promoting environmentally “smart” and “sustainable” strategies)

Piatt, Land Use and Society: Geography, Law and Public Policy

1. THE CHALLENGE OF LAND USE POLICY

Piatt, Land Use and Society: Geography, Law and Public Policy

Fischel, The Economics of Zoning Laws: A Property Rights Approach to American Land Use Controls

2. CONFLICT AND CONFLICT RESOLUTION IN THE USE OF LAND

A Note on Various Approaches to the Resolution of Land Use Disputes

Option 1: Voluntary change

Option 2: Purchase the right to change the offending use

Option 3: Compel the owner to change the offending use

a. Efficiency and Equity: Government Intervention and Its Alternatives

Coase Theory:

In a world with no transaction costs everyone would operate in a way that was completely efficient
However, given there are always externalities, this is impossible
When we dealt with the example of the person who owned a parcel of land and the neighbors felt as though they would be burdened by it, there are problems of:

Free riders
Community values, etc.

Heikkila, The Economics of Planning

Michelman, Property, Utility and fairness: Comments on the Ethical Foundations of “Just Compensation” Law

b. Other Private Ordering Solutions to Land Use Conflict Problems: Covenants and Nuisance

B. LAND USE CONTROLS: AN INTRODUCTION TO PLANNING

1. THE LOCAL COMPREHENSIVE PL

housing and affordability);
provisions for siting major state facilities,
dealing with areas of critical state concern,
developments of regional impact

A Note on Environmental Justice

b. Regional Planning Agencies and Plans

APA, Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change

Model legislation developed by American Planning Association (“Growing Smart” initiative) includes changes: (Local)

greater emphasis on contents of (and consistency with) comprehensive plan;
unified development ordinances

(zoning, subdivision, site plan review, planned unit development, exactions, impact fees, transferable development rights, corridor maps, natural hazards, sensitive lands, floodplains, erosion control, affordable housing, infill, brownfields redevelopment, mitigation banking, development agreements, overlay districts);

vested rights

CHAPTER 2: THE CONSTITUTION AND LAND USE CONTROLS: ORIGINS, LIMITATIONS AND FEDERAL REMEDIES

Land Use Control

Solutions apart from regulations