Planning and Property Rights

PSCI 4326

Planning Issues and Agriculture

Lecture 4

Community relationship of private property

Governmental – judgments made by communities (mostly occurs in cities and counties)

City: public corporation

City charter (governing body)

Types of cities (boundaries do change) General law city ( 2/3 of all cities in CA operate on

laws passed by the state charter adopted by state law.

Home rule of charter cities – adopt own charters based on state law.

CountyNot a corporation –

administrative arm of state in a geographical area ( court, voting, sheriff)

Boundaries do not change

Counties are responsible to the state through their Board of Supervisors.

Cities within Counties Both cities and counties are responsible for

planning (community judgments) Authority comes from state to do so. State will not judge or intervene. (It could but won’t.)

County is responsible for growth unless city is annexed. Then, city is responsible.

City and County share in common general legal status in relation to the state. Unitary system: Equal relationship of cities and counties to

the state

Sometimes cities and counties are pitted against each other for control, land use, and $.

Constrained Localism– city and counties are limited as to how/where they plan 1 – Intergovernmental - state does set rules by federal

government guidelines. (policies- golden rule -local jurisdictions)

2 – Legal constraints-court decisions (make judgments through due process) Was process fair? Did planning agency abuse discretionary judgments?

(is final decision linked to evidence base)

3 – Jurisdictional constraints-conflict with other local governmental agencies. (Cities against counties compete for tax $ and land use)

4 – Political constraints (developers and environmental groups)

Why do communities plan?

Negative externalities ( third party affected in a negative way – theft, vandalism, pollution)

Communities make judgments about its resources (creates controversy about issues like zoning)

Public benefit – parks, service, physical, benefits of all people regardless of whether they pay for services like fire, police, roads, schools.

Goals of Planning

To enable communities to determine its own future by making a general plan

To protect private property rights of all people ( go to jurisdiction, like city council, then to court)

To maintain community safety…police, fire

To engage in planning for predictability in what land can be used for (ie. zoning).

Planning…

Involves the relationship between the community and governmental agencies

Options for Planning

Regional Planning

(Top-Down)

Regional Government (Top-Down)

Structural Consolidation

(e.g., County-City)

Functional Consolidation

(e.g., Planning)

Collaborative Planning

(Bottoms-Up)

Coordinated Planning

(Bottoms-Up)

Constrained Localism

Planning and Property Rights

Public Ownership

Unrestricted Private Control

Regulation

•Judgement through planning

•Eminent Domain

• Police Power –statute/regulation

Private property is: Private ownership of land – individual or corporate –

interest in land is permanent (possession)

Have title to land Can sell it, assign, lease or rent property, use for any purpose within boundaries, can take fruit of it (production), inhabit/use/transfer, land ownership brings with it a bundle of rights.

All rights between community and private are the same (based on where you live)

State law defines property rights.

How far can regulation go?

Government can take over land (physically) through Eminent Domain

Just cause for public purpose or interest (new definition)

Must provide just compensation to landowner Willing seller (landowner) to willing buyer (public

agency) – no problem However, if seller is not willing, goes to court.

As police power grows, property rights decline With AG

Gov. exercises with police power-protection of health, welfare and safety (ie. Environmental regulations)

Basis for local planning assigned to the state to pass policies, regulate land use

Can’t you over-regulate? Yes, government can for purposes of policy use

police power to regulate.(ex. Endangered species on private land)

Developer Dilemma Development in California is a privilege, not a right!

This statement has never been changed.

Most of Property Tax used to go to local government for services.

Prop. 13 cut a lot of this revenue (school dist. hit hard)

Caused funding to shift to the state, unequal distribution to counties

But wealthier still have access to better services(roads, safety) … Why?

Sales Tax goes to the local jurisdictions Goal of planning is to generate $. (induces

growth which consumes ag land and open spaces)

Large retail establishments (Target, Home Depot, Auto malls) come in near freeways to generate revenue for cities through sales tax) This takes away from ag land use.

There is a drive for cities to grow because this produces more revenue

Character of Growth …when, where, how

Problem with the Revenue System (public finance and tax systems)

Since the 1970s, population growth and changes in public finance strained abilities of local govs.

Growth has impact because of revenue

Where to locate growth, how fast to allow growth, this leads to urban sprawl.

Implication on land resources

What about other resources (air and water quality, housing, employment opportunities)

History of Development Early on there was suburbanization:

Movement away from the center of the city. (oldest area is railroad and industry area)

Technology ( transportation and infrastructure limited people) Only affluent could move

Early 1850s Electric trolley and Electric trains development could only occur near trolleys and trains

WWI…World War I People wanted to move beyond the cities.

Immigrants settled in the big cities for the opportunities that could be found there.

People move in and out, and a push is on. Wealthy establish their own cities and

communities.

In 1920s automobiles became the key to no limitations in travel – boundaries are now spreading.

Depression hits

WWII…World War II Significant housing needs contributed to

suburbanization.

People kept moving away from the center

Communities expanded…into Ag land

Catalyst for new community development

Encouraged people to keep moving …greener pastures

Again into unsettled land, open space, farmland

End of WWII…Baby BoomIncreased population…Needed space Highways developed transportation link

Intra-highway linked all to metropolitan areas…beginning of commuters

GI Bill (affordable housing and education)Helped people move to the suburbs

AirplanesOpened up areas for more travel, more

movement

Sprawl This movement overall is called sprawl.

Each step along the way…gobbling up land. (Can follow roads to see historical patterns of growth)

Movement of people from cities to suburbs – commuting began. People live in the suburbs but work in the city.

Businesses and employment spring up in new communities. Brings more revenue to new cities. People have more expendable income

places more demands for businesses that provide entertainment and products.

Movement to suburbs provides…

Less congestion Less crime Better quality of life Housing affordability Open space

Movement to suburbs…

A pattern of movement is constant-

Malls follow the people, employment does not

Housing needs always ahead of developers

Growth here: (exurbs- valley cities)Exurbs…small, usually prosperous cities in the

last 15 to 25 years

Merced County – Los Banos - 78% growth Livingston – 43% growth

San Joaquin County -- Tracy – 69% Lathrop – 52.7%

Stanislaus – Riverbank – 85.2% Newman – 70.9% Waterford – 45.1% Patterson – 34.5%

Bay area growth less…

Santa ClaraMorgan Hill – 40.2%Gilroy – 31.7%

San BenitoHollister – 79.1% (travel to Salinas and

Monterey)

Movement South through the North Central Valley continues sprawl

1st - Type of sprawl - low density movement from high density areas, which leads to

2nd - Type of sprawl - patterns of development in communities where people move…better neighborhoods (affordability)

Both are important types of sprawl. This movement is a threat to open space

Settlement patterns… Low density – residential and commercial

development Consuming land pattern Dominance of single family detached dwelling

Why? Consumer preference. People want more space, need more space, consume land around them.

Gated community is fastest form of development. It provides protection and space

Settlement patterns continued…

New development is outward movement – loss of Ag land and open space

Constantly shifting community boundaries with no certainty of growth boundaries.

Planning system – tends to separate uses by zones community makes decisions about what is allowed

Segregated zoning- area of community by purpose Ex – single or multiple family residential or

commercial

Conflicts with Agriculture land use…

Urban edge keeps moving – always an area of conflict.

Myth: People will be people, government should not interfere. We’re not using up our farmland. Let market take care of it . Why doesn’t this work here?

American Farmland Trust – gobbling up land – problem is government is not involved enough.

Sprawl is a reality – will have an impact on Ag – should we be concerned?

Modesto Growth Patterns (1984-2002)

Stockton Growth (1990 to 2002)

Fresno Development

Strategies for Addressing Farmland and Farmland Protection

Public Purchase of Land

MarketPlanning / Regulation Right to

FarmConservation

Easements and TDR

Urban Limit Lines

Williamson Act

Economic Development

Sustainable Agriculture

Smart Growth

The Framework for Planning

General Plan: Constitution for

Local Planning and Development)

Zoning: Districts and DevelopmentStandards

Subdivisions

CEQA