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Teaching > Preservation
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Land Use
Land
Use, Wex, Legal Information Institute, Cornell Law School
In colonial America few regulations existed on the use of land
due to the seemingly endless amounts of it. As society shifted
from a rural to an urban society, public land regulation became
important especially to city governments trying to control industry,
commerce, and housing within its boundaries. The first zoning
ordinance was passed in New York City in 1916 and by the 1930s,
most states had adopted zoning laws. By the 1970s, concerns about
the environment and historic preservation led to further regulation.
Today, federal, state, and local governments regulate growth and
development through statutory law. The majority of controls on
land, however, stem from actions of private developers and individuals.
Three typical situations involving such private entities and the
court system are: suits brought by one neighbor against another;
suits brought by a public official against a neighboring landowner
on behalf of the public; and suits involving individuals who share
ownership of a particular parcel of land. In these settings judicial
determination and enforcement of private land-use arrangements
can not only reinforce public regulation but achieve forms and
levels of control zoning cannot.
Two major federal laws have been passed in the last half century
that curb the use of land significantly. These are the National
Historic Preservation Act of 1966 (today embodied in 16
U.S.C. 461 et seq.); and the National Environmental Policy
Act of 1969 (
42 U.S.C. 4321 et seq.).
Rhode Island State Land Use Policies and Plan
- State Land Use Policies and Plan,
Land Use 2025 (Use the terms, below, in "quotes" to do a word search in the PDF document to find the pertinent section.)
[Pages provided in the PDF file indicatied in the top navigation bar, not page numbers in the document.]
- Goals, Objectives
and Strategies, "Table 121-05(1)", [pp.134-149]. This section, the last in the document,
provides a summary that is best previewed before that which
follows, below. Print this out.
- Read the "Preface" [pp. 7-1-0]
- Where
are we? [pp. 19-31] Spend time on the maps.
- Where
do we want to be in twenty years? [pp, 33-54]. Read to understand the vision and, importantly, how the maps
(such as figure 121-02 (1) and its legend) is a graphic representation
of policies.
- What
issues do we need to be concerned about in getting there?
[pp.55-91]. Peruse to understand the relationship between the planning
process and land use policies, and the RI comprehensive plan.
Note how the proposals are different from those policies and
practices of "Era 2" as described by Solomon in
Global City Blues. Note how far we have come with this document.
- How
do we get there? [pp 93-126]. Peruse. How does "there" relate
to what Kunstler, in The Long Emergency, has in mind for
the future? Is there congruity? Consider section 4-8 [pp 109-etc.] on Scenario
Analysis and the sections that follow.
- What
must be done to achieve our vision? [pp 127-150]. Peruse. How does Land
Use 2025 relate to Local Comprehensive Plans?
Rhode Island — Additional
Resources (Select)
- Lincoln Institute of Land
Policy
- Introduction
to the Lincoln Institute
- Department
of Economic and Community Development
- Department
of Planning and Urban Form
- Department
of Valuation and Taxation
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