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2.7 The Renaissance
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Imperialism Rise in Nationalism • During the French and Industrial Revolution, nationalism continued to inspire nations to increase their political and economic power. • Nationalism became the ideal force in the political, economic, and cultural life in the world, becoming the first universal ideology-organizing all people into a nation state. Nationalism Defined • The strong belief that the interest of a particular nation-state is of primary importance. o Nation-State – a state where the vast majority shares the same culture and is conscious of it. It is an ideal in which cultural boundaries match up with political ones. • As an ideology, it is based on the idea that the individual’s loyalty and devotion to the nation-state surpass other individual/group interests. • Exalting one nation’s belief above all others and placing primary emphasis on promotion of its culture and interests, excluding the interests of others. Changing the World through a Nationalistic Vision • The French Revolution significantly changed the political world and how countries govern. • The Industrial Revolution significantly changed the economic world. • The Age of Imperialism (1870-1914) dramatically changed the political, economic, and social world. What is Imperialism? • Imperialism- The policy of extending the rule of authority of an empire or nation over foreign countries, or of acquiring and holding colonies and dependencies. Power and influence are done through diplomacy or military force. Reasons for Imperialism • There are 5 main motives for empires to seek to expand their rule over other countries or territories: 1. Exploratory • Imperial nations wanted to explore territory unknown to them. • The main purpose for this exploration of new lands was for resource acquisition, medical or scientific research. o Charles Darwin • Other reasons: o Cartography (map making) o Adventure 2. Ethnocentric • Europeans acted on the concept of ethnocentrism o Ethnocentrism- the belief that one race or nation is superior to others. • Ethnocentrism developed out of Charles Darwin’s “survival of the fittest” theory. Philosophers used the theory to explain why there were superior races and inferior races. o This became known as Social Darwinism. • Most imperial nations believed that their cultural values or beliefs were superior to other nations or groups. • Believed imperial conquest would bring successful culture to inferior people. 3. Religious • Imperial expansion promoted a religious movement of people setting out to convert new members of conquered territories. • With the belief that Christianity was superior, missionaries believed it was their duty to spread Christianity to the world. • Christian missionaries established churches, and in doing so, they spread Western culture values as well. • Typically, missionaries spread the imperial nation's language through education and religious interactions. 4. Political • Patriotism and Nationalism helped spur our imperial growth, thus creating competition against other supremacies. • It was a matter of national pride, respect, and security. • Furthermore, European rivalry spurred nations for imperial conquest. Since land equaled power, the more land a country could acquire the more prestige they could wield across the globe. • Empires wanted strategic territory to ensure access for their navies and armies around the world. • The empire believed they must expand, thus they needed to be defended. 5. Economic • With the Industrial Revolution taking place during the same time, governments and private companies contributed to find ways to maximize profits. • Imperialized countries provided European factories and markets with natural resources (old and new) to manufacture products. • Trading posts were strategically placed around imperialized countries to maximize and increase profits. o Such places as the Suez Canal in Egypt which was controlled by the British provided strategic choke hold over many European powers. o Imperial powers competed over the best potential locations for resources, markets, and trade. History of Imperialism • Ancient Imperialism 600 BCE-500 CE o Roman Empire, Ancient China, Greek Empire, Persian Empire, Babylonian Empire. • Middle Age Imperialism (Age of Colonialism-1400-1800s) o Great Britain, Spain, Portugal, France, Netherlands (Dutch), Russia. • Age of Imperialism 1870-1914 o Great Britain, Spain, Portugal, France, Germany, Belgium, Italy, Japan, United States, Ottoman Empire, Russia. • Current Imperialism...? o U.S. Military intervention (i.e. Middle East) o Russia’s Invasion of Ukraine. Imperialism Colonialism • Refers to political or economic control, either legally or illegally. • Refers to where one nation assumes control over the other. • Creating an empire, expanding into neighboring regions and expanding the dominance far outside its borders. • Where a country conquers and rules over other regions for exploiting resources from the conquered country for the conqueror's benefit. • Foreign government controls/governs a territory without significant settlement. • Foreign government controls/governs the territory from within the land being colonized. • Little to no new settlement established on fresh territory. • Movement to settle to fresh territory. Age of Colonialism WHEN? • Started around the late 1400s and ended around the late 1700s/early 1800s. WHY? • Primary Reason: European countries, wished to find a direct trade route to Asia (China & India) and the East Indies. o Quicker and relatively more effective than land routes over Asia. • Secondary Reason: Empire expansion (land power) WHO? • Countries involved: Great Britain, France, Spain, the Dutch & Portugal. • Individuals’ knowns as Mercantilists believed that maintaining imperialized territory and colonizing the region could serve as a source of wealth, while personal motives by rulers, explorers, and missionaries could therefore promote their own agenda. o This agenda being “Glory, God and Gold”. Mercantilism • Mercantilism was a popular and main economic system for many European nations during the 16th to 18th centuries. • The main goal was to increase a nation’s wealth by promoting government rule of a nation’s economy for the purpose of enhancing state power at the expense of rival national power. • It was the economic counterpart of political absolutism. Why did mercantilists want colonies? • Mercantilists believed that a country must have an excess of exports over imports. • By colonizing territory, it provided the nation with indispensable wealth of precious raw materials. • Therefore, the claimed territory served as a market and supplier of raw materials for the mother country. Which, in time, provided an excess of exports for the nation and thus created wealth. o Development of Trading Companies to support this economic system. Hudson Bay Company – (1670). Controlled primarily North America. o Dutch East Indie Trading Company (1682) o East Indian Trading Company (1600) o Royal African Trade Company (1672) WHERE? • European nations begun to colonize the America, India and the East Indies to create a direct trade route. • Great Britain was the leading power in India, Australia and North America, South Africa. • Spain colonized central and South America. • French held Louisiana, coastal land of Africa and French Guinea. • The Dutch built an empire in the East Indies. • The Portuguese was able to take control of present-day Brazil and the southern tip of South America and Japan. Age of Colonialism • As countries started to imperialize these regions, eventually the concept of colonization took hold: • This is what makes the Age of Colonialism extremely different! End of Colonialism • By 1800, colonialism became less popular • Why? o Revolutions (Spain, France & American) o The Napoleonic Wars o Struggle for nationalism and democracy. o Exhausted all money and energy to supervise their colonies. Waiting to wake again • Imperialism would stay quiet for close to 50 years before Great Britain and France’s economies revitalized. • The outbreak of the Industrial Revolution only encouraged and revitalized European nations to begin their conquest for new territory and resources. Age of Imperialism THE SCRAMBLE FOR AFRICA 1870-1914 Conditions Prior to Imperialism of Africa  European interest in exploiting Africa was minimal.  Their economic interests & profit in Africa primarily came through coastal trade that took place during the 1500-1700s.  The slave trade became the main source of European profit.  Furthermore, disease, political instability, lack of transportation and unpredictable climate all discouraged Europeans from seeking territory. Slave Trade & the Trans-Atlantic Slave Voyages  Forced labor was not uncommon during the 13-17th Centuries. Africans and Europeans had been trading goods and people across the Mediteranea for centuries.  This all changed from 1526 to 1867, as a new system of slavery was introduced that became highly “commercialized, racialized and inherited”  By 1690, the America and West Indies saw approximately 30,000 African people shipped from Africa. A century later, that number grew to 85,000 people per year.  By 1867, approximately 12.5 million people (about twice the population of Arizona) left Africa in a slave ship. What Changed? 1. End of the Slave Trade- Left a need for trade between Europe and Africa. 2. Innovation in technology- The steam engine and iron hulled boats allowed Europe 3. Discovery of new raw materials- Explorers located vast raw materials and resources and this only spurred imperialism with Europe in the wake of the Industrial Revolution. 4. Politics- Unification of Germany and Italy left little room to expand in Europe. Germany and Italy both needed raw materials to “catch up” with Britain and France so they looked to Africa. The Scramble for Africa  The scramble started in 1870.  Although some coastal land had previously been acquired before 1870, the need for territory quickly accelerated as European countries looked t get deeper into Africa.  Within 20 years, nearly all continents were placed under imperialistic rule. Who was Involved?  Great Britain  France  Germany  Italy  Portugal  Belgium  Spain (kind) Violent Affairs  Violence broke out multiple times when European nations looked to claim the same territory.  Germ Chancellor. Otto van Bismarck. Attempted to avert the possibility of violence against the European powers.  In 1884, Bismarck organized a conference in Berlin for the European nations. The Berlin Conference (1884-85)  The conference looked to set ground rules for future annexation of African territory by European Nations.  Annexation is the forcible acquisition and assertion of legal title over one state’s territory by another state, usually following military occupation of the territory.  From a distant perspective, it looked like it would reduce tensions among European nations and avert war.  At the heart of the meeting, these European countries negotiated their claims to African territory, made it official and then mapped their regions.  Furthermore, the leaders agreed to allow free trade among imperialized territory and some homework for negotiating future European claims in Africa was established. Further Path  After the conference, european powers continued to expand their claims in Africa so that by 1900. 90% of the African territory had been claimed. A Turn towards Colonization?  Upon the imperialization of African territory, European nations and little interest in African land unless it produced economic wealth.  Therefore, European governments put little effort and expertise into these imperialized regions.  In most cases, this emat a form of indirect rule. Thus, governing the natin without sufficient settlement and government from within the mother country. Some Exceptions  There were some exemptions through in Africa as colonization was a necessary for some regions i n Africa.  Some regions where diamonds and gold were present. Government looked to protectorate the regions and establish rule and settlement in the regions.  Protectorates: A state controlled and protected by another state for defense against aggression and other law violations. Would  Some examples include South Africa, Botswana, Zimbabwe and Congo. Conclusion  Although it may appear that the Berlin Conference averted war amid the African Scramble, imperialism eventually brought the world into worldwide conflict.  With the continued desire to create an empire by European nations. World War 1 would break out which can be linked to this quest at imperialism.
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Takings and Land Use Regulation

US Constitution 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


The Fundamental State Power: “Police Power”

U.S. Const. 10th Am.:  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

  • “Police Power”:  The power of the State to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals or the promotion of the public convenience and general prosperity.

    • Black’s Law Dictionary, Sixth Ed.

Physical Takings – 5th Amendment

Physical Taking

  • Government uses power of eminent domain

    • Power also granted to utility companies

    • E.g. powerline rights of way, gas pipeline easement (ACP)

  • The power to take your property for public purpose

  • US Const. 5th Am. requires …

    • That property must be put to public purpose

    • Owner must be given just compensation (fair market value) for property

  • Litigation is normally over amount of Fair Market Value


Regulatory Taking

The Fifth Amendment of the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.”

  • Applied to states via 14th Amendment

  • Physical Taking (e.g. highway right of way)

    • clear taking of possession

    • only question is ‘how much is property worth?’

  • Regulatory Taking:

    • Restricting the use of the property to such an extent that it loses majority of its value


Regulatory Taking – Fact Based Inquiry

Penn Central Co. v. New York City, 438 U.S. 124 (1978)

  • Three Part Test:

    1. the economic impact of the regulation on the property owner;

    2. the property owner’s investment backed expectations; and

    3. the “character of the government action.”

  • Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)

    • holding that beachfront regulations that prevented the plaintiff from building any habitable structure on his property constituted a categorical taking

  • NC standard:  land owner has been “deprived of all practical use and reasonable value of the property.”

    • King v. Ward, 207 N.C. 782 (1935)


Recent Case: Ideker Farms, Inc. v US, 71 F.4th 964 (Fed. Cir. 2023)

Federal law (1944) allows construction of dams on Missouri River (to protect farmland from flooding)

  • Army Corps of Engineers allows releases to protect habitat for listed species under Endangered Species Act

    • Flooding of farmlands = loss of crops

  • Court provides valuation baseline of land post-flood control, factoring improvements farmers have made for production (since protected from flooding)

  • Holds that dam releases are a compensable taking (sometimes called ‘inverse condemnation’)


Zoning

Police power of state and local governments to protect public health, safety, and the general welfare

  • Zoning is an exercise of a state’s police power restrained by

  • The Fifth Amendment

    • Applies due process

    • …“nor shall private property be taken for public purpose without just compensation”

Concept of Zoning

Goals:

  • Separate incompatible uses that have traditionally resulted in nuisances and litigation

    • Eliminate public nuisances

    • Pre-emptively eliminate private nuisances (incompatible adjacent uses)

  • Environmental protection

    • Preserve open space

    • Protect watershed (lower lot densities = more pervious surface)

    • Protect wetland areas

    • Protect wildlife habitat

Legal basis of zoning

Village of Euclid v. Ambler Reality Co. [272 U.S. 365 (1926)]

  • Village of Euclid was a suburb of Cleveland, Ohio

  • Valid exercise of police power

  • Must follow a Master or Comprehensive plan

    • Zoning cannot be arbitrarily applied

    • § 153A-341 (a) Zoning regulations shall be made in accordance with a comprehensive plan.

North Carolina Zoning Definition

“regulation by a local governmental entity of the use of land within a given community, and of the buildings and structures which may be located thereon, in accordance with a general plan.” Chrismon v. Guilford County, 322 N.C. 611, 617, 379 S.E.2d 579, 583 (1988).

“Fundamentally, the primary purpose of . . . zoning ordinances is to specify the types of land use activities that are permitted, and prohibited, within particular zoning districts.” Lanvale Properties, LLC v. County of Cabarrus, 366 N.C. 142, 158, 731 S.E.2d 800, 811–812 (2012)

County Zoning – Requires Statutory Authorization

  • Dillon’s Rule – counties and localities cannot act without authority from the state

  • § 153A-340. Grant of power. (a) For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt zoning and development regulation ordinances. These ordinances may be adopted as part of a unified development ordinance or as a separate ordinance. A zoning ordinance may regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

Example:  Chatham County Residential Zones (Chatham UDO)

R5 Residential district Primarily for very low density residential developments along the County's rivers and streams which are compatible with protecting the water quality of the rivers and streams.

  • R2 Residential district: Primarily for low density residential development to protect water supply watersheds

  • R1 Residential District: This district is primarily for low to moderate density residential development within the residential-agricultural areas of the jurisdiction.

Changes to Zoning Classification

Zoning allows a particular use, but then area is rezoned to disallow certain uses

  • Requires public hearings

  • New “disallowed use” may continue, known as non-conforming use

  • Owner may continue in current use indefinitely, but cannot change use

    • Cannot change to another non-conforming use

    • Cannot greatly expand existing non-conforming use

  • Does not violate 5th Amendment rights

    • Public hearings afford due process

    • Changes do not deprive owner of all economic use or “investment-backed expectation”

Zoning Changes

Variances

  • Example:  R5 Residential requires ‘set back’ of houses from front, side and back of lot

    • Illustration in recording

  • Request to deviate from prescribed set-backs

  • Conditional Use Permit

    • Legalize a non-conforming use so long as certain uses are met

    • Requires public hearing to allow input from surrounding landowners

    • Example:  area zoned for “Residential-Agricultural”

      • Landowner requests a zone to “light industrial” to permit installation of solar photovoltaic facility

Extra-territorial Jurisdiction

Extension of municipal zoning restrictions outside of city/town limits

  • ETJ based on municipal population

    • ≤ 10,000 residents = 1 mile

    • 10,000 to ≤ 25,000 = 2 miles

    • 25,000 = 3 miles

  • Annexation

    • Process by which a municipality expands

    • Cannot envelop a Bona Fide Farm without permission of owner (see below)

Statutory Standing to Challenge Zoning

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

  • (3 part standing test) is abrogated if state standing statute applies

  • North Carolina General Statute §160A-393

(d)       Standing. - A petition may be filed under this section only by a petitioner who has standing to challenge the decision being appealed. The following persons shall have standing to file a petition under this section:

(1)        Any person meeting any of the following criteria:

a.         Has an ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.

b.         Has an option or contract to purchase the property that is the subject of the decision being appealed.

c.         Was an applicant before the decision-making board whose decision is being appealed.

(2)        Any other person who will suffer special damages as the result of the decision being appealed.

(3)        An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.


Public Nuisance Abatement Authority

§ 153A-121.  General ordinance-making power.

  • (a)        A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances.

  • § 153A-140.  Abatement of public health nuisances.

  • A county shall have authority, subject to the provisions of Article 57 of Chapter 106 of the General Statutes, to remove, abate, or remedy everything that is dangerous or prejudicial to the public health or safety. Pursuant to this section, a board of commissioners may order the removal of a swimming pool and its appurtenances upon a finding that the swimming pool or its appurtenances is dangerous or prejudicial to public health or safety. The expense of the action shall be paid by the person in default, and, if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. The authority granted by this section may only be exercised upon adequate notice, the right to a hearing, and the right to appeal to the General Court of Justice. Nothing in this section shall be deemed to restrict or repeal the authority of any municipality to abate or remedy health nuisances pursuant to G.S. 160A-174, 160A-193, or any other general or local law. This section shall not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to this section. (1981 (Reg. Sess., 1982), c. 1314, s. 1; 2002-116, s. 2.)


Bona Fide Farm Status - Zoning

Exemption from County zoning restrictions

  • Not an exemption from NC Building Code requirements

  • Safe Harbors NCGS §153A-340

    • A farm sales tax exemption certificate issued by the Department of Revenue.

    • A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.

    • A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

    • A forest management plan

  • FSA Farm Numbers no longer qualify


Coastal Area Management Act

Coastal Area Management Act (NCGS §113A-100 et seq.)

  • The Coastal Zone Management Act

  • Requires coastal states to apply land-use controls

  • Program for protection, preservation, orderly development and management of coastal NC counties

  • Zoning and Building, etc.

The Coastal Zone Management Act was enacted to help protect coastal zones. Unlike many other federal environmental laws designed to regulate a particular pollutant, the Coastal Zone Management Act is designed to protect an area. States are required to adopt programs that apply land-use controls to protect shorelines. States have a great deal of discretion to define their own programs.

The Oil Pollution Act makes vessels discharging oil liable for cleanup. It imposes strict liability for marine oil spills. There is a three-year statute of limitations for claims. The Act applies to freshwater bodies of water as well as saltwater.

The Marine Protection Act authorizes establishment of National Marine Sanctuaries. There are twelve such sanctuaries. The Act prohibits ocean dumping of sewage sludge and industrial waste.

The Fish and Wildlife Coordination Act requires that other resource development programs be coordinated to protect fish and wildlife. It applies primarily to reservoirs that require a federal permit.

R

Takings and Land Use Regulation

US Constitution 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


The Fundamental State Power: “Police Power”

U.S. Const. 10th Am.:  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

  • “Police Power”:  The power of the State to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals or the promotion of the public convenience and general prosperity.

    • Black’s Law Dictionary, Sixth Ed.

Physical Takings – 5th Amendment

Physical Taking

  • Government uses power of eminent domain

    • Power also granted to utility companies

    • E.g. powerline rights of way, gas pipeline easement (ACP)

  • The power to take your property for public purpose

  • US Const. 5th Am. requires …

    • That property must be put to public purpose

    • Owner must be given just compensation (fair market value) for property

  • Litigation is normally over amount of Fair Market Value


Regulatory Taking

The Fifth Amendment of the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.”

  • Applied to states via 14th Amendment

  • Physical Taking (e.g. highway right of way)

    • clear taking of possession

    • only question is ‘how much is property worth?’

  • Regulatory Taking:

    • Restricting the use of the property to such an extent that it loses majority of its value


Regulatory Taking – Fact Based Inquiry

Penn Central Co. v. New York City, 438 U.S. 124 (1978)

  • Three Part Test:

    1. the economic impact of the regulation on the property owner;

    2. the property owner’s investment backed expectations; and

    3. the “character of the government action.”

  • Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)

    • holding that beachfront regulations that prevented the plaintiff from building any habitable structure on his property constituted a categorical taking

  • NC standard:  land owner has been “deprived of all practical use and reasonable value of the property.”

    • King v. Ward, 207 N.C. 782 (1935)


Recent Case: Ideker Farms, Inc. v US, 71 F.4th 964 (Fed. Cir. 2023)

Federal law (1944) allows construction of dams on Missouri River (to protect farmland from flooding)

  • Army Corps of Engineers allows releases to protect habitat for listed species under Endangered Species Act

    • Flooding of farmlands = loss of crops

  • Court provides valuation baseline of land post-flood control, factoring improvements farmers have made for production (since protected from flooding)

  • Holds that dam releases are a compensable taking (sometimes called ‘inverse condemnation’)


Zoning

Police power of state and local governments to protect public health, safety, and the general welfare

  • Zoning is an exercise of a state’s police power restrained by

  • The Fifth Amendment

    • Applies due process

    • …“nor shall private property be taken for public purpose without just compensation”

Concept of Zoning

Goals:

  • Separate incompatible uses that have traditionally resulted in nuisances and litigation

    • Eliminate public nuisances

    • Pre-emptively eliminate private nuisances (incompatible adjacent uses)

  • Environmental protection

    • Preserve open space

    • Protect watershed (lower lot densities = more pervious surface)

    • Protect wetland areas

    • Protect wildlife habitat

Legal basis of zoning

Village of Euclid v. Ambler Reality Co. [272 U.S. 365 (1926)]

  • Village of Euclid was a suburb of Cleveland, Ohio

  • Valid exercise of police power

  • Must follow a Master or Comprehensive plan

    • Zoning cannot be arbitrarily applied

    • § 153A-341 (a) Zoning regulations shall be made in accordance with a comprehensive plan.

North Carolina Zoning Definition

“regulation by a local governmental entity of the use of land within a given community, and of the buildings and structures which may be located thereon, in accordance with a general plan.” Chrismon v. Guilford County, 322 N.C. 611, 617, 379 S.E.2d 579, 583 (1988).

“Fundamentally, the primary purpose of . . . zoning ordinances is to specify the types of land use activities that are permitted, and prohibited, within particular zoning districts.” Lanvale Properties, LLC v. County of Cabarrus, 366 N.C. 142, 158, 731 S.E.2d 800, 811–812 (2012)

County Zoning – Requires Statutory Authorization

  • Dillon’s Rule – counties and localities cannot act without authority from the state

  • § 153A-340. Grant of power. (a) For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt zoning and development regulation ordinances. These ordinances may be adopted as part of a unified development ordinance or as a separate ordinance. A zoning ordinance may regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

Example:  Chatham County Residential Zones (Chatham UDO)

R5 Residential district Primarily for very low density residential developments along the County's rivers and streams which are compatible with protecting the water quality of the rivers and streams.

  • R2 Residential district: Primarily for low density residential development to protect water supply watersheds

  • R1 Residential District: This district is primarily for low to moderate density residential development within the residential-agricultural areas of the jurisdiction.

Changes to Zoning Classification

Zoning allows a particular use, but then area is rezoned to disallow certain uses

  • Requires public hearings

  • New “disallowed use” may continue, known as non-conforming use

  • Owner may continue in current use indefinitely, but cannot change use

    • Cannot change to another non-conforming use

    • Cannot greatly expand existing non-conforming use

  • Does not violate 5th Amendment rights

    • Public hearings afford due process

    • Changes do not deprive owner of all economic use or “investment-backed expectation”

Zoning Changes

Variances

  • Example:  R5 Residential requires ‘set back’ of houses from front, side and back of lot

    • Illustration in recording

  • Request to deviate from prescribed set-backs

  • Conditional Use Permit

    • Legalize a non-conforming use so long as certain uses are met

    • Requires public hearing to allow input from surrounding landowners

    • Example:  area zoned for “Residential-Agricultural”

      • Landowner requests a zone to “light industrial” to permit installation of solar photovoltaic facility

Extra-territorial Jurisdiction

Extension of municipal zoning restrictions outside of city/town limits

  • ETJ based on municipal population

    • ≤ 10,000 residents = 1 mile

    • 10,000 to ≤ 25,000 = 2 miles

    • 25,000 = 3 miles

  • Annexation

    • Process by which a municipality expands

    • Cannot envelop a Bona Fide Farm without permission of owner (see below)

Statutory Standing to Challenge Zoning

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

  • (3 part standing test) is abrogated if state standing statute applies

  • North Carolina General Statute §160A-393

(d)       Standing. - A petition may be filed under this section only by a petitioner who has standing to challenge the decision being appealed. The following persons shall have standing to file a petition under this section:

(1)        Any person meeting any of the following criteria:

a.         Has an ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.

b.         Has an option or contract to purchase the property that is the subject of the decision being appealed.

c.         Was an applicant before the decision-making board whose decision is being appealed.

(2)        Any other person who will suffer special damages as the result of the decision being appealed.

(3)        An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.


Public Nuisance Abatement Authority

§ 153A-121.  General ordinance-making power.

  • (a)        A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances.

  • § 153A-140.  Abatement of public health nuisances.

  • A county shall have authority, subject to the provisions of Article 57 of Chapter 106 of the General Statutes, to remove, abate, or remedy everything that is dangerous or prejudicial to the public health or safety. Pursuant to this section, a board of commissioners may order the removal of a swimming pool and its appurtenances upon a finding that the swimming pool or its appurtenances is dangerous or prejudicial to public health or safety. The expense of the action shall be paid by the person in default, and, if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. The authority granted by this section may only be exercised upon adequate notice, the right to a hearing, and the right to appeal to the General Court of Justice. Nothing in this section shall be deemed to restrict or repeal the authority of any municipality to abate or remedy health nuisances pursuant to G.S. 160A-174, 160A-193, or any other general or local law. This section shall not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to this section. (1981 (Reg. Sess., 1982), c. 1314, s. 1; 2002-116, s. 2.)


Bona Fide Farm Status - Zoning

Exemption from County zoning restrictions

  • Not an exemption from NC Building Code requirements

  • Safe Harbors NCGS §153A-340

    • A farm sales tax exemption certificate issued by the Department of Revenue.

    • A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.

    • A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

    • A forest management plan

  • FSA Farm Numbers no longer qualify


Coastal Area Management Act

Coastal Area Management Act (NCGS §113A-100 et seq.)

  • The Coastal Zone Management Act

  • Requires coastal states to apply land-use controls

  • Program for protection, preservation, orderly development and management of coastal NC counties

  • Zoning and Building, etc.

The Coastal Zone Management Act was enacted to help protect coastal zones. Unlike many other federal environmental laws designed to regulate a particular pollutant, the Coastal Zone Management Act is designed to protect an area. States are required to adopt programs that apply land-use controls to protect shorelines. States have a great deal of discretion to define their own programs.

The Oil Pollution Act makes vessels discharging oil liable for cleanup. It imposes strict liability for marine oil spills. There is a three-year statute of limitations for claims. The Act applies to freshwater bodies of water as well as saltwater.

The Marine Protection Act authorizes establishment of National Marine Sanctuaries. There are twelve such sanctuaries. The Act prohibits ocean dumping of sewage sludge and industrial waste.

The Fish and Wildlife Coordination Act requires that other resource development programs be coordinated to protect fish and wildlife. It applies primarily to reservoirs that require a federal permit.

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2.7 The Renaissance
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Imperialism Rise in Nationalism • During the French and Industrial Revolution, nationalism continued to inspire nations to increase their political and economic power. • Nationalism became the ideal force in the political, economic, and cultural life in the world, becoming the first universal ideology-organizing all people into a nation state. Nationalism Defined • The strong belief that the interest of a particular nation-state is of primary importance. o Nation-State – a state where the vast majority shares the same culture and is conscious of it. It is an ideal in which cultural boundaries match up with political ones. • As an ideology, it is based on the idea that the individual’s loyalty and devotion to the nation-state surpass other individual/group interests. • Exalting one nation’s belief above all others and placing primary emphasis on promotion of its culture and interests, excluding the interests of others. Changing the World through a Nationalistic Vision • The French Revolution significantly changed the political world and how countries govern. • The Industrial Revolution significantly changed the economic world. • The Age of Imperialism (1870-1914) dramatically changed the political, economic, and social world. What is Imperialism? • Imperialism- The policy of extending the rule of authority of an empire or nation over foreign countries, or of acquiring and holding colonies and dependencies. Power and influence are done through diplomacy or military force. Reasons for Imperialism • There are 5 main motives for empires to seek to expand their rule over other countries or territories: 1. Exploratory • Imperial nations wanted to explore territory unknown to them. • The main purpose for this exploration of new lands was for resource acquisition, medical or scientific research. o Charles Darwin • Other reasons: o Cartography (map making) o Adventure 2. Ethnocentric • Europeans acted on the concept of ethnocentrism o Ethnocentrism- the belief that one race or nation is superior to others. • Ethnocentrism developed out of Charles Darwin’s “survival of the fittest” theory. Philosophers used the theory to explain why there were superior races and inferior races. o This became known as Social Darwinism. • Most imperial nations believed that their cultural values or beliefs were superior to other nations or groups. • Believed imperial conquest would bring successful culture to inferior people. 3. Religious • Imperial expansion promoted a religious movement of people setting out to convert new members of conquered territories. • With the belief that Christianity was superior, missionaries believed it was their duty to spread Christianity to the world. • Christian missionaries established churches, and in doing so, they spread Western culture values as well. • Typically, missionaries spread the imperial nation's language through education and religious interactions. 4. Political • Patriotism and Nationalism helped spur our imperial growth, thus creating competition against other supremacies. • It was a matter of national pride, respect, and security. • Furthermore, European rivalry spurred nations for imperial conquest. Since land equaled power, the more land a country could acquire the more prestige they could wield across the globe. • Empires wanted strategic territory to ensure access for their navies and armies around the world. • The empire believed they must expand, thus they needed to be defended. 5. Economic • With the Industrial Revolution taking place during the same time, governments and private companies contributed to find ways to maximize profits. • Imperialized countries provided European factories and markets with natural resources (old and new) to manufacture products. • Trading posts were strategically placed around imperialized countries to maximize and increase profits. o Such places as the Suez Canal in Egypt which was controlled by the British provided strategic choke hold over many European powers. o Imperial powers competed over the best potential locations for resources, markets, and trade. History of Imperialism • Ancient Imperialism 600 BCE-500 CE o Roman Empire, Ancient China, Greek Empire, Persian Empire, Babylonian Empire. • Middle Age Imperialism (Age of Colonialism-1400-1800s) o Great Britain, Spain, Portugal, France, Netherlands (Dutch), Russia. • Age of Imperialism 1870-1914 o Great Britain, Spain, Portugal, France, Germany, Belgium, Italy, Japan, United States, Ottoman Empire, Russia. • Current Imperialism...? o U.S. Military intervention (i.e. Middle East) o Russia’s Invasion of Ukraine. Imperialism Colonialism • Refers to political or economic control, either legally or illegally. • Refers to where one nation assumes control over the other. • Creating an empire, expanding into neighboring regions and expanding the dominance far outside its borders. • Where a country conquers and rules over other regions for exploiting resources from the conquered country for the conqueror's benefit. • Foreign government controls/governs a territory without significant settlement. • Foreign government controls/governs the territory from within the land being colonized. • Little to no new settlement established on fresh territory. • Movement to settle to fresh territory. Age of Colonialism WHEN? • Started around the late 1400s and ended around the late 1700s/early 1800s. WHY? • Primary Reason: European countries, wished to find a direct trade route to Asia (China & India) and the East Indies. o Quicker and relatively more effective than land routes over Asia. • Secondary Reason: Empire expansion (land power) WHO? • Countries involved: Great Britain, France, Spain, the Dutch & Portugal. • Individuals’ knowns as Mercantilists believed that maintaining imperialized territory and colonizing the region could serve as a source of wealth, while personal motives by rulers, explorers, and missionaries could therefore promote their own agenda. o This agenda being “Glory, God and Gold”. Mercantilism • Mercantilism was a popular and main economic system for many European nations during the 16th to 18th centuries. • The main goal was to increase a nation’s wealth by promoting government rule of a nation’s economy for the purpose of enhancing state power at the expense of rival national power. • It was the economic counterpart of political absolutism. Why did mercantilists want colonies? • Mercantilists believed that a country must have an excess of exports over imports. • By colonizing territory, it provided the nation with indispensable wealth of precious raw materials. • Therefore, the claimed territory served as a market and supplier of raw materials for the mother country. Which, in time, provided an excess of exports for the nation and thus created wealth. o Development of Trading Companies to support this economic system. Hudson Bay Company – (1670). Controlled primarily North America. o Dutch East Indie Trading Company (1682) o East Indian Trading Company (1600) o Royal African Trade Company (1672) WHERE? • European nations begun to colonize the America, India and the East Indies to create a direct trade route. • Great Britain was the leading power in India, Australia and North America, South Africa. • Spain colonized central and South America. • French held Louisiana, coastal land of Africa and French Guinea. • The Dutch built an empire in the East Indies. • The Portuguese was able to take control of present-day Brazil and the southern tip of South America and Japan. Age of Colonialism • As countries started to imperialize these regions, eventually the concept of colonization took hold: • This is what makes the Age of Colonialism extremely different! End of Colonialism • By 1800, colonialism became less popular • Why? o Revolutions (Spain, France & American) o The Napoleonic Wars o Struggle for nationalism and democracy. o Exhausted all money and energy to supervise their colonies. Waiting to wake again • Imperialism would stay quiet for close to 50 years before Great Britain and France’s economies revitalized. • The outbreak of the Industrial Revolution only encouraged and revitalized European nations to begin their conquest for new territory and resources. Age of Imperialism THE SCRAMBLE FOR AFRICA 1870-1914 Conditions Prior to Imperialism of Africa  European interest in exploiting Africa was minimal.  Their economic interests & profit in Africa primarily came through coastal trade that took place during the 1500-1700s.  The slave trade became the main source of European profit.  Furthermore, disease, political instability, lack of transportation and unpredictable climate all discouraged Europeans from seeking territory. Slave Trade & the Trans-Atlantic Slave Voyages  Forced labor was not uncommon during the 13-17th Centuries. Africans and Europeans had been trading goods and people across the Mediteranea for centuries.  This all changed from 1526 to 1867, as a new system of slavery was introduced that became highly “commercialized, racialized and inherited”  By 1690, the America and West Indies saw approximately 30,000 African people shipped from Africa. A century later, that number grew to 85,000 people per year.  By 1867, approximately 12.5 million people (about twice the population of Arizona) left Africa in a slave ship. What Changed? 1. End of the Slave Trade- Left a need for trade between Europe and Africa. 2. Innovation in technology- The steam engine and iron hulled boats allowed Europe 3. Discovery of new raw materials- Explorers located vast raw materials and resources and this only spurred imperialism with Europe in the wake of the Industrial Revolution. 4. Politics- Unification of Germany and Italy left little room to expand in Europe. Germany and Italy both needed raw materials to “catch up” with Britain and France so they looked to Africa. The Scramble for Africa  The scramble started in 1870.  Although some coastal land had previously been acquired before 1870, the need for territory quickly accelerated as European countries looked t get deeper into Africa.  Within 20 years, nearly all continents were placed under imperialistic rule. Who was Involved?  Great Britain  France  Germany  Italy  Portugal  Belgium  Spain (kind) Violent Affairs  Violence broke out multiple times when European nations looked to claim the same territory.  Germ Chancellor. Otto van Bismarck. Attempted to avert the possibility of violence against the European powers.  In 1884, Bismarck organized a conference in Berlin for the European nations. The Berlin Conference (1884-85)  The conference looked to set ground rules for future annexation of African territory by European Nations.  Annexation is the forcible acquisition and assertion of legal title over one state’s territory by another state, usually following military occupation of the territory.  From a distant perspective, it looked like it would reduce tensions among European nations and avert war.  At the heart of the meeting, these European countries negotiated their claims to African territory, made it official and then mapped their regions.  Furthermore, the leaders agreed to allow free trade among imperialized territory and some homework for negotiating future European claims in Africa was established. Further Path  After the conference, european powers continued to expand their claims in Africa so that by 1900. 90% of the African territory had been claimed. A Turn towards Colonization?  Upon the imperialization of African territory, European nations and little interest in African land unless it produced economic wealth.  Therefore, European governments put little effort and expertise into these imperialized regions.  In most cases, this emat a form of indirect rule. Thus, governing the natin without sufficient settlement and government from within the mother country. Some Exceptions  There were some exemptions through in Africa as colonization was a necessary for some regions i n Africa.  Some regions where diamonds and gold were present. Government looked to protectorate the regions and establish rule and settlement in the regions.  Protectorates: A state controlled and protected by another state for defense against aggression and other law violations. Would  Some examples include South Africa, Botswana, Zimbabwe and Congo. Conclusion  Although it may appear that the Berlin Conference averted war amid the African Scramble, imperialism eventually brought the world into worldwide conflict.  With the continued desire to create an empire by European nations. World War 1 would break out which can be linked to this quest at imperialism.
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