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Land Use Planning
West Virginia University School of Law
McConnell, Joyce E.

8.30 Land Use pp. 1-29
9.8 181-202
9.13 pp. 202-217
9.22 – Nuisance (Village of Euclid etc)
10.3 pp. 84-105
10.6 105-11; 115-17; 123-27
10.11 pp. 221-31; 245-256
10.13 pp 256-276
10.18 pp 277-97, Kelo Case
10.27 pp. 479-503
11.1 327-336; 340-345; 350-358; 362-366
11.29 553-571
 
 
8.23
 
·        Subdivisions
o       Cul-de-sacs
§         Safe, no through traffic, slows down what traffic is there
o       Why?
§         People live in subdivisions because of the American Dream – Individual Home Ownership
o       Most important federal law that contributed to single family home ownership?
§         GI Bill after WWII financing education and mortgages
o       What fuels single home ownership today?
§         Tax credit for the mortgage interest
·        Condominiums and Cooperatives
o       Lenders have been really slow to lend for condominiums and cooperatives that are in the city. 
o       So there is the federal law that allows for the deductions,
§         but
·        there are also lending practices because of risk assessment that make it less likely that people are going to have an incentive for buying something in a Metropolitan Area. 
o       The cost of purchasing the home for the first 5 years is lower because of the tax deductions. So, people keep moving up and getting a higher mortgage and deduct even more money.
·        Suburbs
o       People that live in the suburb are typically demographically the same as you. There are others going through the same experience at the same time. Subdivisions are much cleaner than the city….but not so much as living rurally.
o       We want privacy. Side lots are narrower than front and back lots so there aren’t side windows and you can put up privacy fences
·        Schools
o       Subdivisions are close to good schools. 
o       Our school funding systems are based on property taxes. 
§         The better schools are going to be where the property taxes are higher. 
·        Restrictions and constraints on living
o       There is a lot of control in subdivisions in that you can control who your neighbors will be.
o       Is there a downside to this? 
§         Homogeneity. 
§         There is no diversity, it is lost. 
o       Why would we value not hav

pace alters the way people think and feel. You can build physical space like walkable towns, but can you declare community through this and people will conform. Traditional zoning restricts organic neighborhood growth. 
The argument that suburbs are good are the isolations of the city or the anonymity of the city. Some suburbs do have community. 
The neighborhood towns that we think of as ideal are too expensive for normal people, even most successful people. How can they compete with the affordableness of the suburbs? 
Housing supply and Economic Segregation are important concepts to keep in mind when designing towns and neighborhoods. WV is very economically integrated. 
In order to make walking attractive you have to create attractive places to walk to and stay. There is a difference between what we are willing to do when we have leisure time and what we are willing to do M – F between 9 and 5.