Ch 10Ch 10

Land Use ControlsLand Use Controls

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Controversy over Land UseControversy over Land Use

Usable land is Usable land is scarcescarce The public is viewing land as The public is viewing land as

A A resourceresource Not just a commodityNot just a commodity

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Land as a Land as a commoditycommodity

Land is scarceLand is scarce Land is expensiveLand is expensive Land is bought & sold for a profitLand is bought & sold for a profit The principles of The principles of supply & demandsupply & demand

determine land usedetermine land use

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Land as a Land as a ResourceResource

Land belongs to Land belongs to the publicthe public (the people). (the people). Land is constantLand is constant Land should be preservedLand should be preserved Land should be protected by the Land should be protected by the

governmentgovernment

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Land planning resulted from:Land planning resulted from:

1.1. UrbanizationUrbanization• Increased number of citiesIncreased number of cities

2.2. Increased numberIncreased number of people of people• Increased populationIncreased population• Increased proximity of neighborsIncreased proximity of neighbors

3.3. ScarcityScarcity of land of land• Minimize the physical exploitation of the landMinimize the physical exploitation of the land• Minimize the exploitation of mineral rightsMinimize the exploitation of mineral rights

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Private market land use controlPrivate market land use control

Principle of Principle of highesthighest and best use. and best use. The legal use which will produce the The legal use which will produce the

largest largest net profit attributable to the land net profit attributable to the land at a certain location.at a certain location.

HighestHighest & & BestBest use has a strong use has a strong influence on land usage.influence on land usage.

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Private market land use controlPrivate market land use control

Private deed restrictionsPrivate deed restrictions Property owners attempt to Property owners attempt to

protect land value protect land value contractually prohibiting surrounding land from contractually prohibiting surrounding land from

being used in a harmful manner.being used in a harmful manner. Tried to Tried to

freeze highest & best usefreeze highest & best use promote uniformitypromote uniformity

Public land use controlPublic land use control

Zoning Zoning ordinances: division of land into ordinances: division of land into designed use districtsdesigned use districts ResidentialResidential CommericalCommerical IndustrialIndustrial RuralRural

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ZoningZoning Zoning Zoning

Government uses eminent domain and police Government uses eminent domain and police powers to regulate private land WITHOUT powers to regulate private land WITHOUT payment of just compensation.payment of just compensation.

Eminent domainEminent domain Allows government to regulate private land WITH Allows government to regulate private land WITH

payment of just compensation.payment of just compensation. Police Police powerpower

Designed to protect property valuesDesigned to protect property values Allows government to regulate private land Allows government to regulate private land WITHWITH

(eminent domain) or WITHOUT (zoning) payment (eminent domain) or WITHOUT (zoning) payment or compensation.or compensation.

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PlanningPlanning Zoning evolved into government planningZoning evolved into government planning Planning is designed to protect land valuesPlanning is designed to protect land values Planning attempts to promote community Planning attempts to promote community

objectives: objectives: SocialSocial, , PoliticalPolitical, , Biological Biological (Physical(Physical), or ), or EnvironmentalEnvironmental and Economic and Economic (PEEPS)(PEEPS)

Planning covers entire regions Planning covers entire regions Government acquires private land for public Government acquires private land for public

use for use for paymentpayment of just compensation. of just compensation.

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Economic Forces

Consumer: income, employment, creditGovernment: low-income housing

P E E P S P E E P S Forces that change ValueForces that change Value

PPolitical Forcesolitical ForcesGovernment: zoning, fiscal policy, taxesGovernment: zoning, fiscal policy, taxesPeople: educationPeople: education

Physical Forces (biological)Natural: land, climate, resources, oceanMan-Made: buildings, roads/freeway, utilities

Social ForcesArea: neighborhood, living standardsPeople: family size, lifestyle, attitudes

Environmental Forces People: health, sports, recreation Government: environmental protection

P

E

E

P

S

State land-use planning controlsState land-use planning controls

1.1. SubSubdivisiondivision map act map act

Subdivided lands actSubdivided lands act

2.2. EnvironmentalEnvironmental reports (EIR) reports (EIR)

3.3. Land use Land use zoningzoning

4.4. PhysicalPhysical geological hazard zoning geological hazard zoning (earthquake) & similar specialization (flood)(earthquake) & similar specialization (flood)

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How much should government How much should government protect people ?protect people ?

Tsunami protectionTsunami protection Cannot develop coastal landsCannot develop coastal lands

Earthquake protectionEarthquake protection Cannot develop along San Andreas faultCannot develop along San Andreas fault

Volcanic protectionVolcanic protection Cannot develop Mt. Shasta or Lassen areasCannot develop Mt. Shasta or Lassen areas

Flood protectionFlood protection Cannot develop along Colorado River, Ocean, Cannot develop along Colorado River, Ocean,

Russian River, Sacramento River. . . Russian River, Sacramento River. . .

Cost legislative land-use controlCost legislative land-use control

Loss of local Loss of local controlcontrol Increased time delaysIncreased time delays Increased development costsIncreased development costs Higher Higher real estatereal estate prices prices

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Land use changes:Land use changes:

ControversialControversial Differing groupsDiffering groups Monitor trendsMonitor trends Influences future real estate market Influences future real estate market

activityactivity