April 18, 2006
Award for Kid-Healthy Communities
The American Public Health Assocation recognized five communities that are designed with the health of children in mind:
- Riverside County,CA
- Highlands' Garden Village in Denver, Colorado
- Centennial Place in Atlanta, Georgia
- Delaware County, Ohio
- Winchester Greens in Richmond, Virginia
American Public Health Association Blue Ribbon Case Studies
August 26, 2005
Fast Food Chains Cluster Near Chicago Schools
Researchers from Harvard's School of Public health overlaid maps of fast food chains and schools in Chicago. Surpise, the fast food chains wisely clustered around the schools, often within walking distance. Reporting so far hints at fast food chains targeting children, but the real responsiblity lies within the city planning office -- zoning around schools should not include fast food chains.
Fast Food Chains Cluster Near Schools
August 15, 2005
NYT Living Large, By Design
Are the exurbs the new Republican stronghold?
June 28, 2005
Susette Kelo, et al. v. City of New London, CT, et al.
I haven't had the chance to post about the Supreme Court's recent decision in Kelo v. City of New London, yet. This case strengthens the power of municipalities to take property in the name of "public purpose," even when the public purpose involves economic development via taking property from one private owner and selling it to another private owner. The possibility for abuse of this holding is tremendous, but the Supreme Court ultimately invested the power for future decisions on the limits of eminent domain in the states. The court presumed that the City of New London's actions were valid and found that the Fifth Amendment had not been violated by such application of the use of eminent domain in the public interest. This case harkens back to the most divisive and contested question in land use law and legislation -- is ownership of private property an inherent and individual right, or is it a government granted privilege to claim ownership to a property's "bundle of rights?"
Issue (from FindLaw):
What protection does the Fifth Amendment's public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight, but for the sole purpose of "economic development" that will perhaps increase tax revenues and improve the local economy?
NYTimes: Justices Uphold Taking Property for Development
Justices Thomas, Scalia, and O'Connor dissented, pointing out the original constitutional origin of the takings clause and the possible discriminatory impact of the new ruling. Justice Thomas writes:
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more.
June 20, 2005
Article: Affordable Housing Moratorium Denied
According to Marshfield's affordable-housing plan, the town must add 68 units of affordable homes per year. In years that it meets that goal, it qualifies for an exemption from Chapter 40B, the state's affordable-housing statute, which allows developers to skirt local zoning.
Town Denied Affordable-Housing Waiver
June 17, 2005
Article: Shifting Fair Housing to Elsewhere
Southwest Ranches' proposal to pay other cities to fulfill its affordable housing obligation promotes segregation and violates the federal Fair Housing Act, according to a lawsuit filed in U.S. District Court in Fort Lauderdale.
Affordable Housing Plan Brings Lawsuit
June 15, 2005
L.A. 16 Acre Civic Park
The article mentions affordable housing, but not how much.... and why is a commercial development venture including housing, retail, and a hotel billed under the title of park?
A 16-acre civic park stretching from City Hall to the Los Angeles Music Center would serve as the centerpiece of a downtown redevelopment project approved by city and county officials late last month.
Projected to cost $ 1.8 billion and mainly financed with private funds, the Grand Avenue project calls for building five new skyscrapers to house a boutique hotel, condominiums, and affordable housing, and surrounding them with retail shops, a supermarket, restaurants, and entertainment venues.
L.A. Getting the Ball Rolling on 16-Acre Civic Park Project
land use, real estate, urban design
May 04, 2005
Land Use: Sonoma County Tentative Inclusionary Zoning
The Sonoma County Board of Supervisors tentatively approved 14 ordinances, including a 20% inclusionary zoning ordinance. There will be a final vote in June.
The County will consider the adoption of an inclusionary zoning program that will include a requirement that 20 or more percent of the base units for any subdivision or other residential project consisting of 5 or more units be available for households earning median income or less, that a fee equal to the subsidy cost of producing the affordable units could be paid in-lieu of the units, and that 20 percent of the base units would be required to provide second units affordable to low or very low income households.
Tentative Sonoma County Zoning Ordinances
Article: States Scrutinize School Construction Costs
New Jersey has even put a hold on new land deals, contracts, and change orders under its $8.6 billion facilities project for some of its neediest districts after a review by the state inspector general found “lax and/or nonexistent oversight and accountability” within the state’s School Construction Corp.
Meanwhile, Indiana is near the end of a 120-day moratorium on approving school construction projects. The halt was called by newly inaugurated Gov. Mitch Daniels in his State of the State Address in January to give the state time to review whether too much school construction aid was going to nonacademic frills.
Massachusetts recently formed a school building authority, which moves the audit process for construction projects from the state education department to the state treasurer’s office, partly to devote more people to routine audits of school construction.
And Ohio officials announced earlier this year that they would review and scale back school district plans under a $10 billion statewide building project after finding that some of the districts targeted for the project were seeing declining enrollments.
States Scrutinize School Construction Costs
education, land use, urban design
April 26, 2005
Article: High Rents Drive Away CA Mobile Homeowners
Mobile homeowners being forced out by rising rents -- these days, even mobile home communities show signs of gentrification.
The Housing Authority has been studying the possibility of seeking an eminent domain court order on the property, purchasing Monte del Lago from Equity Lifestyle Properties, then selling it back to a collective of the park's tenants.
High Rents Drive Away California Mobile Home Park Residents
CV studio, land use, planning articles
April 21, 2005
Article: Lawmaker Steps in on Va. Growth
When the legislative branch takes it's work home with it at night.
Rep. Thomas M. Davis III said he will intervene in a contentious local issue by proposing legislation to scale back a massive development planned next to the Vienna Metro station, a project he acknowledges is near his own neighborhood.
Washington Post: Lawmaker Steps in on Va. Growth
April 20, 2005
Paper: Do State Growth Management Regulations Reduce Sprawl?
Jerry Anthony, University of Iowa.
Thirteen states in the United States have adopted state growth management legislation that aims to preserve environmentally sensitive areas, improve the quality of urban areas, and reduce urban sprawl. Although there is a considerable amount of literature describing such policies, there is very little that examines the effectiveness of such policies. The author researched the efficacy of state growth management laws in controlling urban sprawl by examining the change in urban densities in 49 states over a 15-year period. He found that growth-managed states generally experienced a lesser density decline than states without growth management. However, regression analysis revealed that state growth management programs did not have a statistically significant effect in checking sprawl. The author concludes with several suggestions for modifying state regulations to curb sprawl more effectively.
Do State Growth Management Regulations Reduce Sprawl?
Article: Givings - The Flip Side of Takings
Kevin sent along an article about Oregon's November vote on establishing a takings law that grants private property owners the right to just compensation for any public action that decreases their property value. The author points out that private property owners (under this schematic) should be required to compensate the government for public actions that increase their property value -- a system of "givings"...
Givings: The Flip Side of Takings
April 11, 2005
Brief: DOT v. Fortune Federal Savings and Loan Association
Department of Transportation v. Fortune Federal Savings and Loan Association, Supreme Court of Florida, 1988 [532 So.2d 1267]
Continue reading "Brief: DOT v. Fortune Federal Savings and Loan Association"
April 07, 2005
Notes: Land Use - Redevelopment
At what point does the ability of government, acting through a redevelopment agency, to forcibly take property from many private owners and transfer it to one private owner who will redevelop it threaten or undermine the legal foundation of private property?
Fairly straight forward notes...
Continue reading "Notes: Land Use - Redevelopment"
March 30, 2005
Brief: City of Cleburne v. Cleburne Living Center
City of Cleburne v. Cleburne Living Center (CLC), Supreme Court of the United States, 1985, (473 US 432).
Continue reading "Brief: City of Cleburne v. Cleburne Living Center"
Brief: City of Edmonds v. Oxford House, Inc.
City of Edmonds v. Oxford House, Inc., Supreme Court of the United States, 1995, (514 US 725).
Continue reading "Brief: City of Edmonds v. Oxford House, Inc."