CONTENTS
Table of Cases xiii
Preface xix
List of Copyright Permissions xxiii
Chapter 1. Introduction 3
City Life 3
Voula Mega, The Concept and Civilization of an Eco-society:
Dilemmas, Innovations, and Urban Dramas 5
Trouble on the Commons 7
Robert C. Ellickson, Controlling Chronic Misconduct in City
Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning 7
Notes and Comments 11
City Life in Developing Nations 13
Bill McKibben, Curitiba 13
Notes and Comments 22
Chapter 2. Zoning 23
Matthew A. Light, Note, Different Ideas of the City: Origins of
Metropolitan Land-Use Regimes in the United States, Germany,
and Switzerland 24
Notes and Comments 31
George Lefcoe, When Governments Become Land Developers:
Notes on the Public-Sector Experience in the Netherlands and
California 42
Notes and Comments 47
Chapter 3. Administrative Subdivision Regulation 49
Project Review 49
Neal Alison Roberts, The Reform of Planning Law: A Study of the
Legal, Political and Administrative Reform of the British Land-use
Planning System 50
Notes and Comments 55
Board of County Commissioners of Cecil County v. Gaster 56
Notes and Comments 62
The Vesting Problem 62
2 James A. Kushner, Subdivision Law and Growth Management 63
Notes and Comments 66
Katharina Richter, Compensable Regulation in the Federal Republic
of Germany 66
Note on The Great Mall of China 68
Mark T. Kremzner, Managing Urban Land in China: The Emerging
Legal Framework and its Role in Development 70
Notes and Comments 72
Chapter 4. The Financing and Development of Infrastructure: Facilities
and Services Necessary to Support Development 73
Ehrlich v. City of Culver City 76
Notes and Comments 80
George Lefcoe, When Governments Become Land Developers: Notes on the Public-Sector Experience in the Netherlands and
California 84
Notes and Comments 87
Shelley Ross Saxer, Planning Gain, Exactions, and Impact Fees: A Comparative Study of Planning Law in England, Wales, and the
United States 88
Notes and Comments 93
Note, Making Mixed-Income Communities Possible: Tax Base
Sharing and Class Desegregation 93
Notes and Comments 97
Enid Slack & Richard Bird, Financing Urban Growth Through
Development Charges 97
Notes and Comments 102
Kam Wing Chan, Infrastructure Services and Financing in Chinese
Cities 102
Notes and Comments 104
Taxation 105
Donald G. Hagman, The Single Tax and Land-Use Planning:
Henry George Updated 106
Notes and Comments 107
George Lefcoe, How Taxes Affect Urban Design- And How to Make
Them Do a Better Job of It 107
Notes and Comments 112
Chapter 5. The Comprehensive Planning Process 113
Clifford Larsen, What Should Be the Leading Principles of Land
Use Planning? A German Perspective 114
Notes and Comments 121
Mark T. Kremzner, Managing Urban Land in China: The Emerging
Legal Framework and its Role in Development 121
Notes and Comments 124
Michel van Eeten & Emery Rose, When Fiction Conveys Truth and
Authority: The Netherlands Green Heart Planning Controversy 125
Ernest R. Alexander, Netherlands Planning: The Higher Truth 129
Emery Roe & Michel van Eeten, The Heart of the Matter: A Radical
Proposal 130
Ernest R. Alexander, Alexander Responds 130
Timothy Beatley, Dutch Green Planning More Reality than Fiction 131
Notes and Comments 132
Nico Calavita, Urbanization, Public Control of Land Use and Private Ownership of Land : The Development of Italian Planning Law 132
Chapter 6. Judicial Review of Land Use Decisions 135
Standing 136
Jon Owens, Comparative Law and Standing to Sue: A Petition for
Redress for the Environment 137
Notes and Comments 142
SLAPP Suits 144
Barbara Arco, Comment, When Rights Collide: Reconciling the First Amendment Rights of Opposing Parties in Civil Litigation 144
Notes and Comments 149
James A. Wells, Comment, Exporting SLAPPs: International Use of
the U.S. "SLAPP" to Suppress Dissent and Critical Speech 149
Hate Speech 154
White v. Lee 154
Notes and Comments 160
Chapter 7. The Taking of Property Through Regulation 163
Enrico Riva, Regulatory Takings in American Law and "Material Expropriation" in Swiss Law-A Comparison of the Applicable
Standards 167
Notes and Comments 172
George Lefcoe, When Governments Become Land Developers: Notes
on the Public-Sector Experience in the Netherlands and California 173
Notes and Comments 176
Nico Calavita, Urbanization, Public Control of Land Use and Private Ownership of Land: The Development of Italian Planning Law 176
Katharina Richter, Compensable Regulation in the Federal Republic
of Germany 185
State of Oregon Measure 7 189
Notes and Comments 191
Jon A. Stanley, Comment, Keeping Big Brother Out of Our Backyard: Regulatory Takings as in International Law and Compared to
American Fifth Amendment Jurisprudence 191
Notes and Comments 195
Chapter 8. The First Amendment: Freedom of Expression and Religion
Limits on the Exercise of Land Use Regulatory Power 197
Adult Entertainment 200
City of Camberwell v. Cherry Nicholson 200
Notes and Comments 204
City of Renton v. Playtime Theaters, Inc. 205
Notes and Comments 208
Religion 208
Church Protection 210
First Covenant Church of Seattle v. City of Seattle 210
Notes and Comments 214
Islamic Center of Mississippi, Inc. v. City of Starkville, Mississippi 215
Notes and Comments 221
Chapter 9. Other Models for Land Use Decisionmaking :Alternatives to Contemporary Administrative and Legislative Zoning and
Judicial Review 223
Ballot Box Zoning 224
Private Regulation 225
Alternative Dispute Resolution 225
Jeffrey Patterson, Testing the Partnership Model of Growth
Management 226
Notes and Comments 227
Donald C. Dowling, Jr., Forum Shopping and Other Reflections
on Litigation Involving U.S. and European Businesses 228
Alternative Development Approval Processes 231
Deregulation 231
Norman Karlin, Zoning and Other Land Use Controls: From the
Supply Side 232
Bernard H. Siegan, Non-Zoning is the Best Zoning 233
Notes and Comments 237
Jane E. Larson, Free Markets Deep in the Heart of Texas 237
Notes and Comments 242
Chapter 10. Growth Management 243
Towards Smart Growth 243
Janet Ellen Stearns, Urban Growth: A Global Challenge 245
Notes and Comments 248
James A. Kushner, Growth Management and the City 249
Notes and Comments 250
James A. Kushner, A Tale of Three Cities: Land Development and
Planning for Growth in Stockholm, Berlin, and Los Angeles 250
Urban Growth Boundaries 255
Stephanie Yu, Note, The Smart Growth Revolution: Loudoun County,
Virginia and Lessons To Learn 255
Notes and Comments 257
Chang-Hee Christine Bae, Korea's Greenbelts: Impacts and Options
for Change 257
Notes and Comments 264
Jeffrey Patterson, Testing the Partnership Model of Growth
Management 264
Notes and Comments 270
Transit Villages: Integration of Land Use Planning with Transportation
Planning 270
Voula Mega, The Concept and Civilization of an Eco-society:
Dilemmas, Innovations, and Urban Dramas 271
Oliver A. Pollard, III, Smart Growth: The Politics, and Potential
Pitfalls of Emerging Growth Management Strategies 274
Notes and Comments 278
Robert Cervero, Growing Smart by Linking Transportation and
Urban Development 279
Notes and Comments 283
James A. Kushner, Growth for the Twenty-first Century-Tales from Bavaria and the Vienna Woods: Comparative Images of
Planning in Munich, Salzburg, Vienna, and the United States 284
Notes and Comments 286
Clay Fong, Comment, Taking It to the Streets: Western European and American Sustainable Transportation Policy and the Prospects
for Community Level Change 286
Notes and Comments 290
Landbanking 291
Neal Alison Roberts, The Reform of Planning Law: A Study of the Legal, Political and Administrative Reform of the British Land-use
Planning System 291
Chapter 11. Securing a Sufficient Supply of Housing 299
Financing Affordable Housing 299
Deborah Kenn, One Nation's Dream, Another's Reality: Housing
Justice in Sweden 301
Kam Wing Chan, Infrastructure Services and Financing in Chinese
Cities 309
Jan van Weesep, Comment: A Perspective on Housing Privatization
in Eastern Europe 311
Project Site Selection and Design 313
George Lefcoe, When Governments Become Land Developers: Notes
on the Public-Sector Experience in the Netherlands and California 318
James A. Kushner, A Tale of Three Cities: Land Development and
Planning for Growth in Stockholm, Berlin, and Los Angeles 322
Voula Mega, The Concept and Civilization of an Eco-society:
Dilemmas, Innovations, and Urban Dramas 325
James A. Kushner, Growth for the Twenty-First Century- Tales from Bavaria and the Vienna Woods : Comparative Images of Planning in
Munich, Salzburg, Vienna, and the United States 326
Notes and Comments 327
New Urbanism 328
Eric M. Braun, Growth Management and New Urbanism : Legal
Implications 329
Notes and Comments 330
Jay Wickersham, Jane Jacob's Critique of Zoning: From Euclid to
Portland and Beyond 332
Notes and Comments 334
Cohousing 335
Laura M. Padilla, Single-Parent Latinas on the Margin : Seeking a
Room with a View, Meals, and Built-In Community 335
Notes and Comments 336
Mark Fenster, Community by Covenant, Process, and Design:
Cohousing and the Contemporary Common Interest Community 337
Notes and Comments 343
Dana Young, Note, The Laws of Community: The Normative Implications of Crime, Common Interest Developments, and
"Celebration" 343
Notes and Comments 344
Squatters 345
Brian Gardiner, Comment, Squatters' Rights and Adverse Possession:
A Search for Equitable Application of Property Laws 345
Notes and Comments 354
Chapter 12. Housing and Land Use Discrimination 357
James A. Kushner, Growth Management and the City 361
Notes and Comments 362
Geoffrey Graber, Note, Choosing the Chosen: The Validity of Racial Restrictions on the Alienation of Property in Israel and
the United States 363
Notes and Comments 367
City of Cleburne v. Cleburne Living Center, Inc. 368
Notes and Comments 371
Regulation of Occupancy 372
Village of Belle Terre v. Boraas 372
Notes and Comments 373
Affirmative Action 374
United States v. Starrett City Associates 374
Notes and Comments 380
Aya Gruber, Recent Development, Public Housing in Singapore:
The Use of Ends-Based Reasoning in the Quest for a Workable System 381
Chapter 13. Environmental Protection and Land Use Planning 383
Sustainability 383
John C. Dernbach, Sustainable Development as a Framework for
National Governance 387
Notes and Comments 396
Environmental Racism 397
South Camden Citizens in Action v. New Jersey Department of
Environmental Protection 398
Notes and Comments 403
Carmen G. Gonzalez, Beyond Eco-Imperialism: An Environmental
Justice Critique of Free Trade, 404
Notes and Comments 408
Chapter 14. Redevelopment 409
Voula Mega, The Concept and Civilization of an Eco-society:
Dilemmas, Innovations, and Urban Dramas 413
Mark T. Kremzner, Managing Urban Land in China: The Emerging
Legal Framework and its Role in Development 417
James A. Kushner, Growth for the Twenty-First Century- Tales from Bavaria and the Vienna Woods: Comparative Images of
Planning in Munich, Salzburg, Vienna, and the United States 424
Notes and Comments 431
Mallification 432
James A. Kushner, Social Sustainability: Planning for Growth in Distressed Places-the German Experience in Berlin, Wittenberg,
and the Ruhr 432
Notes and Comments 434
Urban Redevelopment 435
George Lefcoe, When Governments Become Land Developers: Notes
on the Public-Sector Experience in the Netherlands and California 435
Notes and Comments 446
Jeffrey M. Euston, Clinton's Empowerment Zones: Hope for the
Cities or a Failing Enterprise? 446
Wilton Hyman, Empowerment Zones, Enterprise Communities,
Black Business, and Unemployment 449
Notes and Comments 451
Revitalization of Economically Distressed Areas 452
James A. Kushner, A Comparative Vision of the Convergence of
Ecology, Empowerment, and the Quest for a Just Society 452
Notes and Comments 453
James A. Kushner, Growth Management and the City 455
Notes and Comments 456
More Revitalization of Economically Distressed Areas 456
James A. Kushner, Social Sustainability: Planning for Growth in Distressed Places-the German Experience in Berlin, Wittenberg,
and the Ruhr 456
Notes and Comments 465
Chapter 15. Planning for Beauty and the Protection of Aesthetic Values 467
Aesthetics and the City 467
Voula Mega, The Concept and Civilization of an Eco-society:
Dilemmas, Innovations, and Urban Dramas 470
James A. Kushner, A Tale of Three Cities: Land Development and
Planning for Growth in Stockholm, Berlin, and Los Angeles 472
Architectural Review 474
State ex rei. Stoyanoff v. Berkeley 475
Note and Comments 477
Historic Preservation 478
Kirby Mitchell, Note, Rescuing Prague's Past: A Survey of Legislative Attempts at Architectural and Historical Preservation
in Prague, Czech Republic 480
William Chapman, "The Best Laid Schemes...": Land-Use Planning
and Historic Preservation in Cambodia 483
Notes and Comments 485
Carpinteria Municipal Code, Chapter 12.20 Historical Landmarks 485
Note and Comments 487
Todd Schneider, Note, From Monuments to Urban Renewal: How
Different Philosophies of Historic Preservation Impact the Poor 488
Notes and Comments 494
Public Art 494
Ehrlich v. City of Culver City 494
Douglas W. Kmiec, Inserting the Last Remaining Pieces into the Takings Puzzle 495
Notes and Comments 496
Los Angeles City Code, §91.107.4.6 (2000) 497
Los Angeles Municipal Administrative Code, Article 21 Arts and Cultural Facilities and Services Trust Fund (1990) 499
Richard Serra v. General Services Administration 502
Barbara Hoffman, Law for Art's Sake in the Public Realm 504
Notes and Comments 510
Nicole B. Wilkes Public Responsibilities of Private Owners of Cultural Property: Toward A National Art Preservation Statute 510
Notes and Comments 515
Final Note 515
Index 517