The Evolution of Zoning Since the 1980s: The Persistence of Localism

Fischel, William A.

doi:10.2139/ssrn.1686009

Cited by 6 publications

(7 citation statements)

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“…Against libertarians' arguments that any restriction on property rights is a taking, and that the best way to public interest is unrestricted pursuit of individual interest, planners represent public interest outside the aggregate of individual goods (Mukhija, 2005), highlighting instead the need to balance on the one hand, "public interest", and, on the other, individual property owners' rights. This is why many land-use planners have come to describe zoning as "public rights in private land" (Fischel, 2012).…”

Section: Public Good Versus Private Interest In Land Use Planningmentioning

confidence: 99%

Of property and planning: a brief introduction

Fawaz

Moumtaz

2017

Planning Theory & Practice

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Section: Public Good Versus Private Interest In Land Use Planningmentioning

confidence: 99%

Of property and planning: a brief introduction

Fawaz

Moumtaz

2017

Planning Theory & Practice

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“…The list of regulatory method varies which includes such things as purchase development right, purchase in fee, gifting to a trust, use-value taxation, growth-management acts, agricultural protection zoning, and many others. Among these long list methods, the agricultural protection zoning is the most persistent method despite many criticisms of its shortcomings [4].…”

Section: Introductionmentioning

confidence: 99%

Agricultural Zoning and Policy Conflict: Thailand’s Experience

Boonyanam¹

2019

Land Use - Assessing the Past, Envisioning the Future

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Agricultural zoning is a regulatory approach that redefines property rights. The technique has been used to preserve agricultural area and ensure food security of a country. This chapter described a historically grounded approach to establish the agricultural zoning of a country and its applications for Thailand, including the analysis of its performance using the historical research method. Reviews of historical literatures, research papers, agricultural acts, government office reports, and news have identified the most crucial factor that causes agricultural zoning in Thailand to fail both at the farm level and at the country level, as the agricultural commodity price. The findings suggest that agricultural zoning in Thailand should undergo major revision by taking the agricultural commodity price into account. The agricultural commodity price set based on its origin was proposed to be appended in the existing agricultural zoning program. The method will address the two critical issues that the agricultural zoning programs in Thailand try to solve: the mismatch land-use problem and the crop price instability.

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“…Instead, questions about property surface indirectly in discussions about conflicting public and private interests where key assumptions about the ownership model remain unchallenged. Hence, numerous academic papers describe land-use planners wrestling to balance what are identified as two separate, pre-existing categories of "private" and "public" interests (Alterman, 2011;Alexander, 2007;Azuella & Herrera, 2009;Campbell & Marshall, 2002;Davy, 2012;Fischel, 2012;Grout, Plantinga, & Jaeger, 2014;Healey, 1997). 1 These public/private tensions are furthermore operationalized in planning handbooks, textbooks, and academic papers where they frequently appear in the form of questions such as: "Is there a need to compensate private owners because of restrictive planning regulations?"…”

Section: Introductionmentioning

confidence: 99%

“…"what level of coercion is acceptable before a regulatory taking can be equated to a full taking?" (Davy, 2012;Fischel, 2012;Ingram & Hong, 2009;Platt, 2014;Renard, 2009), and "How do we estimate the acceptable amount of compensations and their effectiveness?" (Grout et al, 2014).…”

Section: Introductionmentioning

confidence: 99%

Planning and the making of a propertied landscape

Fawaz

2016

Planning Theory & Practice

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Although property is a basic ingredient of planning, its repercussions on the profession have rarely been considered. Building on the critical analysis of property, I argue that planning is giving in to the "property effect," the unquestioned assumption that natural and built landscapes are propertied. Looking specifically at one case-study of land-use planning in Tibneen (Lebanon), I show planning interventions replicate inequalities embedded in property relations, maintain the dominance of propertied representation of the landscape, and limit possible claims over natural and built landscapes to those formulated within the framework of the ownership model. Consequently, landuse planning determines the possible futures of particular towns and regions through the institutional structures of the property regimes in place and within the historically and geographically contingent political-economies where these regimes operate.

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The Evolution of Zoning Since the 1980s: The Persistence of Localism

Cited by 6 publications

References 50 publications

Of property and planning: a brief introduction

Of property and planning: a brief introduction

Agricultural Zoning and Policy Conflict: Thailand’s Experience

Planning and the making of a propertied landscape

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