Urban Growth Mid Term Exam

Dr. O UWF

zoning

• system of local laws which divide a city, town, or region into districts for the purpose of regulating land use and building strandards

eminent domain

• power of the government to take private property for public benefit or public use

Bill of Rights

• 1791

• foundational document which takes rights away from the government and gives rights to the people

1st amendment

• amendment to the US Constitution which protects the basic freedoms of religion, speech, press, assembly, and petition

4th amendment

• amendment to the Constitution which protects people from unreasonable searches and seizures of themselves or their property

5th amendment

• amendment to the Constitution which protects people from having their private property taken for public use without proper compensation

US Supreme Court

• highest court in the US judicial system which decides the constitutionality of challenged laws

land

• physical material

• real estate

• investments

• sense of a place

leapfrog development

• pattern of suburban housing developing just outside of city limits, leaving parcels of undeveloped land between residential areas and urban cities to eventually be filled in

police power

• power of the government to enact laws and regulations to protect public health, safety, morals, and general welfare

edge cities

• high concentration of business and facilities in a small area distanced from highly developed cities, rather than being residential only areas

Pennsylvania Coal Co. v. Mahon

• 1922

• landmark case which establishes a taking under the 5th amendment is enacted when regulation “goes too far” in diminishing a property’s value

• key theme: eminent domain & public use

legitimate

• concept that a law, regulation, or ordinance must be efficiently carry out a valid public use and government interest

Mugler v. Kansas

• 1887

• case which established that police power is constitutional and valid if it protects public health and morals

• key theme: police power & public harm

geography

• physical, natural, and social study of spatial organization and human-environment interactions

• ex. spatial organization, scale, function, externalities

spatial organization

• hierarchy of authority in geography

scale

• relationship between the land and level of use in geography

function

• identity of a place in geography

externalities

• positive and negative unintended effects of land use and ownership in geography

laissez-faire

• economic philosophy of the US government from 18th to early 20th century that minimal intervention would promote a free market

land use law

• battle of public interest and private property rights to create efficient and productive land use in a geographic context

• regulates urban form

public interest

• right of the public to safety, health, morals, and general welfare

private property rights

• right of private property owners to exclude others, make profit, contract land, and development land

planning

• rational allocation of land use balancing public interest and private property rights

Platt’s Land Law Interaction Model

• interaction between physical land, culture, and legal work

PLLIM: physical

• the biosphere as altered by human activities

• ex. soil, biota, water, climate

PLLIM: cultural

• land use systems

• ex. mining, agriculture, forestry, recreation, urbanization

PLLIM: legal

• public sector vs private sector interaction through the courts

• public sector: local, state, federal

• private sector: private owners, lenders, interest groups

PLLIM: physical-legal interactions

• environmental perception

PLLIM: physical-cultural interactions

• environmental impacts

• hazard risk

PLLIM: cultural-legal interactions

• economic & social data

• resource management

resource management

• investment decisions

• laws

• regulations

• court decisions

• policies

judicial deference

• presumption of the US supreme court that state and local laws are valid until proven otherwise

City of Ladue v. Horn

• 1986

• case which decided that an ordinance can restrict residential zones based on biological and legal relationships, not “function”

• key theme: ordinances expanded

Moore v. East Cleveland

• 1977

• landmark case which determined an ordinance can restrict residential zones ONLY from unrelated individuals, not biologically related families

• key theme: ordinances restricted

Fall of Rome

• 476 CE

• end of urbanism and regional trade creating a domino effect to modern land use law

feudalism

• 9th - 17th century

• land management system of the crown allocating land to the nobles → subdividing to the barons → maintained by commoners

• no land owned, public > common

common rights

• legal and traditional right of commoners to use and maintain resources on a lord’s estate

tribute

• early taxes given to lords from commoners in return for subsistence, safety, and survival

• upwards flow of security from the commoners to the crown

commoners

• person with traditional and legal rights to common land in feudalism

legal equilibrium

• state of survival and tribute over greed between nobles and peasants bound by customs, not law and rights

arable land

• manorial strips of land allotted to houses, fragmented between good, okay, and poor land in the feudal manor

pasture land

• manorial land used for limited grazing per household in the feudal manor

waste land

• manorial land of undeveloped land

• low pop = low regulation required

Black Death

• 14th century

• extreme pandemic due to urban squalor and resulting in labor shortages but revival of regional trade and urbanism

• led into the Renaissance

enclosure movement

• gradual social and legal revolution from common rights to private rights

• nobles requesting to “enclose” land for peasants to work for pay or relocate

tragedy of the commons

• result of legal equilibrium failing when one or more members of a society overuse common land

global commons

• open access commons provided to all people

• ex. oceans, atmosphere, cyberspace

closed access commons

• small and social units of commons defined by locality and geography

• ex. pastureland managed by a noble

federalism

• transition back to regional trade, urban markets, and private ownership

• ex. revival of Paris, London

middle class

• class of people responsible for manufacturing and commerce in a municipality

urban markets

• concentrated system of commerce, labor, and consumer demand in highly developed city centers

municipal corporations

• local government entity granted self-governance by the state

• public city acting like a private business

municipal ordinances

• local law enacted by a municipal ordinance within the geographic boundaries of the area

• purposes:

  • enhance public morals, health, and safety in an urban environment

  • prevent and punish offenses against trade and commerce

Common Law Doctrine

• legal principle determined by a court on a case-by-case basis

legal precedent

• decision of a previous court decision serving as reference for future decisions on similar cases

trespass/encroachment

• entry onto land by a person or structure without permission or legal justification against a private property owner’s right to exclude others from their property

nuisance

• externalities of unfavorable actions by private owners

• ex. blocking air/light, pollution, noise, odor

The Great Fire

• 1666

• London fire burning for five days due to overcrowding, narrow twisting streets, tightly spaced structures, wood materials, overhanging upper stories, and lack of public access to navigable water

Act for Rebuilding London

• 1667

• genesis of modern town planning following The Great Fire to decrease risks of urban ills, although it lacked institutional structures to enforce the changes

• changes:

  • stone and brick exteriors > wood exteriors

  • increased street width

  • public access to waterfront

  • relocation of public nuisance activities

  • height restrictions

  • compensation to property owners affected by new public regulations

public regulations

• laws made to protect public welfare from private ownership issues

• core powers:

  • police power

  • eminent domain

  • taxation

  • escheat

escheat

• public right to claim property that has been abandoned or ownerless for a long period of time

Euclid v. Ambler

• 1926

• landmark case which established the validity of zoning through police power to protect the public from a nuisance of unfitting land use

• “pig in a parlor”

• key theme: zoning

Euclid

• suburb in Cleveland, Ohio with a comprehensive zoning plan to divide the town into 6 use districts, 3 height districts, and 4 area districts

• goal: prevent fires, reduce traffic, and restrict pollution in residential areas

Ambler Realty Co.

• corporation owning 68 acres of vacant land in Euclid, Ohio falling within multiple use districts

• property value decreased through the prevention of industrial development in certain portions of land

• claimed a “taking” without due process

14th amendment

Euclidian Zoning

• modern zoning system restricting land uses into specific geographic districts

• unintentionally added to urban sprawl, automobile dependence, and socio-economic segregation

  • ex. separating multi family and single family housing districts

Public Sanitary Reform

• 19th century

• massive health campaign to increase amenities and sanitation and decrease overcrowding and urban squalor

• beginning of Regulation in The 3 R’s

The 3 R’s

• 3 fundamental avenues of public and private response to urban deterioration in Europe

• Regulation, Redevelopment, and Relocation

Regulation

• urban reform focused on decreasing urban squalor

Redevelopment

• urban reform focused on improving urban infrastructure

Relocation

• urban reform focused on the creation of new towns and urban development

Philosophic Radical Group

• 19th century

• group led by Jeremy Bentham advocating for legislative intervention in the marketplace to solve social ills in urban life

• 3 R’s: Regulation

Poor Law Commission

• 1832

• commission dedicated to reviewing the welfare payment structure

• 3 R’s: Regulation

Royal Commission of the State of Large Towns

• 1843

• commission dedicated to advocating improvements to local sanitary systems

• reforms:

  • sanitary surveys

  • delegating responsibility of sanitary regulations to local governments

  • minimum standards and codes

  • public green spaces in industrial cities

• 3 R’s: Regulation

Public Health Act

• 1848

• permissive act establishing local district health boards in areas with high death rate

• 3 R’s: Regulation

John Nash

• influential architect enacting urban improvements and restructing

• ex. Buckingham Palace, Trafalgar Square, St. James Park, Regent Street realignment

• 3 R’s: Redevelopment

Baron von Haussmann

• influential architect working through Napoleonic powers to transform Paris through acquisition, demolition, and replacement of streets

functionalism

Redevelopment Movement

metropolitanism

technocrats

deficit financing

Olmsted Parks

utopia

Robert Owen

Ebenezer Howard

Garden Cities of Tomorrow

property owner

real property

personal property

material rights

personal property

material rights

spatial rights

fee simple absolute

common law protections

green sticks

red sticks

public nuisance