Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus

By John O'Looney | Go to book overview

CHAPTER 1
The Evolution of LULU Problems

LAND-USE CONTROL, COMMUNITY, AND THE PRESSURE FOR GROWTH

Land-Use Control in the Early Republic

In constitutional republics such as the United States, the acts of governing are often organized around separate institutions--executive, legislative, and judicial--with distinctive powers. For the first century of the United States republic, the governing of land use demanded little attention from any of these institutions. Of course, elected representatives and public officials were heavily involved in the exploration, surveying, appropriation, sales, distribution, and settlement of new lands. However, beyond setting aside some public land for public uses or for the support of public institutions or public infrastructure, the newly formed federal government generally refrained from involvement in land- use controls that might affect citizens' decisions about how to use the land they owned. In fact, the passage of the U.S. Constitution resulted in a net transfer of power from colonial cities that practiced some degree of planning to the newly formed states that were more inclined to promote the new industry of land speculation and practices in line with the maximization of economic return on land investments than with planning efforts. 1

If any branch of government was involved in land-use control, it was the local judiciary. Even here, however, government involvement was minimal because the judiciary ordinarily was limited to land-use disputes between owners of adjacent property. Settlement of these disputes was decided by recourse to the common law of property.

Much of this common law grew out of accumulated experience in settling disputes related to agriculture or hunting among land-owning gentry. Over time, the law evolved certain rules or precedents, such as the rule of first possession, that,

-11-

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Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus
Table of contents

Table of contents

  • Title Page i
  • Contents iii
  • Introduction 1
  • Notes 9
  • Chapter 1 the Evolution of Lulu Problems 11
  • Notes 67
  • Chapter 2 Property Law, Ideology, and the Dilemma of Habitation 81
  • Notes 116
  • Chapter 3 - Land-Use Politics 123
  • Notes 164
  • Chapter 4 Land-Use Control and the Idea of Common Pool Resources 173
  • Notes 187
  • Chapter 5 Policy Tools and Approaches to Land-Use Conflict 189
  • Notes 240
  • Chapter 6 Generating Policy Innovations in Land-Use Control: Some History and Ideas 251
  • Notes 269
  • Chapter 7 Policy Options 273
  • Notes 299
  • Chapter 8 Features, Qualifications, and Objections to the Proposed Framework Policy 303
  • Notes 339
  • Index 345
  • About the Author 356
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