Geography 4742 Land Use

Geography 4742 Land Use

Lecture Notes

Jan 21

Geography and Law of Land Use

Platt Chap. 2.

Land use geography explains the patterns and functional inter-relationships of units of land and land uses.

Describe: where, how much, what conditions

Explain: why.

Why Platt’s focus on law? (besides fact he is also trained as a lawyer?)

Because the state has long had a big role to play in land use and thus to explain patterns one must turn to legal institutions.

So, we have a third epistemological category:

Prescribe: What are desirable land uses, how might they be achieved, and who has the authority to decide?

Private right ---- public values ---- public power

WHY?

Spatial organization of land uses: physical, human factors

Economic explanations: land rent.

Cultural and social explanations: traditions, goals, desires, NIMBY, etc.

Technological explanations:

Scales

Owner – local (minor civil division) like municipalities, counties, special districts --- states --- federal

Hierarchy:

Physical: drainages, bio-regions.

Human:

Use: residential, retail, industrial, etc.

Function: Primary, secondary, tertiary

Externalities: transboundary issues

Ownership/jurisdiction: rights to use, right to regulate use.

Right to regulate land use: Anglo-American common law legal tradition/doctrine

Constitutional law: federal and state constitutions: especially "takings"

Fifth Amendment: due process, compensation,

Local: statutes, regulations, ordinances

How the "law" and federal policy affect land patterns: surveys, parcels, riparian, etc.