Land Use Policy/Planning

Pasture (29%), Forests (28%), Cropland (17%)

Top Land Uses

Market

Physical characteristics

Location

Government policy

Opposition/support

History

Factors that influence land use

No mention of land use planning in the constitution

Commerce clause

Uses federal funding grants or withholding funds to influence states behavior

Authority for National Planning

Home Rule/ Dillon’s Rule

Limits of Local Government Power

grants broader autonomy to local governments - about 15 states

Home Rule

Local government posses the following powers:

Those grants in express words

Those necessary or fairly implied

Those essential to the accomplishment of declared objectives

Dillon’s Rule

Can sell or exchange specific rights (bundle of sticks)

Fee Simple Ownership

Public use (libraries, schools, parks, dams…)

Just compensation (fair market value)

Takings must be…

Restrictive regulations prevent free use of property

Ex: coal extraction causing land subsidence

Regulatory Taking

Eminent domain

Physical Taking

Mainly nutrition

Funds conservation programs

Prioritizes commodity production over conservation practices and agricultural diversification (subsidies for corn, wheat, and dairy… but not fruits/veggies)

Supposed to be renewed every 5 years but is frequently delayed

Farm Bill

Gave the president the power to “set apart and reserve” public lands as forest reserves

1891 Forest Reserve Act

Strengthened the President's authority to establish national forest on public land

1897 Organic Act

Authorizes congress to buy forest lands leveraging commerce clause

1911 Weeks Act

Broadened the mission of the Forest Service to include protection of fish and wildlife, recreation, range and watershed protection, in addition to timber production.

1960 Multiple Use Sustained Yield Act

Incorporated the concept of multiple use into planning processes

1976 National Forests Management Act

Concentrated in West Coast

Gained through purchase and war

Primarily controlled by federal government

Public Lands

Settle war debts (US did not have authority to collect taxes yet)

Primary source of revenues

Strong interest in securing the western border and rewarding war veterans

Why did we give land away?

Land was surveyed into square townships - 6 miles on a side

Valued land equally regardless of ecosystem/resources

Assumes land are distinct and not interconnected

Curvature of the earth

Settlement outpaced surveying

Land Ordinance of 1785

Homestead Acts - 160 acres for nominal fee for 5 years of cultivation

Railroad Companies

Swampland Act - gave land to states

Where did public lands go?

Public lands would remain in federal ownership

Federal Land Policy and Management Act (1976)

Development follows infrastructure

Principle 1

Land use is dynamic

Principle 2

There is no free market for land

Principle 3

Land Use and Environment are Connected

Principle 4

Climate Change and Land Use are Interconnected

Principle 5

Changes in Technology can lead to Changes in Land Use

Principle 6

Harms and Benefits of Different Land Uses are Distributed Unequally

Principle 7

Land Use is Politically Contested

Principle 8

Cultural/Historic Values Often Influence Land Use

Principle 9