Mid-term Review Sheet

Geography 4742-003

Land Use

Study topics and questions for midterm. The exam will be in the form of short essays, short answers, and multiple choice.

1. Be conversant with the English common law roots of land use planning in the US, from Platt. Understand also how trespass, nuisance and building laws developed and were transferred from England, laws that became important elements of American land use zoning.
2. What are the typical rights associated with land ownership? Know the "bundle of rights" metaphor. And the basic rights laid out in Platt. Recognize also some weaknesses in absolute ownership rights, like easements. Don’t worry about property description. Then be able to define the problem of "takings", and describe how court decisions have defined what land use regulation constitutes a takings (e.g., the test of takings).
3. Describe at least three distinct land use planning strategies that can help local government avoid the constitutional "taking" of private property while still regulating land use, and describe how each addresses issues brought up in recent court cases on takings. This is from Platt and Strong et al.
4. Describe the roots, logic, and land use outcomes of Euclidian Zoning.
5. Give examples of land use tools and actions that can regulate land use other than zoning (purchase of development rights, fee-simple purchase and management by public agency; performance standards/overlay zones, and environmental regulations like wetlands and floodplain) These are best laid out in Steiner.
6. Describe the three main goals of "growth management" (shape, control timing/rate; limit total). Compare Ramapo to Petaluma.
7. Compare and contrast three distinct definitions of urban sprawl (Gillham)
8. Describe how each of these "make" sprawl (e.g., relatively low density suburban/commercial development that dominates American development patterns; Gillham):

• Land Ownership/Use; Markets
• Transportation patterns
• Regulations and Standards

Sample Questions:

Short-answer (10 points):

Give three aspects of land use and development that that Euclidian zoning is typically used to regulate.

__________________________________

__________________________________

__________________________________

Give three examples of how government might accomplish specific land use goals (e.g., protection of opens pace) without using its police powers to zone or outright regulate land uses:

___________________________________________________________

___________________________________________________________

__________________________________________________________

Essay instructions: Choose any TWO of these to answer. Good essay answers are accurate, complete (answer each part), concise (probably less than 500 words), grammatically correct, and legible. Because the material is far-ranging, these will be graded "on the curve" compared to the best answers by your classmates.

Define the difference between land use and land cover and explain how they affect each other. Give examples.

So you want to place some regulatory requirements on land uses in order to achieve some community goal (e.g., reduced flooding, beach access, open space, etc.). Describe four strategies that land use managers should apply in their regulatory actions to reduce the likelihood that their actions will be considered an unconstitutional "takings" of property. Be sure to explain how each strategy accomplishes the goal of reducing "takings" and cite the relevant legal principle or precedent.

Describe the main indictments offered by critics of anti-sprawl programs (O’Toole). Address their criticisms about, at a minimum, congestion/transit; density, growth boundaries, and housing prices. (Note: in doing this you also end up identifying planning actions often used to try to reduce sprawl).