Aspects of Urban Growth Exam 1

What was the end result of Regulation?

small, overcrowded housing with minimal sanitation and amenities

What is the definition/purpose of zoning?

Setting aside some land for a specific use

What is eminent domain?

the government can take private property, but they have to compensate you for it

A summary of the 5th amendment

Someone cannot be deprived of life, liberty, or the pursuit of happiness without due process; private property should not be taken for public use without compensation

Definition of geography

the study of spatial organizations and human-environment interactions

What are the goals of Land Use laws?

• effective and productive use of land

• geographic context

• regulate urban form

**** General Model of Land Law Interaction

cultures impact the use of land over time, producing different legal responses

constitutionality underlies these interactions and they are moderated by the Supreme Court

The Supreme Court’s Philosophy on Land Rulings

• supreme court just assumes state gov laws are constitutional

• American Land Use controls are mostly a local government thing

• courts assure governments are acting in a legal/consitutional manner

The Social organization of Land Use in America was influenced by:

English precedent and practice

The fall of Rome caused

the end of urbanism, the end of regional trade, and the beginning of the Dark Ages

The Dark Ages led to

Feudalism

What is Feudal Land Management?

• Prevalent land use system of continential Europe from 9th century - 17th century

Land was not “owned” during the time of Feudal Land Management, but what was it?

It was held by the Crown and allocated to loyal nobles and subdivided among barons. The commonfolk worked these lands in exchange to live on the land.

Why did the commoners work the land and also pay taxes during the post-Roman era?

Upward flow of resources was necessary for security for commoners due to facing constant challenges to survive

What are the three classes of Manorial Lands?

Arable, Pasture, and Waste

What are “Waste” Lands?

lands that had little population and little regulation. An example of this would be wetlands and forests.

What are Arable Lands?

lands high in population and require high regulation.

each household is allotted certain strips of land. Fragmented to ensure that there is some good”, “fair”, and “shitty” land

What are Pasture Lands?

grazing lands for farm animals

households had limits on the number of grazing animals they had

The Feudal Manor consisted of

balance between population and resources

no individual had exclusive rights

necessary limitation on individual greed to preserve long term productivity

led to nobles and peasants having the same rights

Why are the three R’s important?

• The three Rs stand for: Regulation, Redevelopment, and Relocation.

• These began as the urban reforms of the 19th century in Europe.

Regulatory Powers focused on:

urban squalor

Redevelopment was mainly focused on:

urban infrastructure

Relocations focused on:

new towns and development

How did Regulation become a part of the Three Rs?

due to rapid population growth and urbanization in the 1800s. This led to overcrowding and housing demands exceeding supplies.

This caused shortened lifespans from cholera and tuberculosis; also concern about urban squalor

Zoning

The most widespread form of local land use control in the United States

Precursors to Zoning

100 years into the Industrial Revolution in Europe

1890s - American cities are thriving but urban squalor is a thing

The Three R’s morphed into three main avenues of 20th century urban land use reform in the U.S.

• zoning and environmental regulations

• urban revitilization and redevelopment

• suburbanization

Four early 20th century precursors to zoning:

• city beautiful movement

• garden city movement

• skyscrapers

• nuisance and height regulations

What is the City Beautiful Movement?

integrated ideas of municipal art, civic design, and landscape architecture

an example is MacMillan Commission Plan of 1902 for D.C. Mall (washington monument, reflection pool, alla that)

Burnham Plan of Chicago in 1909

radial and circumferential highway networks up to 60 miles to CBD

integrated public transit

system of parks throughout the city and along lakefront

City Beautiful was criticized for

neglecting housing and neighborhood planning needs and also still limited to public controls over public land

Garden City Movement

• lacked unified land-ownership of trust Letchworth model

• U.S. applications lacked emphasis on common public spaces

• Success in heightening receptivity to zoning as an alternative means to similar ends

Skyscrapers

• technological innovations in Chicago steel frame construction techniques

• Led to proliferation of high-rise structures in Chicago, New York, and elsewhere

• concern about public environment led to evolution of pre-zoning height limitations

Nuisance Principle

an extension of the common law

U.S. Supreme Court displayed an increased acceptance of proactive government regulation to minimize or prohibit potential nuisance activities with regard to geographic context

Congressional Bill of 1889

Height limits on structures in D.C. 90-130 feet to enhance views of Washington monument and Capitol building

Hadacheck v Sebastian 1915

upheld an LA ordinance prohibiting the operation of brick kilns within a specified 3 sq miles district in an area recently annexed to a city

The Progressive Movement

concern for congestion (disease ridden tenements, loss of light and air, and inadequate open space)

Benjamin Marsh advocated for

public control over street design and location

advance acquisition of land prior to development

districting or zoning of land to regulate building height and volume

First National Conference on City Planning and Congestion in 1909

Aside from lofty social and aesthetic goals, acceptance of public intervention in the private land market had two final galvanizing causes:

• immediate (and newsworthy)

• The Triangle Shirtwaist Company fire in 1911

Private Ownership

• property owner is the primary Land Use manager

• Public role is essential reactive and not proactive

• Detailed knowledge of legal landscape is crucial to being a Land Use provider

What is the definition of Real Property?

land, improvements, vegetation, subsurface, minerals, and waterbodies; nonmoveable

• real property ownership includes horizontal land surface but also downward and upward rights

What is the definition of Personal Property?

moveable objects owned by an individual such as cars, furniture, and livestock

The entirety of real property rights is known legally as:

fee simple absolute or fee simple (includes both spatial and material rights)

material rights

derive from physical circumstances of the site (soil, minerals, energy sources, flora and fauna, and scenic amenities)

• water and riperian rights

• mineral rights

spacial rights

allow owners to enclose a portion of the air column above the site for usable interior space (may extend downward)

Common Law protections include:

• rights to exclude others (trespass protection)

• the right to be protected from one’s neighbors (“nuisance” protection)

Definition of Nuisance

common law doctrine not to interfere with the rights of neighbors and/or general public

two types of nuisance

Public Nuisance

harmful externality on a wider geographic area (sex stores near elementary schools or something)

normally a violation of existing statute and raises constitutionality issues

Private Nuisance

harmful externality on neighbors (aka noise complaints and things like that)

normally involve civil nuisance suits with lots of room for judicial discretion

property taxes are

levied against real estate

public relations

relate to building codes, zoning, subdivision regulations, and floodplain requirements

fee simple absolute

3-D concept of ownership in perpetuity

Land in fee simple may be:

sold, rented, or dedicated to heirs by will

Life estates and future interests

spouses own real property as joint tenants with rights of survivorship

leaseholds and tenancies

owners of real property can obtain income from land by renting or leasing

easements

limited interest in real property held by general public or individual other than the property owner

easement types include:

utility - rights of access to utility lines, pipelines, cable, etc.

access - right to cross intervening property to building lots that lack street frontage

recreation - public access to bodies of water across private properties

scenic - easement of development rights (aka conservation easement)

covenants

commitments contained in a deed of title affecting ownership of real property

*these are powerful tools of land use control

liens

claims against real property owners by parties whom the owners owe money (normally a mortgage lender or the government seizing ur property bc unpaid taxes)

options

contract between owner and prospective buyer under which the latter has the right to buy property at agreed price within stated time period

Marketability of a property is a function of its

transferrability

Purchase or sale

execution of a contract where legal deed is transferred to the buyer who often borrows a significant amount of purchase price through a bank mortgage