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

By John O'Looney | Go to book overview

instead of foisting on others the responsibility for community care of the homeless, the mildly mentally ill, or juvenile offender, or for the storage of noxious waste, will begin, once firmly faced with their responsibility, to lead the way toward more humane and socially integrated treatment of people needing help and toward more responsible and effective management of our waste.


NOTES
1.
A number of authors suggest that in order to "get people to the table" it is necessary to provide the necessary motivation, skills, and other resources (such as a place to meet, coordination, ways of recording agreements, and so on). See Fisher Roger, and Brown Scott. ( 1988). Getting Together. Boston: Houghton Mifflin; and Laue James. ( 1990). "Getting to the Table." CCAR Newsletter, Fairfax, Va.: George Mason University, Center for Conflict Analysis and Resolution. pp. 1, 7-9.
2.
Kendig Lane. ( 1980). Performance Zoning. Washington, D. C.: Planners Press, American Planning Association.
3.
Nelson suggests a similar use of first refusal rights at the community level. Communities could purchase from neighborhoods development rights that would otherwise be sold to developers who might wish to use the land in ways that would be more costly to the community as a whole than whatever other individual or neighborhood benefits might be provided. See, Nelson Robert. ( 1977). Zoning and Property Rights. Cambridge, Mass.: MIT Press.
4.
For a description of a compensation scheme, see Ellickson Robert. ( 1973). "Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls." University of Chicago Law Review (Summer): 40:4:681-719.
5.
Margulies Peter. ( 1992). "Building Communities of Virtue: Political Theory, Land Use Policy, and the 'Not in My Backyard Syndrome.' "S yracuse Law Review 43:945-96. Margulies argues that most fixed-distance provisions (requiring a certain distance between any two facilities) are inadequate because the distance required is so large (for example, more than half a mile) that the provision resembles a kind of quarantine of citizens in community care facilities. At first glance, the sample framework policy might seem to have a similar failing. However, because the framework policy combines environmental and social LULUS, the potential for synergistic patterns of LULU sitings (such as putting compatible social services in neighborhoods that serve such populations) are feasible as long as the final pattern of LULU sitings establishes a rough overall equity (for example, a neighborhood that is exempted from social service LULUs would likely bear a greater share of the burden of environmental LULUs).
6.
Been Vicki. ( 1993). "What's Fairness Got To Do With It? Environmental Justice and the Siting of Locally Undesirable Land Uses." Cornell Law Review 78:1001-85.
8.
Barber Benjamin. ( 1984). Strong Democracy: Participatory Politics for a New Age Berkeley, Calif.: University of California Press.

-339-

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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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