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132 Terms

1
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Charles Mulford Robinson and George E. Kessler

1907 -City Beautiful design developed for Denver parkways and boulevards; "Windmill" plan

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Hadacheck v Sebastian

1915 - The Court held that an ordinance of Los Angeles, California, prohibiting the manufacturing of bricks within specified limits of the city did not unconstitutionally deprive the petitioner of his property without due process of law, or deny him equal protection of the laws.

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Buchanan v. Warley

1917 - Supreme Court of the United States addressed civil government-instituted racial segregation in residential areas. The Court held unanimously that a Louisville, Kentucky, city ordinance prohibiting the sale of real property to blacks in white-majority neighborhoods or buildings and vice versa violated the Fourteenth Amendment's protections for freedom of contract.

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Harland Bartholomew

1919 - First full-time planner employed in America; worked with St. Louis and then apointed chairman of national capital planning commission by Eisenhower in 1953

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Pennsylvania Coal Co. v. Mahon

1922 - held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. The decision thereby started the doctrine of regulatory taking.

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Village of Euclid V. Ambler Realty Co.

1926 - Established zoning as a valid exercise of police power by local government that in general does nto violate the constitutional protection of the right to the property

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Nectow v. City of Cambridge

1928 - The governmental power to interfere by zoning regulations with the general rights of the land owner by restricting the character of his use cannot be imposed if it does not bear a substantial relation to the public health, safety, morals, or general welfare. The Court found that the zoning ordinance in question made no reasonable sense in placing the Plaintiff’s land in a residential district. The governmental power to interfere by zoning regulations with the general rights of the landowner by restricting the character of his use, is not unlimited, and such restrictions cannot be imposed if it does not bear a substantial relation to the public health, safety, morals or welfare.

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Austin v. Older

1932 - allows limitation on expanding nonconforming use; gas station expansion denied in residentially zoned area

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National Housing Act

1934 - Established FSLIC for insuring savings deposits and FHA for insuring individual home mortgages

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Berman v Parker

1954 - DC Redevelopment Act - DC Redevelopment Land Agency allowed eminent domain for blighted areas; upheld use of eminent domain and deferred to the agency's planning and this was a public purpose and eminent domain necessary for the plan's functioning

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Federal Highway Act

1956 - Congress passed the multibillion dollar Federal Aid Highway Act to create interstate highway system linking all State Capitals and most cities of 50,000 population or more.

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Clean Air Act

1963 - An Act to improve, strengthen, and accelerate programs for the prevention and abatement of air pollution, as amended.

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Demonstration Cities and Metropolitan Development Act

1966 - a federal program that provided grants to cities in the United States to help revitalize them and improve the lives of people living in slums and blighted areas

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Golden V Planning Board of Ramapo

1972 - Recognized growth phasing programs as valid exercises of police power. The Town of Ramapo, New York, enacted a concurrency ordinance prohibiting any proposed development unless developers obtained a special permit. Permits were awarded based on a point system that took into account available municipal facilities in the development area, including sewerage, drainage, roads, firehouses, park and recreation space, and public schools.

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Endangered Species Act

1973 - provides a framework to conserve and protect endangered and threatened species and their habitats both domestically and abroad.

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South Burlington County NAACP v. Township of Mount Laurel [Mount Laurel I]

1975 - Formalized the concept of a regional "fair share" affordable housing burden. The court held that every "municipality must, by its land use regulations, presumptively make realistically possible an appropriate variety and choice of housing ... it cannot foreclose the opportunity of the classes of people mentioned for low and moderate income housing and in its regulations must affirmatively afford that opportunity, at least to the extent of the municipality's fair share of the present and prospective regional need therefore."

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Village of Arlington Heights v. Metropolitan Housing Development Corp.

1977 - Established that discriminatory intent is required to invalidate zoning actions with racially disproportionate impacts. Board denied density variance to construct low and moderate income housing, citing communities deisre to preserve SF housing. Sued for racial discrimination and violation of Equal Protection Clause. However, holding was that there was not proof of discriminatory purpose for denial (consistent with zoning and no comments from board or commission for "invidious purposes."

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Penn Central Transportation Co. v. City of New York

1978 - Introduced a means-end balancing test for regulatory takings and validated historic preservation controls. Citing Euclid, the court argued that diminution in property value alone cannot establish a taking, which must apply to an entire property, not just a "discrete segment" (in this case, air space). In addition, because the landmarks program, which benefited the public, applied to hundreds of properties, Penn Central was not solely burdened by the law.

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Agins V. City of Tiburon

1980 - The test for determining whether a zoning ordinance or governmental regulation will be considered a taking is whether such action “substantially advances” a legitimate state interest. The Court held that a general zoning law can be a taking if the ordinance does not substantially advance a legitimate state interest or denies an owner economically viable use of his land. In spite of its finding of lack of ripeness, the U. S. Supreme Court affirmed the California Supreme Court's holding that the zoning ordinances did not on their face effect an uncompensated taking.

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Metromedia Inc. V. City of San Diego

1981 - Established a high standard for aesthetic regulation of billboards by providing First Amendment protection to commercial firms that advertise goods or services not available at the location of the sign.

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Southern Burlington County NAACP v. Township of Mt. Laurel [Mount Laurel II]

"1983 - Created the model fair housing remedy for exclusionary zoning. Created the model fair housing remedy for exclusionary zoning.

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Follow up to original Mount Laurel after towhsip failed to take enough legislative action to mandate affordable housing regionally. Reviewed criteria for ""fair share"" housing dsributions with the new state development guide plan of Mount Laurel."

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Hawaii Housing Authority v. Midkiff

1984 - Eminent domain used to transfer fee simple from lessees and lessors. Condemnation completed for land (required for eminent domain) to correct land oligopoly and unaffordability.

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Nollan v. California Coastal Commission

1987 - Created "essential nexus" takings test for conditioning development approvals on dedications and exactions. There must be a strong relationship between the problem created by proposed development and the proposed exaction (or mitigation), or else compensation may be required. Permit condition was that the house posed a psychological barrier for people for the public beaches, so easement required for building permit issuance.

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Keystone Bituminous Coal Assoc. v. DeBenedictis

1987 - Sections 4 and 6 of the Subsidence Act did not constitute a taking of petitioners' private property without just compensation, so there was no violation of the Fifth and Fourteenth Amendments. Their entire 'bundle' of property rights ha[d] not been destroyed. the Court listed two factors that must be considered when evaluating whether a taking has occurred. These factors suggest that a land use regulation will be deemed a taking if it 1) "'does not substantially advance legitimate state interests,'" or 2) "'denies an owner economically viable use of his land.

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Lucas v. South Carolina Coastal Council

1992 - Defined categorical regulatory takings and an exception for regulations rooted in background principles of law; compensation to be paid to landowners when regulations deprive them of all economically beneficial land use unless uses are disallowed by title or by state law background principles of private and public nuisances.

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Dolan v. City of Tigard

"1994 - Established a higher standard for takings by extending Nollan's ""essential nexus"" test to require ""rough proportionality”.

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proportionality"" between development impact and conditions.When Dolan applied for a permit to nearly double the size of her store, the local planning commission approved the application on the condition that she dedicate roughly 10 percent of her property, located in the creek's floodplain, toward a flood drainage system and a public pedestrian and bike path. Dolan appealed this exaction. In this case, because the city used vague standards to justify its conditions on development (the proposed landscaping could have been private, and traffic studies did not prove that the public pathway would alleviate traffic), taking 10 percent of Dolan's property was excessive compared to the potential harm of the building expansion."

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City of Edmonds v. Oxford House

1995 - Recognizes that definitions of "family" contained in zoning ordinances that limit who may occupy a dwelling are subject to the requirements of the FHA.

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Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency

2002 - Recognizes that partial, temporary deprivations of property may constitute a taking under the Fifth Amendment, but must be analyzed on a case-by-case basis under the regulatory taking framework of Penn Central.

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Kelo v. City of New London

2005 - Upheld the use of eminent domain for economic development purposes.

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Lingle v. Chevron USA, Inc.

2005 - Agins v. City of Tiburon, the “substantially advances” formula, is not valid precedent to determine whether government regulations of private property effects a taking in violation of the Fifth Amendment.The Hawaii legislature passed a law that did not allow oil companies from converting existing lessee-dealer-owned gasoline stations to company-owned stations, from locating company-operated stations in close proximity to already present lessee-dealer-operated stations, and restrained the amount of rent that an oil company could impose on a lessee-dealer. Chevron brought suit challenging the law as a violation of the Fifth and Fourteenth Amendment. The district court held in Chevrons favor, granting summary judgment. Lingle, the state’s governor, appealed, and the appellate court affirmed. The United States Supreme Court granted certiorari.

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Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection

2010 - The Court held that there was no taking because the submerged land at Florida's shoreline continued to belong to the State even after the State added new sand to extend the beach. Recognizes that states may fill submerged land without constituting a taking on the rights of littoral property owners.

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Koontz v. St. Johns River Management District

"2013 -The Court held that the government may not conditionally approve land-use permits unless the conditions are connected to the land use and approximately proportional to the effects of the proposed land use. This standard even applies when the government does not approve the permit but instead demands that the condition be met before granting the permit.

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of Nollan and Dolan even where (a) the government denies the permit, and (b) the demand is for

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money. The Court remanded for further proceedings on the merits of Koontz's claims. Recognized that monetary exactions are subject to the per se takings test of Nollan and Dolan. The Court held that the government may not conditionally approve land-use permits unless the conditions are connected to the land use and approximately proportional to the effects of the proposed land use. This standard even applies when the government does not approve the permit but instead demands that the condition be met before granting the permit."

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Reed v. Town of Gilbert

2015 - the Court stated that sign codes may regulate many aspects that have nothing to do with a sign's message, including size, building materials, lighting, moving parts, and portability.

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Murr v. Wisconsin

2017 - Created a new test to determine the property unit (the denominator) for a regulatory takings analysis The court applied the three-factor test to conclude that the regulations did not amount to a regulatory taking, focusing on Lots E and F a single property unit. First, the court noted that under state law, Lots E and F merged. Second, the court noted the physical characteristics of the property (contiguous along their longest edge with rough terrain and along the St. Croix River, which was regulated under federal, state, and local law). Third, the restriction was mitigated by the benefits of using the property as a single unit, including increased privacy and recreational space, and the value of the lots taken as a single unit is greater than the value of each lot individually.

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Pumpelly v Greenbay Co

1872 - the property of no person shall be taken for public use without just compensation therefore

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New York State Tenement House Law

1901 - The legislative basis for the revision of city codes that outlawed tenements such as the "Dumbbell Tenement." Lawrence Veiller was the leading reformer.

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FDR Proposal for national highway system

1939

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Federal Aid Highway Act

1962 - Introduced urban planning requirements to highway projects

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Intermodal Surface Transportation Efficiency Act

"1991 - The act presented an overall intermodal approach to highway and transit funding with collaborative planning requirements, giving significant additional powers to metropolitan planning organizations (MPOs).

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ISTEA also provided funds for the conversion of dormant railroad corridors into rail trails; the first rail trail to be funded was the Cedar Lake Regional Rail Trail, in Minneapolis, Minnesota. Established high priority corridors"

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Fixing Americas Surface Transportation Fast Act

2015 - the first Federal law in over ten years to provide long-term funding certainty for surface transportation. The Act authorizes $305 billion over fiscal years 2016 through 2020 for the Department's highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology and statistics programs. With its enactment, States and local governments may now move forward with critical transportation projects, like new highways and transit lines, with the confidence that they will have a Federal partner over the long term.

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Survey research

The method of collecting information by asking a set of pre-formulated questions in a predetermiend sequence in a structured questionnaire to a sample of individuals drawn so as to be representative of a defined population.

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Population

The group you want to generalize to. The entire set of persons that have at least one common characteristic to the researcher.

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Sample

A subset of the population

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Sample statistic

Estimated population parameter. Research focuses on collecting a sample of observations to make inferences about a general population

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Decennial Census

Attempts to count every person with short form but was expensive and time consuming. American Community Survey fills gaps with long form questionnaire

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Title 13 of US Code

Protects confidential information on census. Released in National Archives after 72 years.

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As sample size increases

Standard error decreases

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Sampling frame

The listing of the accessible population from which you’d draw your sample (i.e. using phone book)

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Convenience sampling

Only those who are accessible; non-probability sampling

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Volunteer sampling

People volunteer to be sampled; non-probability sampling

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Non-probability sampling

Ok for descriptive statistics, may introduce survey bias where data collected is not representative of the population

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Simple random sampling

Each individual has an equal chance of being selected for the sample; probability sampling

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Systematic sample

Every Xth individual is selected from the list, starting at a randomly chosen point.

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Stratified Sample

Population may have two or more groups it the study; provides best results by allowing cover of the population and maintains random selection probabilities; probability sampling

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Cluster sample

used when stratified or simple random sampling would be difficult and/or expensive

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Nominal scale

Assignment of numbers or symbols for the purpose of designating subclasses that represent unique characteristics. Two types - renaming and categorical; weakest level of measurement, meaningless to find mean, standard deviations, etc.

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Interval scale

Assignment of numbers for the purposes of identifying ordered relations of some characteristics. Properties of magnitude and intervals; can mathematically look at difference between values. Example: temperature

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Ratio scale

The assignment of numbers for the purpose of identifying ordered relations of some characteristic, the order having arbitrarily assigned and equal interval and absolute zero point. Meets all the mathematical assumptions necessary to perform arithmetic operations.

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Qualitative data

Nominal and sometimes ordinal

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Quantitative data

Interval or ratio

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Dichotomous variable

Fixed value through time (gender, homeownership, etc.)

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Frequency procedure for data analysis

Easiest to sort data from lowest to highest values and count he number of occurrences for each score. Then add percentage of occurrence for each score and find cumulative frequency. Then, group scores into categories. Each value should be mutually exhaustive and not fit into more than 1 category

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Normal distribution

A bell curve ; a probability of distribution that is symmetrical around the mean; mean median and mode same at the center point

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Variance

Measure of how spread out a distribution is. It is computed as the average squared deviation of each number from its mean.

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Standard deviation

square root of the variance

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Linear regression

Used to find the relationship between one dependent or outcome variable and one or more independent or predictor variables. Predicts scores on one variable from the scores on a second variable. Prediction of Y plotted as a function of X to form the best-fitting straight line (regression line). How much does Y depend upon X

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T-test

Hypothesis tests conducted to find out the difference between the averages of two groups is remarkable or not. Only two sets of data can be used. Used to compare two difference data sets and their averages to test whether any relation or significance exists between sets (i.e. how significantly does this data set relate to that data set?)

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Z-test

A statistical test used to determine whether two population means are different when the variances are known and the sample size is large. Similar to t-test but for larger sample size

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Bias

Faulty design of the sampling or the mistakes occurred during the real time survey or both can cause bias in estimates resulting in distorted description of population; not caused by sample size. Two types: measurement bias and non representative sampling bias

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Sampling error

Can be minimized by increasing the size of the sample

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Total error

Sampling error and sampling bias

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Big data

accumulation of data that is too large and complex for processing with traditional database management tools

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Algorithmic bias

Systematic and repeatable errors in a computer system that create unfair outcomes, typically privileging one group of users over others

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Accuracy disparity

A machine-learning model will perform more accurately on some groups relative to others. This can result from the composition of the training data having large asymmetries in how well distinct groups are represented in the dataset compared to others.

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Standard State Enabling Act

1922 - enable zoning regulations in their jurisdictions. It was drafted by a committee of the Department of Commerce and first issued in 1922. This act was one of the foundational developments in land use planning in the United States. It included a grant of power, a provision that the legislative body could divide the local government's territory into districts, a statement of purpose for the zoning regulations, and procedures for establishing and amending the zoning regulations. A legislative body was required to establish a zoning commission to advise it on the initial development of zoning regulations.

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Standard City Enabling Act

1928 -

  1. the organization and power of the planning commission, which was directed to prepare and adopt a "master plan"

  2. the content of the master plan for the physical development of the territory

  3. provision for adoption of a master street plan by the governing body

  4. provision for approval of all public improvements by the planning commission

  5. control of private subdivision of land

  6. provision for the establishment of a regional planning commission and a regional plan

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Metropolitan Statistical Areas

One city with 50,000 or more population or a Census-defined urbanized area and total metropolitan population of 100,000. 258 MSAs in USA

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Consolidated MS

Must meet MSA standard and have a population of 1 million or more. 18 CMSAs in USA

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Urbanized Area

Densely settled areas with population of 50,000 or more. Geographic core of block groups or blocks that have a population density of at least 1,000 per square mile

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Blocks

The smallest unit of 100% tabulation data. Does not cross Census tracts or counties. Average size of 100 people. Generally bounded by visible features and legal boundaries

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Block groups

Groups of blocks within the same Census Tract. Smallest area for which sample size (SF3 and 4) area available. Optimally Block groups contain 1500 people, but range between 300 and 3000

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Census Tracts

As of the 2000 Cesnsus, covers entire USA. 65,000. Optimally contain 4,000 people, but range between 1,000 and 8,000

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Mean Center of Population

Moving to west and southwest

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Census Hierarchy Order

Nation - Regions- Divisions - States- Counties - Places- Census Tracts - Block Groups - Blocks

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2010 Census Trends

South shifting population, nonwhite, intermarriage increase, graying of America, gender shift (towards women) in working places, more grandparent headed households

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Economic base analysis

Theory that posits that activities in an area divide into two categories, basic ( exporting from the region and bringing wealth from outside) and nonbasic (service industries supporting basic industries).

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Location quotient

An analytical statistic that measures a region’s industrial specialization relative to a larger geographic unit (usually the nation). An LQ is computed as an industry’s share of a regional total for some economic statistic (earnings, GDP by metropolitan area, employment, etc.) divided by the industry’s share of the national total for the same statistic. For example, an LQ of 1.0 in mining means that the region and the nation are equally specialized in mining; while an LQ of 1.8 means that the region has a higher concentration in mining than the nation.

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Linear population project method

Best used when historical population has nearly equal increments of growth per period studied. Assumes historical pattern will be maintained, graphed as straight, ascending line

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Exponential cruve

Assumes growth will occur at a constant rate or percentage (compound annual growth rate). Normally accurate for short term projection periods: often overestimates population in the long run. Concave, ascending curve

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Modified exponential curve

Upper limit (buildout) of population is defined. Assumes declining rate or percentage of growth as upper capacity (buildout) is approached. The further out the projection, the closer to buildout. Graphed as convex, ascending curve

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Gompertz growth curve

Exponential, non-linear projection. Assumes growth begins slowly, increases momentum until it reaches the “inflection point” then slows to increments of continuously decreasing rates. Graphed as an S-curve

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Comparative model

Assumes growth is predictable based upon past trends in a different area (“pattern area”)

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Ratio method

Assumes the relationship between a local area and a larger area will remain constant (e.g. municipality to county). Method is sometimes called “shift-share”.

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Cohort-component method

Premise - population change is a function of natural increase (births-deaths) and net migration. Natural increase component - cohort-survival analysis. Migration calculation in various ways. Population cohorts are typically 5-year age ranges