Lectures 2-4

Question 1

What is property ownership?

Answer 1

Ownership carries a bundle of “stalks” which are rights associated with the use of a property and are exclusive to the owner.

They are:
* The right to use land
* The right to use water
* Minerals below the surface
* The space of air above
* And the right to exclude others and their activities

Question 2

Green v Red Sticks?

Answer 2

• Red Stalks- A burden or societal obligation in property ownership , so HOA, taxes, easements, covenants are all examples of negative uses of stalks—i.e nuisances
• Green- Represent rights or benefits that owners enjoy from a personal use or economic profit (and can be transferrable)

Question 3

What are the characteristics of a good planner?

Answer 3

• They are extensions of the government and they are in essence to correct where the markets have generally failed
  o The goal is to typically meet as many needs as possible

Question 4

What are the three main planning functions?

Answer 4

Collecting information
Preparing and adopting a long-range plan
Monitoring and evaluation of the environmental, economic, and social outcomes of the land use changes from the plan

Question 5

How can plans be evaluated?

Answer 5

Internal and External modes of assessment

Question 6

Internal v External Modes of Assessment?

Answer 6

o Internal: deal with plan proposals, issues and vision statement and have a fact base—typically with goals and policy framework
o External: Reorganizing and encouraging opportunities to use plans which are: action oriented, flexible, inspirational and legally defensible , they create clear views and understanding of the plans overall intentions

Question 7

What constitutes land use control?

Answer 7

Anything that changed the ability to use the land and the associated stalks in a particular way.

Question 8

Public v Private forms of land use control?

Answer 8

o Public forms of land use control are through zoning, local ordinances, and building codes
o Private forms of land use control are through covenants and HOA’s

Question 9

Police Power?

Answer 9

A state delegation of authority to regulate and protect the public health, safety and welfare. This is often used as the basis for land use regulation and constitutes why local governments may do so

Question 10

What is the Standard Zoning Enabling Act?

Answer 10

1924) define the scope to which powers are granted to zoning.
o Section 1 mainly regards the granting of power, and what legislative bodies can control
 Section 2 regards the permission to subdivide into districts to carry out the acts listed in section 1
 Section 3 regards the purposes in view of the comprehensive plan and its main goals and outcomes to promote health and general welfare of the public to secure safety from fire, overcrowding of land, facilitation of adequate provision of utilities, etc

Question 11

Dillon’s Rule v Home Rule?

Answer 11

The local governments autonomy is constrained by/limited to what is granted through state statutory construction and/or what is implied by what is granted. The powers are potentially less restrictive than those described in the holding.
 Empowered by the state legislature
o Home Rule: The ability of a local government to manage local affairs without oversights form the state legislature. In this respect, virtually every local government possesses some degree of home rule authority.
 “When zoning power is authorized by home rule, it only applies to local matters not in conflict with state law.”
 Empowered by the state legislature

Question 12

Charter?

Answer 12

A charter is the basic document of local government, the state legislature can confer power on a city in a charter, including zoning power. Sometimes home rule powers can be obtained only by adopting a charter, that is the zoning enabling act governs unless there is a charter

Question 13

Special Enabling Acts?

Answer 13

Authority for zoning can be given from a separate enabling action empowered from the state legislature. Like Airport Zoning or Floodplain zoning

Question 14

What is the Model Land Development Code?

Answer 14

o Deals with the physical development of the land to maximize social and economic objectives.
o Basically combines zoning and subdivision regulations under a development ordinances
 Stipulates emphasis on land development in which development is defined as any material change in the appearance of a parcel of land or in its shape
 The code does not mandate planning but encourages it by providing local governments with additional powers if a plan is adopted.