Land use can we keep public and private rights in balance?

[From the U.S. Government Printing Office, www.gpo.gov]

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can we keep public and private rights in balance?
HD
189
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1974 LAND USE

Incentives v. penalties
Contents Procedural review?
National policies and substantive review?
Introduction 3 Federal coordination?
I Land use patterns 4 A minimal federal role?
The, past,, 4 European experience
The present: 5 The emerging role
Spread city The citizen's role 27
The future 6 4. Conclusion 28
The growth debate 7 Sources and resources 29
Land use and government 8 Books and pamphlets 29
Land use planning Magazine and periodical articles 30
Tools for implementation
The police power Government publications 30
Eminent domain References 31
Taxation
Public expenditure
2. What kinds of land use decisions? 11
The public good v. private rights 11 Prope,t
Exclusionary patterns 13 y Of CSC Library
Where and how should development occur? 14
Critical areas
Critical activities
Can a balance be found? 15
3. Who should make land use decisions? 16 !@2
The state role 17 00
Congressional proposals
The ALI model code
The "Quiet Revolution" U.S. DEPARTMENT OF CUV',"'
The local role 19 COASTAL SERVICES C@@ N I
A state-local partnership? 22
Regional alternatives 22 2234 SOUTH HOBS01\
The federal role 23 CHARLESTON

-4

The league of Women Voters Education Fund

o why is everybody talking about land use?
and what do they mean?
o who will make land use decisions
--the federal goverment?
--state government?
--local government?
o how should the citizens' role be buiLt into
the process?
o how do land use decisions affect
--the land and the environment?
--the rich and the poor?
--landowners and tenants?
--the young and the not so young?
--minorities and majorities?
--the individual.... and the community?
--the private interest and the public interest?

AND

can we keep public and private rights in balance?
LAND USE

Incentives v. penalties
Contents Procedural review?
National policies and substantive review?
Introduction 3 Federal coordination?
1. Land use patterns 4 A minimal federal role?
The past 4 European experience
The present 5 The emerging role
Spread city The citizen's role 27
The future 6 4. Conclusion 28
The growth debate 7 Sources and resources 29
Land use and government 8 Books and pamphlets 29
Land use planning Magazine and periodical articles 30
Tools for implementation
The police power Government publications 30
Eminent domain References 31
Taxation
Public expenditure
2. What kinds of land use decisions? 11 LEAGUE OF WOMEN VOTERS OF THE UNITED STATES
The public good v. private rights 11 1730 M Street, N.W., Washington, D.C. 20036
Exclusionary patterns 18
Where and how should development occur? 14
Critical areas Please send copies of LAND USE?
Critical activities Publication No-._485
Can a balance be found? 15
3. Who should make land use decisions? 16 Name
The state role 17 Address
Congressional proposals City
The ALI model code State Zip
The "Quiet Revolution"
The local role 19
A state-local partnership? 22 Single copies 75t Quantity Rates on Request
Regional alternatives 22
The federal role 23 NOTE: ALL ORDERS SHOULD BE PREPAID

that responsibility for protecting the land and its re-
I ntroduction sources goes alongside the right to own land. As the Sen-
ate Committee on Interior and Insular Affairs has said,
Man's dependence on land is so basic a fact of life that "Land must be considered as more than a commodity
every culture speaks to this intrinsic relationship. to be bought, sold and consumed; rather it should be
. . . The Boganda of East Africa believe that spirits are viewed as a finite resource to be husbanded."(1)
associated with trees, pools, mountains and other na- In an ongoing debate across the country, we are be-
tural phenomena. If a Bogandan alters the landscape or ginning to reshape an ethic of land use. A multitude of
neglects a spirit's residence, he may be inviting illness proposals and techniques for controlling land use and
or other misfortune. development are under consideration, as citizens, plan-
. . . The Shinto religion of Japan regards the spirit of ners, administrators, legislators, and executives explore
man as akin to the spirit of nature (equal, for example, alternative solutions to growth and land use problems.
to the spirit nature of pine trees, honey bees, and sal- Congress has considered legislation to aid state land use
mon). Believers express this kinship by relating construc- planning and has passed environmental and coastal zone
tion closely to the natural site. laws with land use components. A demand is emerging
. . . In the Hopi Indian society, whatever land is strategic for a national growth or development policy to determine
for survival is owned by the clan and is distributed on a how large and in what directions our nation should grow.
temporary basis among clan members for their use. This To get a handle on the complex issues in land use re-
land cannot be sold nor can it be inherited by individuals. quires some historical perspective on our changing atti-
In the United States, a renewed concern with man's tudes toward land, as we evolved from an agrarian colo-
dependence on land is causing a major reappraisal of nial society to a point where we face a future of coast-
our attitudes toward it. For two hundred years an indi- to-coast megalopoli-how we grew and where we are
vidual's freedom to use one's land as one wishes has headed. It is against this backdrop that one must examine
been cherished as an implicit value of American life, the most hotly debated land use topic-a direct conse-
though in actuality government controls have always quence of our nation's rapid urbanization: Do we need to
made that freedom less than absolute. guide urban growth by controlling land use? If so, what
As we changed in character from a predominantly tools are available in the governmental tool kit, and how
rural to a predominantly urban nation and as once- might each of these tools-planning, regulation, pur-
plentiful land disappeared, concern over how we have chase, taxation, and public expend itu re-work?
used that land has mounted. Now, new voices are being But solutions aren't going to come in pre-packaged
heard, stating another view: that we must have more kits, however sophisticated. To limit and guide the use of
public control of land use, to protect vital resources and land is necessarily to infringe on dearly-held private
the well-being of all those who depend on the land. It's property rights. The toughest questions Americans have
a view that reemphasizes values of interdependence and to answer lie in this sphere. At what point should the
community. We are being reminded often, these days, line be drawn between private rights in land and the

public interest? Are there overriding human concerns?
Do the poor, minorities, and elderly require special at- Land use patterns
tention in land use decisions? Even if we agree that our
use of land should be better controlled, there are still Ttw past
hard choices to be made. How is it that we find ourselves, as a nation, at such a
If government (at whatever level) steps into the land pass-so critically in need of sound, coherent policies
use picture, it has two basic options: to control the and procedures and so far from possessing them? A look
geographical land area itself or to control the uses that backward may shed some light.
owners (whether private or governmental) make of the From the very beginning of the nation, the federal gov-
land they own. Beyond this fundamental choice lies a ernment has been a powerful force in shaping our land
thicket of decisions to be worked out-where and how use and development-sometimes directly, sometimes
development should occur or, more specifically, which indirectly. Until the mid-nineteenth century, vast amounts
land areas and activities need oversight. of territory (roughly 76 percent of the U.S. mainland) be-
Even here, it's not just what kind of land use decisions came the property of the federal government through
that matters, but who decides and administers. Two other purchase, seizure, or annexation. According to Dr.
vital issues: which level of government (local, regional, Marion Clawson, a respected land use authority, "Per-
state, or federal) might decide the nature of land use con- haps never in history has so much valuable territory been
trol and by what means (incentive or penalty). For ex- acquired for so little money and so little blood. Within
ample, higher levels of government may be better able much less than a hundred years, an immense area con-
than lower levels to consider regional, state, or national taining some of the world's best farmland, many rich oil
values in land use, but they are usually further removed lands, and much mineral wealth was acquired for the
from local citizen input. Yet citizen involvement in land people of the United States."(2)
use decisions and mechanisms to increase that involve- Concurrent with the period of acquisition and continu-
ment need to be encouraged, so that all those whose lives ing throughout the nineteenth century, the federal gov-
will be affected by change, not just thoge most narrowly ernment acted as a conduit-acquiring and then dispers-
involved, can be heard. ing land to private ownership through sale or grant.
Despite often intense political differences over the nature
of land disposal, the laws ultimately enacted were gener-
In short, a land ethic changes the role of Homo Sapiens ous, requiring little or no payment and few improvements.
from conqueror of the land-community to plain member Large land grants were made to states for public pur-
and citizen of it. It implies respect for his fellow- poses such as schools and reclamation; other grants
members, and also respect for the community as such. were made to encourage construction of railroads, canals
and highways.
Aldo Leopold, Under the aegis of such laws as the Northwest Ordi-
A SAND COUNTY ALMANAC. 1949. p. 204. nance of 1785, the Preemption Act of 1830, the Home-

stead Act of 1862 and the Desert Act of 1877, two-thirds is no. The United States possesses a very comfortable
of federally owned land passed into private ownership. supply of land (11 acres per person in 1970). Although the
Though marred by all too many instances of illegal world average is roughly the same, our land is far more
claims, squatters and speculators, these laws and productive than the average, with not more than 12 per-
other federal decisions encouraged the uncontrolled cent classed as having only slight value for surface devel-
growth and development which constituted, in effect if opment. In fact, sheer quantity of U.S. land is not yet so
not by plan, our overall national land use policy. much a problem as is the quality of our land and the way
A change in federal settlement and growth policies we use it. Environmental degradation, social exclusion,
was signaled in 1872, when 1.9 million acres were set and uneconomic, inefficient location of uses are increas-
aside for federal reservation as the Yellowstone ing, particularly in urban areas. The quantity question is
National Park. But not until 1891 was the first system of a ionger-range issue-though not one that can be dis-
federal land reservation established under the Forest missed offhand. (5)
Reserve Act. Thereafter, remaining public lands were
either administered by the federal government for graz- Spread city
ing, mining, forestry, military and other purposes or were While population growth is an important factor in our
permanently reserved as national parks, wildlife refuges, demands for land (the lowest of census projections is
wild and scenic rivers, natural forests, and Indian reser- for 40 million more people by the year 2000), the more
vations. (3) pressing problem is population distribution, our pattern of
settlement. If the nineteenth century can be characterized
Ttw present as a period of westward settlement and expansion, the
The abundance and diversity of our domestic land re- twentieth has been a time of rural to urban migration.
sources are striking. U.S. topography ranges from (The Census Bureau defines "urban" to mean places of
mountains to swamps and broad rolling plains, the 2500 population or more.) In 1790, only 5 percent of the
climate from artic tundra conditions in northern Alaska U.S. population was considered urban; by 1970, roughly
to a tropical rain forest on Key West. Rich fertile soils 71 percent of the population lived in urban places-on
diverse mineral resources, and manifold varieties o@ two percent of the land surface.(6)
native vegetation make up some of the most productive The United States grew from farm to small town to city
land in the world. In 1969, U.S. land use was distributed to metropolitan area. Today, two metropolitan growth
roughly this way: 32 percent forest and woodland, 27 trends are taking place simultaneously: on a national
percent pasture and grazing land, 21 percent crop land, scale, the overall proportion of people classified as metro-
4 percent recreation and wildlife use, 4 percent urban politan is increasing (between 1960 and 1970 the popula-
and transportation use, and 12 percent miscellaneous tion of the United States grew 13 percent while the metro-
(including marshes, sand dunes, bare rock areas, desert, politan population grew 23 percent); within each metro-
tu nd ra). (4) politan area, the population density is dispersing as the
To the question, Are we running out of land? the answer land area for metropolitan purposes is expanding. Nearly

all metropolitan growth took place in the suburbs, while comitants of this dispersed life style are the lack of a
central cities have declined in population. For some time, sense of community and the loss of diversity. Meanwhile,
the rate of expansion of the acreage of metropolitan the rural countryside recedes still farther out of reach.
settlement has actually been greater than the rate of While metropolitan areas grow, rural areas decline. A
population growth would alone justify. For one reason, revolution in farm methods and decreasing employment in
rapid economic growth and technological developments such industries as mining, fishing and forestry are major
have fostered urban geographical expansion. Everyone factors in the rural to urban migration that has occurred
recognizes the reciprocal roles that the automobile and during this century. As rural employment opportunities and
our extensive highway system have played in making tax bases decrease, large areas of the nation lack ade-
Americans mobile and creating suburbia with its low- quate housing, roads, sewers and other basic public serv-
density settlement patterns.(7) ices. In 1970, more rural families (13.8 percent) than
As metropolitan areas expand outward at relatively low metropolitan families (7.9 percent) were below the offi-
densities, the "regional city," spread out and multi-nodal, cial poverty level.(9)
is becoming the dominant American settlement pattern.
Fragmented governmental jurisdictions can't handle eco- The future
nomic, social, and environmental problems of regional Urbanization isn't going to stop, at least not for the short-
scope. Simultaneously, as employment, shopping centers term, foreseeable future. Seventy-one percent of our
and wealthier residents move to the suburbs, central population already resides in metropolitan areas; by the
cities face grim problems-substandard, deteriorating year 2000, 85 percent of our population is projected to be
housing; inadequate open space; high concentrations of metropolitan, largely through natural increase rather than
air, water, and noise pollution; lack of mass transit; poor in-migration. Metropolitan concentration on a national
public facilities; a decreasing tax base; and a resultant scale and dispersion and expansion within metropolitan
concentration of the poor, the elderly, and minorities areas are expected to increase. (10)
(more than four-fifths of all metropolitan blacks lived in The Commission on Population Growth and the Ameri-
central cities in 1970).(8) can Future made these projections for the year 2000:
The problems of sprawling, low-density suburbs are approximately 20 million more acres will become ur-
just as evident: monotonous, disorderly, inconveneint banized (equivalent to the combined area of New Hamp-
development patterns; galloping consumption of forests, shire, Vermont, Massachusetts, and Rhode Island). Sev-
farms, streams, swamps, open space, and scenic areas; eral metropolitan areas and intervening counties will be-
lack of mass transportation for access to employment come a series of continuous zones, termed urban regions,
and other opportunities; high costs of public services such within which one is never far from a city. Much farm and
as electricity, sewerage, gas, phones, schools, fire, rural land near cities will have disappeared, and many
police. One of the suburbs' contradictions is the large pro- areas now considered remote from cities will be home to
portion of idle land as developers "leapfrog" across va- commuters. Second homes will become more common,
cant lots to build on the rural-suburban fringe. The con- and many resort areas will be subdivided and suburban-

ized into large-,size lots. More people with more money tury-perhaps the major issue. According to the Task
will increase the use of land for outdoor recreation and Force on Land Use and Urban Growth, "A rising empha-
second homes, with resultant higher energy consumption sis on human values, on the preservation of natural and
and increased impact on the natural environment. (11) cultural characteristics that make for a humanly satisfying
Limits on energy consumption may, paradoxically, give living environment" has led an increasing number of citi-
cities and suburbs a Chance to revitalize themselves-to zens to challenge growth as an end in itself. (13)
become economically viable, compact, multipurpose-in Doubters of the "growth is good" maxim, which has
short, livable. Energy problems may well reverse the flow guided the United States until recently, believe that rapid
to the suburbs. With increased fuel costs, both businesses population and economic growth is neither necessarily
and households may begin to seek in-town sites, close t 'o good nor inevitable. They blame growth for many of our
the central business district and mass transit. Rail access current ills-the deterioration of the environment . . . un-
is now becoming an important criterion for development. acceptable air and water pollution ... less access to open
A combination of land use planning and control could en- space and recreation . . . higher levels of noise and con-
courage this trend and reduce the enormous energy con- gestion . . . loss of a sense of order, cleanliness, and vis-
sumption associated with urban sprawl. ual harmony. Critics often argue that indiscriminate de-
As we move toward the more intensive and multipur- velopment destroys the sense of community. They under-
pose use of land which a growing population will dictate, score the inconvenience and isolation of life in "spread
land uses within urban areas will increasingly impinge on city," where home is separated from shopping, offices,
one another. According to the estimates for the year 2000 schools, and open space. Not only is growth seen as a
by Resources for the Future, Inc., if present trends were serious threat to the natural environment and to the qual-
to continue, land demands for all uses (crop land, forest, ity of life, growth is also perceived by those who question
grazing and pasture land, recreation, and urban uses) it as stimulating higher costs of public services and there-
would add up to 50 million more acres than the country fore higher taxes.
has. At present, the considerable acreage of land clas- The band of doubters grows daily. Evidence of the
sified as pasture and crop land constitute a "bank" of search by suburban citizens and communities for ways to
open space; as we grow, these lands will be taken out of limit or guide growth are everywhere: for example, mora-
the bank and developed. Thus, conflicts between the pres- toriums on water, sewer, and building permits; population
sure to preserve land for open space and wilderness uses limits; timed development ordinances; large-lot rural
and the pressure to develop land are expected to inten- zoning; building height limits; public acquisition of private
sify, and the overall supply of land for all uses will become land, preferential or deferred taxing systems.
a more urgent problem.(12) Growth proponents contend that halting growth is not
practical or even possible. If growth is restricted, they
The growth debate argue, our needs for beneficial economic development,
The "growth or no-growth" debate is emerging as one of energy, natural resources, food and housing will be ig-
the major issues of the last quarter of the twentieth cen- nored. Between now and the end of the century, the

United States will have at least 40 million more people. clared that no-growth is not a viable option for the coun-
Where will they live and work, if growth is limited? Can try in the remainder of the century: the urban region and
the freedom to live where one chooses be denied? Mobil- future population growth are facts of life. "The issue is
ity is a key to improving one's economic position. not whether there will be urban regions . . . but what form
In addition, today's housing supply doesn't even meet these urban areas will take." For example, our popula-
the needs of today's population. According to projections tion can grow and still occupy the same space at higher
made by the National Commission on Urban Problems, densities. The system must be rearranged and redesigned
4.2 million new and rehabilitated low- and moderate- to guide urban development rather than prohibit it.(15)
income homes need to be built within the next five years, In the past, economic growth and development have been
not to mention the need to improve substandard hous- associated with prosperity, opportunity and social prog-
ing. (14) Where are the 40 million more going to be ress. If the adverse effects of growth can be minimized,
housed? growth may actually help to achieve a better quality of life
Some critics believe that anti-growth philosophies are -by developing new technologies to clean up pollution,
prompted by exclusionary motives. They point out that for example, by building new communities, and by pro-
no-growth in one area inevitably means growth elsewhere, viding jobs for the unemployed.
if room is to be made for more people, and they note that
many people who object vehemently if growth takes Land use and government
place in their neighborhood say very little if growth takes How have governments in the United States responded to
place elsewhere. Since growth may be desirable for those growth and land use problems? What governmental tools
groups in society whose share in our present material are available to regulate or influence land use?
wealth is small, many minorities read "no-growth" as Today, about a third of our land is directly owned and
code language for "keep out." managed by the federal government. Almost all of the
Some argue that the real problem is not population remaining two-thirds of our land is privately-owned.
growth but our profligate levels of consumption or eco- However, government at all levels-federal, state, and
nomic growth. Higher incomes create higher demands local-can and does influence the use of private land,
for the use of land-larger homes, second homes, travel both directly and indirectly.
and recreation, shopping centers, power plants, and so
forth. The solution, they say, 'is to institute a new value Land use planning
system predicated on restraint and reduced expectations. Before a government can correctly prescribe uses to
Still others contend that the "growth versus no-growth" which a particular parcel of land can be put, it should
debate is not an either-or issue. They believe that devel- have an overall plan, or a description of how goals are to
opment should not be stopped but managed. Growth be achieved over a stated period of time, based on a
which provides the necessities of life (food, clothing, study of resources, needs, and potentials of an area.
shelter) need not produce dismal consequences if it is Comprehensive land use planning is therefore a basic
guided by concern for a desirable quality of life. governmental activity, which can prevent inefficient and
The Task Force on Land Use and Urban Growth de- inequitable use of land resources, if carefully coupled
8

with legal authority to implement the plan and thereby tion, which declares, "The powers not delegated to the
control land use. United States . . . nor prohibited to the States, are re-
The justification for land use planning goes this way: served to the States . . . ... But the states, traditionally re-
In a free enterprise society, the development of land often garding land use as a local matter, have delegated much
has hidden costs which are not completely reflected by of this power and responsibility to local governments. Few
the market pricing system. While the private owner does states have established even minimum standards. Of
pay the costs of acquiring and developing land, other some 60,000 local jurisdictions authorized to zone, only
costs stemming from the owner's decisions are borne by about 10,000 have actually exercised the power, and
other people. For instance, the costs of water pollution or among these the effectiveness varies widely.(14) The
of cleaning up water pollution, the costs of traffic con- upshot is that the police power, which in theory is the
gestion or of controlling or reducing it, the costs of most direct mechanism for land use control that govern-
crowded schools or of improving schools are very often ments have, has to date been underused and therefore
borne not by the person who profits from the land use less potent in practice than other government tools.
choice but by neighbors or by a later generation. The Disenchantment with the system of local zoning is be-
market system is imperfect because private owners may coming pervasive. Because the scope of regulation has
not want to pay the additional costs, lack complete been no wider than the community's boundaries, a mul-
knowledge, or work in a noncompetitive situation. Land tiplicity of jurisdictions has fragmented decision making
use planning supplements the market pricing system by in metropolitan areas. By attempting to protect neighbor-
considering public as well as private costs and needs.(16) hood character and private property values, zoning has
At the same time, it has been argued that a single de- prevented innovative patterns of development and low-
veloper cannot be responsible for all the costs inherent cost housing for the poor. In practice, zoning has not
in land development. Pollution costs are cumulative, while encouraged planning for the long term, guiding new subur-
standards may be new. And development can produce ban development, protecting agricultural or recreational
benefits, too, by providing new housing and employment land, and providing low-income housing sites. On the posi-
opportunities, for instance. tive side, zoning has preserved the quality and value of
Tools for implementation some established areas by protecting neighborhoods from
incompatible uses without resorting to large-scale public
The police power The police power is the inherent power acquisition of land.
of government to exercise reasonable control over per-
sons and property in the interest of the general security, Eminent domain Governments also have the power of
health, safety, morals and welfare. When a government eminent domain, the power to condemn and purchase
directly regulates or controls private land without mone- private land for public purposes, such as highways or
tary compensation-by zoning and subdivision regula- parks. The sheer monetary burden of outright purchase
tions, health and building codes, for example-it is exer- makes widespread use of this power by local and state
cising its police power. This power resides with the states, governments impractical. To date, the federal urban re-
according to the 10th Amendment of the U.S. Constitu- newal program is the largest public effort to acquire urban
9

land for redevelopment. Other examples of the use of Public expenditure Zoning, of whatever kind, has in prac-
eminent domain authority (and public expenditure) include tice exerted less influence on land use patterns than has
highway programs, land banking, purchase of land for the power to spend public monies. By providing or extend-
public parks, and large-scale land assembly for the con- ing services, subsidizing private activities through grant-
struction of new towns. The New York State Urban De- in-aid programs and loan guarantees, and selectively lo-
velopment Corporation, a statewide governmental agency, cating major installations, government at all levels has af-
is exercising its power of eminent domain in order to de- fected land use decisions and values. The location and
velop low-income housing, inner-city areas, and new design of water and sewer lines, airports and highways,
communities. for example, can spur intense land development by pro-
Taxation Taxation is another important power. In fact, viding access to an otherwise quiet rural community. Re-
the property tax is often cited as a chief cause of distor- cently, the idea of public recoupment of private specula-
tion in land use patterns. Because local governments rely tive gains in land value created by expenditure of public
so heavily on the property tax for revenues, communities monies (often referred to as the "unearned increment")
have, in effect, practiced "fiscal zoning," that is, zoning has been receiving increased attention.
land for uses that will produce high revenues (industrial, To sum up, a combination of tools is needed, because
commercial or high-income residential uses) rather than no single governmental tool can effectively guide land use
low revenues (such as low-income housing and open by itself. Of all the governmental powers available to in-
space). In addition, administration of the property tax- fluence or control land use, whether positive or negative,
through inequitable and uncoordinated practices at the the powers of public expenditure and taxation have so far
local level-tends to cause speculation and premature, had by far the greatest effect; the police power to regu-
sprawling development in the suburbs (such as conver- late (zone) and the power to purchase land have, to date,
sion of farmland to subdivisions, strip development along been used cautiously, with varying effects. The latter two
highways) and more rapid abandonment and deteriora- powers could, however, become more effective tools in
tion of housing in the cities. Among. remedies that have the future. Although widely acknowledged as necessary,
been advanced are the conscious, successful coordination of these four
powers with the overall practice of planning (resulting in
0 shifting property tax administration to the state level, implementation of plans) has yet to be realized. (14) 0
0 taxing land alone rather than improvements and
buildings on the land (such as a site value tax), and
11 taxing certain uses (such as agriculture) preferen-
tially.
For the role of the federal income tax, see the section,
"The federal role."

. . .the right to monetary compensation for public re-
What kinds of land use strictions on private property . . . even the right of self-
determination. These premises stem from the concept of
decisions? fee-simple ownership, which was espoused in the
United States in reaction to European monarchical tra-
The public good v. private rigift ditions. Opponents of strong land use regulations decry
The Fifth Amendment to the U.S. Constitution guarantees erosion of private property rights and enlargement of gov-
that private property cannot be taken or regulated for ernment control. They believe that land use regulation is a
public use without just monetary compensation. But de- power inconsistent with capitalism and a free society-
termining exactly when land use regulation constitutes a that a fundamental interdependence exists between the
taking is left to the courts to resolve on a case-by-case personal right to liberty and the personal right to property.
basis. In general, courts have upheld land use controls To the rights guaranteed by the Declaration of Inde-
without compensation so long as the "health, safety, and pendence-"We hold these truths to be self-evident, that
general welfare of the community" is at stake and so long all men are created equal, that they are endowed by their
as the owner is not inhibited from making "reasonable Creator with certain inalienable Rights, that among these
use" of his property. On the basis of these conditions, are Life, Liberty and the pursuit of Happiness"-many
courts must decide whether the restriction is a taking for state constitutions added, "the right of acquiring, pos-
which the owner should receive the fair market value of sessing, and protecting property." (19)
the property. Advocates of stronger public controls recognize that
The question of how far any government can go in limit- the just compensation entailed in bringing lands under
ing development-or, in other words, of when a restric- public control through purchase would be prohibitively
tion becomes a taking-is still unsettled legally. All gov- expensive. They argue that there are, nonetheless, legiti-
ernment regulation of land use through the police power mate restraints on the concept of private control of land.
impinges on private property rights by limiting a land- They believe that in some situations the public good
owner's freedom to do with his property as he pleases. transcends the private right to sell or to lease for what-
The running debate focuses on where to draw the line ever use will bring the owner the maximum amount of
between the public interest and private rights. (17) money. They say that development is as much a privilege
Urging the need for a new land ethic, the renowned as a right, that if development is indeed a private right,
conservationist, Aldo Leopold, wrote that man must recog- then some public obligations go along with that right.
nize his dependence on land, using it as a common re- The Task Force on Land Use and Urban Growth urged
source rather than a private possession.(18) The simple that the Supreme Court take a broader position on the
rubric to view land as a precious community resource interpretation of the Fifth Amendment and extend the
rather than as private capital has, however, run headfirst scope of the police power in order to meet the needs of
into some long-held assumptions: the right to do with the future. They argue that rights to develop private prop-
one's property as one wishes . . . the freedom of mobility erty result from and, in turn, influence the actions of so-

The Fifth Amendment Because the relationship between land and income is
so complex and interwoven, the issue of taking land
No person shall be held to answer for a capital, or through the regulatory process is a serious one, far from
otherwise infamous crime, unless on a presentment or easy to resolve. Owners often base their own economic
indictment of a Grand Jury, except in cases arising in security on the expectation of "unearned increments."
the land or naval forces . . . nor shall be compelled in Pensioners and retired persons who have invested their
any criminal case to be a witness against himself, nor life savings in land, farmers who depend on land for their
be deprived of life, liberty, or property, without due proc- livelihood could suffer economic hardship if the rules of
ess of law; nor shall private property be taken for public the game were to be abruptly changed. What would hap-
use without just compensation. pen to the economically disadvantaged, the elderly, the
poor, the minorities, if land use restriction caused high
ciety (as in the construction of public facilities) and should rents, smaller incomes, or a depressed supply of homes?
therefore rest with the community rather than with prop- On the other hand, is it fair that an individual landowner
erty owners. They also note that the United States has realize enormous profit from the extension of a highway-
always had public controls. Although the attempt by King a public facility paid for by the taxpayer?
George in 1763 to forbid westward settlement beyond Those who take the middle ground want land treated as
the Appalachian Mountains was one of the motives for the both a resource and a commodity. The right to move
American Revolution, the thirteen original colonies and, throughout the country freely (known legally as the "right
later, states imposed strict controls on street design and to travel"), the rights of all persons to homes and jobs
layout and on iron mills, factories, and the like. Courts (which are in turn tied to the free availability of land), and
later used the nuisance doctrine to uphold such restric- the need to conserve a finite supply of land must be con-
tions. (20) sidered. Weight must be given not only to the question
In Great Britain, development rights are seen as cre- "Will this use reduce the value of an owner's land?" but
ated and allocated to the land by society rather than by also "Will this make the best use of land resources?"
the property owner. There a developer must pay a "better- One proposed concept for controlling land use, which
ment levy" if he gets permission to develop his land. The respects private investment in land and at the same time
British Town and Country Planning Act of 1947 (now allocates land use in the public interest, is that of trans-
slightly modified) declared that "ownership of land, gen- ferable development rights. In essence, it means that if a
erally speaking, carries with it no more than a bare right government were to prohibit development in an environ-
to go on using it for its existing purposes. The owner has mentally sensitive zone,it would allow an owner to transfer
no right to develop it, that is to say, he has no right to his frozen development potential to a more appropriate
build upon it and no right even to change its use, and if district. Up to the present, however, there has been little
he sells it.he can expect to get only its existing use value actual experience with development rights.
because whatever development value the land had is now As American attitudes and values toward land are chal-
expropriated by the state."(21) lenged, citizens must face these issues: Is the right to

own and develop land an inalienable right? Or should in urban and rural areas, but location and types of jobs
land be viewed as a scarce public resource and/or as a and housing available to the poor are also factors. As
commodity, that is, as private capital? Does private own- jobs and vital tax revenues move to the suburbs, ex-
ership in land imply social obligations? Who should clusionary land use mechanisms such as low density
benefit when public expenditures increase private land (through high minimum setback, building and lot re-
values-a few owners or the public? How can private quirements) zoning, sewer or building moratoriums, pop-
property rights be balanced with public rights in land? ulation limits, and inadequate transportation lock the
poor, the less affluent, and minorities out of the sub-
Exclusionary pafterns urbs. Combined with skyrocketing costs of land, labor,
Another fundamental issue is how to ensure that land and building materials and rising property taxes, the
use decisions are fair and unbiased toward the poor, the problem is worsening.
elderly, and minorities. The country is already stratified While communities continue to depend heavily on
along income and race lines; at the same time its popu- property taxes, they have strong incentives to exclude
lation patterns are more and more geographically dis- problems by zoning them away. The need for revenue
criminatory. favors small, rich families over large, low-income
The poor, the elderly, minorities and the unemployed families, and even young marrieds, the elderly, and
are concentrated-partly as a result of government poli- public service employees such as school teachers, fire-
cies, in rural areas and in the center city. Census data men and policemen are hard pressed to find adequate
confirm what any observer can see with a discerning eye. housing within their budgets.
During the 1960s, the black population of center cities The rural poor are also affected by land use decisions.
grew by 3.2 million while the white population declined In 1970, almost 60 percent of all substandard housing
by 600,000. In 1970, more than four-fifths of all metro- was in rural areas, which housed only one-third of the
politan blacks lived in the central city. The proportion of nation's population. Over three-quarters of these homes
American families in the center city with incomes below lacked piped water, a flush toilet, or a bathtub or shower.
the official poverty level, already high in 1960 (61.3%) Employment is hard to find and a declining tax base does
rose to 63.1% in 1970.(22) not provide adequate education, medical or housing serv-
These center city and rural dwellers tend to be dis- ices or the funds to cope with water pollution. (23)
advantaged in terms of housing, education, transporta- Equitable land use decisions should enable all seg-
tion, and public services generally. Suburban residents, ments of the population to enjoy and share in beneficial
on the other hand, are usually white, affluent, and able living, working, and recreation environments and to
to take advantage of housing, employment and educa- choose from a variety of living patterns. The courts have
tional opportunities. struck down racially motivated exclusionary land use
What are the causes of exclusionary population pat- regulations when the "right to travel" (or freedom of
terns? Racial discrimination, inadequate training, and choice) or the "equal protection" clause of the 14th
poor public services certainly help to perpetuate poverty Amendment is violated. In a test case, a U.S. district

court judge ruled that an ordinance limiting population
growth in Petaluma, California was unconstitutional. The Where and how should
ordinance would have allowed extending water services development occur?
for only 500 new units a year. In addition, moratoriums to If more public control over private property rights is nec-
extend sewer services have been judged exclusionary
when it has been established that a community had an essary or exclusionary land use practices must be
opportunity to upgrade sewage treatment capacity but stopped, there are further questions:
ignored the opportunity. Are there certain kinds of land uses of significant con-
Solutions that have been advanced to achieve equality cern to the public?
of choice for all include If there are, what kinds of land areas and activities
0 free or low-cost mass transportation to jobs should be controlled?
Which uses are of local concern? regional concern?
El requirements and incentives (such as density statewide concern? national concern?
bonuses, permit quotas) for developers to include low- The answers vary from region to region and from state
income housing in their developments; to state. For example, in developing our land use pat-
C1 combining low-income housing with suburban em- terns we have paid little attention to the suitability of
ployment centers such as industrial parks; land for different purposes. Or, put another way, we need
D priority attention to improvement of the center city to know the carrying capacity of land (the intensity of
environment; use which, if exceeded, will cause adverse environmen-
El redirection of economic growth to the city; tal consequences) in order to establish relative land
11 attachment of public housing referenda to open space use priorities.
referenda; If land is to be assessed on the basis of its carrying
capacity, then an area's natural carrying capacity has to
El regulation of land and property taxation by higher be determined, so that the community can project the
levels of government; adverse consequences of exceeding that capacity and
D a shift from the property tax to income taxes at the consider whether the costs exceed the anticipated bene-
local government level; and fits. For example, soil has a limited natural capacity to
El land banking for subsidized housing. treat human waste from septic tanks. If development is
However, local dependence on property taxes for permitted on the basis of using septic tanks but in reality
revenues and the desire to protect private property exceeds the natural capacity of the soil, then sewage
values are built into our institutions. But more and more treatment plants have to be constructed in order to
are asking: If land use decisions need to be balanced, avoid pollution. Society-governments-should be able
should not the needs of all segments of the population, to forecast the costs of these consequences and measure
particularly the poor, the minorities, the elderly, and the them against the benefits of development. The carrying
young be taken into account? capacity of such other natural phenomena as aquifers,

hillsides, soils and vegetative cover needs also to be wherever exclusionary local land use policies adversely
considered. affect the physical, economic, or social well-being of a
Certain land areas (based on character and quantity) region.
and activities (based on size and kind) are frequently
mentioned as requiring special regulation. Can a balance be found.)
Critical areas: Land use is often viewed as the common base for re-
fragile or historic lands, where development could result solving our environmental, economic and social prob-
in irreversible damage (such as shorelands of rivers, lems, The location of housing, employment, energy facili-
lakes, and streams; estuaries and bays; rare or valuable ties, highways, parks-all concern the use of our land.
ecosystems and geological formations; significant wild- The uses to which land is put influence the pace and
life habitats; unique scenic or historic areas; wetlands) character of economic growth, the severity of social
renewable resource lands, where development could re- problems, and the quality of the environment.
sult in the loss of productivity (such as watershed, aqui- Where so many diverse interests collide (develop-
fers and aquifer recharge areas, significant agricultural ment versus preservation, private versus public rights,
and grazing lands, forest lands) the needs of disadvantaged persons versus the needs of
natural hazard lands, where development could endanger the advantaged), reaching an equitable balance in land
life and property (such as floodplains, areas with high use decisions may be a herculean task.
seismic or volcanic activity, areas of unstable geologic, However, present urban and rural land use trends are
ice, or snow formations). increasingly seen to be environmentally and socially del-
eterious. There is also growing awareness that protection
Critical activities: of the private property rights of some has resulted in the
public facilities and developments, which may stimulate restriction of the right of the community as a whole to
secondary land use demands and need to be sited with enjoy a quality living environment. As "spread city"
this possibility in mind (such as airports, highway inter- grows, inner-city deterioration, imbalanced housing and
changes, power plants, water and sewer utilities, waste employment patterns, traffic congestion, and inadequate
disposal facilities) open space deny personal freedoms, environmental
private development, which may have substantial impact quality and social equality.
on the physical, social, and economic environments of a Americans seem to be searching for communities that
large-scale area (such as industrial parks, subdivisions, are livable. This outline of the components for a bal-
new communities, shopping centers, rural land sales anced, livable community suggests the kinds of yard-
and development projects) sticks we might apply in that search:
regionally beneficial activities, which need positive re- 11 social, recreational, ecological, aesthetic and safety
quirements for such services as low- and moderate-cost factors
housing and energy, recreational and other facilities location near employment centers with convenient,

inexpensive, and efficient transportation
El adequate educational facilities Who should make land
0 provision of public services on an equal basis use decisions?
0 easy access to commercial areas
0 the right to live in the type of housing desired, with- Growing disillusion about local control over land use in
out unreasonable restrictions general and zoning in particular has stimulated interest
El equality of opportunity for all income levels and in moving responsibility for land to higher levels of gov-
races. (24) ernment. The argument is based on the fact that, depend-
In the end, our land use problems would seem to have ing on the nature of the land and the proposed use, there
more to do with quality of life than with sheer numbers. is more than one public interest in land. A land use deci-
If the health, comfort, and happiness of the whole com- sion could involve the interest of adjoining neighbors, the
munity are fundamental goals, then perhaps it is time for interest of the whole local community, a regional inter-
a new emphasis on a quality living environment for all, est, a statewide interest, or even a national interest.
time to interpret the public interest more broadly, time The kinds of land use decisions ultimately made are tied
for more government involvement in land use. We need to who makes, administers, and enforces the decisions.
land use standards for tomorrow that embody relevant en- Whether the public interest is adequately considered
vironmental and social objectives, as well as an equit- depends quite often on which level of government has
able balancing of the public interest against private responsibility and through what means (incentives or
rights. All land use controls should be examined for penalties) decisions are implerhented.
compatible environmental and social goals. For example, History has blurred the once distinct roles of local,
it is fair to ask: Does this ordinance foster an integrated state, and federal governments in land use. For example,
or segregated society? Do environmental standards ade- as our towns and cities grew, the effects of land use
quately protect innercity residents and the rural poor? decisions spilled over precisely defined jurisdictional
Government should ensure that land use decision mak- boundaries. As noted at the beginning, the states are the
ing weighs and balances competing environmental, eco- ultimate legal source of the power to regulate land use.
nomic and social requirements and values. It should de- Historically, however, the states have delegated this
velop open and orderly land use procedures that would power to localities and have exercised little or no direct
encourage well reasoned and knowledgeable decisions oversight. But, in light of the inadequacies of local zon-
and avoid haphazard, precipitous development that ends ing and the reluctance or inability of many localities to
up with homes, jobs, services and open space out of tackle land use problems, proposals have been ad-
reach of one another. vanced to strengthen the role of the state in land use.
Can we, citizens and government together, meet the Other proposals delineate regional and federal roles in
challenge of establishing land use policies and proce- land use.
dures and build livable communities for all Americans? Any realignment of roles will be controversial. Tradi-
16

tions of local home rule, the protection of private property communities have done because they have wider over-
rights, and opportunities for local citizen input are at sight, they control major public works programs (such as
stake. Yet, given the generally acknowledged poor per- interstate highways), and they have the inherent power to
formance of local governments with present land use regulate land use. Because so much of urban develop-
control mechanisms, a realignment of government re- ment takes place in the suburban-rural interface where
sponsibilities may be the only solution. The crucial ques- local land use controls are often nonexistent or weak, the
tions at the forefront of the land use debate are: state may be able to play a critical role in controlling
Should the control of land, which up to now has been and planning these areas. States may also be able to
delegated almost exclusively to local government, be ex- solve environmental and social problems of regional and
ercised under limited, selected conditions, by higher statewide scope by considering the interest of citizens
levels of government? who live outside a locality but are affected by that local-
ity's actions. And states can overcome local officials'
If so, by whom, to what extent, and by what means? For vulnerability to local pressures by strengthening regional
example, should the means be the setting of minimum decision making. States might also coordinate land reg-
levels of performance? Should the means be exercise of ulation and taxation and adopt and administer standards
direct control? for new town development.
It has been said that the federal government has the Congressional proposals
corner on the money, the states have a corner on legal
authority, and local governments a corner on the prob- Congress seems to look kindly on enhancing the state
lems. To date, all three levels have been reluctant to ex- role. In the last several years Congress has been moving
ercise control over land, yet all three have the potential toward enactment of the national Land Use Policy and
to influence the way we live in the future. Planning Assistance Act. Though no bill has been
passed and signed into law, the general thrust of S.268,
What are possible arrangements for exercising land use passed in the Senate in 1973, is to provide federal finan-
control at each level of government? cial assistance to encourage state planning and control
What are the pros and cons for each? over land use of clearly "more than local concern," not
to establish federal planning or zoning. Assuming that
states will differ in their approaches, federal review of
Tte state role state land use programs would focus not on their sub-
The most widely discussed solution is a stronger state stance but on whether the state is making "good faith"
involvement in local land use decision making. Interest efforts to develop and implement its program. States
in the state role is not new. An attempt in the 1930s to would have wide latitude in determining how much or
build up state planning agencies dissolved. Nevertheless, what specific land should be controlled and by whom.
states are said to have great potential. They may be able S.268 included these features, as well: To qualify for
to guide growth more effectively and equitably than local federal assistance, states would be required to develop

within three years a planning process for identifying type or magnitude-roughly estimated as no more than
areas of critical environmental concern, key facilities, 10% of all land use decisions within a state. (26)
large-scale private development, regionally beneficial
development, and rural land sales projects. Within five The "Quiet Revolution"
years states are expected to exercise control over these Some states aren't waiting for a national law. They are
critical areas and activities of more than local concern, already moving on their own toward stronger land use
by using either or both of two methods: direct state controls. Within the last five years, at least twenty state
control of or state review of local decisions according legislatures have passed state land use control measures.
to state-established standards. A basic concept of the Others are heatedly debating proposals that if defeated
legislation is that decisions should be made at a level of are certain to be reintroduced the following year.
government where all those affected would have a mean- The state of Hawaii began what has come to be known
ingful opportunity to participate in the decision-making as "the Quiet Revolution." In 1961 it passed a land use
process. (25) law designed to reconcile three basic goals: 1) to pre-
serve prime agricultural land, 2) to encourage tourist-
The ALI model code oriented development without disturbing the attractions of
The proposed legislation was influenced by a Model the natural landscape, and 3) to provide compact urban
Land Development Code which the American Law In- areas where people can live at reasonable cost. A state
stitute (ALI) has been drafting for several years. The commission was set up to administer the division of all
code allows cities and counties to retain the initial power the land in the state into one of four districts-conserva-
to regulate land development. A local "land development tion, agricultural, rural, and urban. The Hawaiian commis-
agency" would use a development ordinance, develop- sion in effect limits urban growth by drawing the bound-
ment permits, and various categories of development aries of the urban districts. Only land so zoned is avail-
plans as tools for regulation. Development is broadly de- able for an intensive form of development, based on a
fined under the code to include almost every alteration of ten-year estimate of future needs. (27)
physical space such as subdividing, clearing, building, The scope of the states' land use programs ranges
and polluting. from comprehensive land use management programs to
Most development decisions would continue to be the controls limited to a few specific areas or activities.
primary concern of local governments. The state plan- Vermont's program, like Hawaii's, is an example of state-
ning agency would formulate a state land development wide comprehensive land management. Vermont's 1970
plan and establish minimum rules and standards for im- act confers upon the State Environmental Board and
plementing local plans. The state could designate and district environmental commissions the power to estab-
regulate land use in "areas of critical concern" and "uses lish comprehensive state capability, development and
of regional impact." A key principle of the code is that the land use plans and to pass on all major proposals for
state play a role in "big cases," only those having re- development throughout the state. The state plan is to be
gional or statewide impact by virtue of their location, developed in a three-stage process, with interim regula-

tion through a state permit system based on 10 statutory varies widely. No state completely controls land use.
criteria. While this type of approach does not involve the Rather, states can be placed on a continuum of balance
state in all land use decisions, the state program will be between total state control and total local control. Hawaii,
based on a long-range, comprehensive land resource Vermont, and Maine could be classed as having a greater
plan, with implementation of land regulations undertaken degree of state control by imposing initial state standards.
by the state in a joint arrangement with regional com- The ALI Code and the state of Florida utilize more local
missions. control: local governments make the initial regulatory
A second approach and one of the most popular is state decisions in critical areas, with state modification of local
management of areas of critical concern and activities of plans and regulations allowed only after a period of time.
regional impact. A Massachusetts law permitting override States also vary widely in their choice of a state adminis-
of local zoning codes to achieve dispersion of low-income trative agency. Some use an agency in the Governor's
housing is an instance. It regulates housing development office or a line agency in the Executive Branch, others
on the grounds that placement of low-cost housing has have created an independent commision, and still others
regional impact: one community's high-cost housing use state-created regional commissions.
enclave forces neighboring communities to meet the State experience with direct land use control is rela-
housing needs of the poor. The California Coastal Zone tively new, and most agree that it is too soon to judge
Conservation Commission regulates through an interim which methods are most effective. In addition, because
permit system all development in the coastal zone until a widely varying regional conditions, critical problems, and
state coastal plan is prepared. Under a 1971 act, Dela- political traditions exist, one state system may not be
ware bans all new heavy industry from the coastal zone to appropriate for another state.
provide for recreational use and tourism. Wisconsin regu-
lates development around its many lakes and waterways The local role
in order to preserve water quality. A number of states are There is no guarantee that shifting authority for land use
setting up several separate programs to deal with limited regulation to a higher level will result in any better protec-
areas and activities, which could ultimately be combined tion than can be provided by local officials. (Former
into comprehensive programs. Mayor Robert Knecht of Boulder, Colorado, in testimony
In some cases, states have taken over the management before the Senate Committee on Interior and Insular Af-
of land in uncontrolled areas when local governments fail fairs, 1972.)
to exercise delegated responsibilities. When zoning or Support for local zoning as a principle is stronger than
subdivision controls are lacking, states have created and that for state-administered land use regulation, but
enforced a set of minimum state standards for uncon- Vermonters would willingly divest communities of zoning
trolled or undercontrolled areas, until the locality adopts powers if they felt that local officials wouldn't enforce
regulatory legislation of its own. Oregon, Vermont, and these regulations rigorously. (Vermonters on Vermont,
Maine use this approach. 1972, page 2.)
The degree of direct state involvement in land use also These two statements reflect local attitudes toward

Prerequisites for a successful state land use program

States are short on experience in land use control. Adequate data base Data on land resources, popula-
Moreover, their needs and their programs vary. Certain tion growth, and so forth are necessary to provide a
general prerequisites are necessary if a state land use sound basis for decision making and to legally justify
program is to be successful: state intervention in decisions of more than local con-
cern. Such a data base can be extremely valuable in
Adequate funding Effectively involving the state in land preparing environmental impact statements.
use management is expensive. Costs for staff, re- Local participation Local governments should be en-
search, public meetings, publications and so forth are couraged to exercise land controls wherever possible,
essential for a strong state role. and such processes as advisory boards should be set
Citizen support Although geographic distance makes up to encourage maximum local input into state deci-
local citizen participation difficult, citizens throughout sions.
the state must demonstrate support for state legisla- Planning and regulation At any level of government,
tion, policies, plans, and decisions. States must estab- the planning process (evaluating alternative uses
lish processes to inform and involve citizens in all against overall goals and policies) and regulation
phases of the development and implementation of land (implementing plans) must be coordinated. One with-
use programs through hearings, meetings, advisory out the other will result in ineffective decision making.
boards, and so forth. Technical assistance Because local governments will
Administrative coordination If a state bypasses the still be responsible for the majority of day-to-day
existing system of local ,regulation when it sets up a decisions, the capacity of localities to plan and control
state administrative system, the end product is two land use must be strengthened. Localities need tech-
duplicating or overlapping systems, often doubling the nical advice, financial assistance, and legal authority
time required and increasing the costs of development to use innovative methods (such as land banking and
and administration. A single system with specific roles transfer of development rights) to upgrade the quality
for each cuts costs and is more efficient. Disputed of land use decisions.
decisions could be appealed to an administrative or Utilization of existing state authority Current state
judicial body. States also need to coordinate separate authority over construction and grant-in-aid programs
programs, such as air and water pollution control and such as highways and sewage-treatment facilitie's can
highway construction, at the state level. stimulate more effective land planning and control.

state land use control, the second indicating a modest 0 State control over "critical areas" would weaken
crack in the dike of public opinion that has traditionally localities' financial solvency. Certain categories of state
favored local autonomy. Persistently and often success- concern could cover substantial portions of a municipal-
fully, localities have resisted legislative attempts to im- ity's land area. If a state decided to limit development in
pose state controls. that area, it could also limit a local government's power to
The local-state land control dilemma is illustrated in a tax the land and raise revenues. Or, if a local government
vote taken by the Denver city council. In May of 1973 it wanted to refuse a large development on the grounds that
unanimously endorsed the "goals and principles of state it couldn't pay the public service costs generated by the
land use control legislation." In an equally unanimous development, the state could force the local government
vote it rejected the provisions of the bill as being unrealis- to accept the development. (On the other hand, it can be
tic and as an infringement on local rights. argued that allowing some communities to exclude devel-
The tradition of home rule is strong in this country. So, opment indiscriminately will lead to severe overcrowding
too, is uneasiness with a strong central government. A of housing and facilities elsewhere.)
1970 Oregon survey of citizen attitudes showed that 11 Out of a desire to reduce hostility to new legislation,
residents believed, by a 5-4 ratio, that local government states often institute new state controls by duplicating-
was doing only a fair to poor job in land use planning and and leaving untouched-the local apparatus. This political
control. Yet seven out of ten citizens wanted that power solution carries a high price tag, however: most state
left at the local level. Many arguments are advanced for systems lack a mechanism for continuing local participa-
retaining the power for land use regulation in local hands: tion, and consumers and taxpayers pay the bill for a dual
0 Local officials know community needs better and are system. Costs would go down if state and local zoning
committed to meeting them. regulations were merged into a single system with specific
11 Local government is more directly in the public eye roles for each level.
than the state government; therefore, local government El Some localities are far ahead of states in facing their
can provide better protection for the public interest. land use problems and exercising innovative controls.
C1 Because state planning officials and members of state Ramapo, New York has enacted a "timed development
commissions are generally appointed, they are further ordinance," which permits development only where
insulated from the voter. If locally elected officials are adequate oublic facilities exist. At the same time, the
unresponsive, they can be voted out of office. town committed itself to an 18-year public improvements
El Traditionally, rural-suburban majorities in state legis- program. Fairfax County, Virginia has received wide
latures have neglected social problems and problems of publicity for its proposed PLUS program (Planning and
the city. To date, state governments have unimpressive Land Use System), a coordinated guidance system using
records for devising mechanisms to deal with the social a timed development ordinance, a comprehensive county
and economic ills of the metropolitan areas. Nor is the plan, environmental impact statements, and a public
past record of state agencies in the environmental field facilities construction program. State control might over-
any more reassuring. ride such strict local standards in favor of weaker state

standards. (On the other hand, it has been argued that local controls. Of course, states might have to override
such controls will force neighboring communities to be localities in clearly exclusionary cases.
overwhelmed by an influx of people who are unable to Regional alternatives
live in Ramapo and Fairfax County.) A possible alternative to state land use control would be
A state-local pailnership? state encouragement of sub-state regional land use
It has been suggested that local governments would favor bodies, acting under the guidance of the state.
a shared local-state regulatory system if local govern- With the proliferation of general-purpose local govern-
ments could help design the system. The National League ments (38,000 in 1970) and with special-purpose districts
of Cities' U.S. Conference of Mayors did just that. It pro- multiplying apace (22,000), increasing emphasis has been
posed that each higher level of government be allowed to placed on the need for a fourth, regional tier of govern-
represent its broader constituency without usurping power ment. The need for a vehicle to balance area-wide bene-
needed at the local level for responsible decision making. fits and costs, for rational planning and decision making,
The proposal would require local elected officials to and for the efficient supply of public services is particu-
have a major role in formulating statewide land use plan- larly acute in metropolitan areas: virtually none of the
ning goals. Local governments could develop their own 200-odd metropolitan areas defined by the Census Bureau
responsible land use plans within the context of the state- is governed by a single all-purpose authority. Rather,
wide goals. Localities suffering revenue losses because of decisions with metropolitan impact are made on a piece-
land use planning decisions would get state technical meal basis by over 22,000 local governments in these 200
assistance and compensation. If a local government had a metro areas not to mention innumerable ad hoc and
land use program consistent with state plans and stand- special districts. (29)
ards, the states could not duplicate or preempt local Is it possible to fit regional decisions into a political
governmental authority. (28) system which is not organized along regional lines? The
Local officials generally agree that weak planning and state may be able to spur development of effective
implementation by localities should be improved with state regional government. A number of proposals to strengthen
help. They admit that many local governments need to state and local ties through regional agencies have been
develop their capacity to approach and solve land use advanced: the ALI model code proposed regional plan-
problems. However, they oppose a state bureaucracy pre- ning bodies as arms of a state land planning agency.
empting authority and perhaps destroying much of what Such entities would oversee land use of more than local
has been accomplished in local planning and regulation. impact and interpret local and state needs to each other.
They wish to be allowed, with state assistance and within The state, however, would be held accountable for the
the framework of acceptable state criteria and standards, effectiveness of regional planning.
to work out pressing and critical land use issues at the The Advisory Commission on Intergovernmental Rela-
traditional local level of government. Localities would tions recently recommended that states establish non-
prefer states to set minimum standards and criteria for overlapping regions throughout each state. Each region
localities to meet, encouraging stricter local standards if a would be headed by a council with
community wants them but not voiding more stringent 11 state and local representatives,
22

controlling powers over special districts, and ning, water service, transportation, and property tax
authority to review state projects. assessment, while local units control or share such
At the same time, the governor could veto any council functions as zoning (according to the regional plan) and
actions in conflict with state policies. If a majority of the fire protection. However, in the U.S., strong local govern-
local governments concurred, certain services, such as ments, accountable to an electorate and with traditions
planning, could be performed by the regional council. (30) and turfs to protect, have to date favored advisory regional
What regional arrangements have been tried? Regional bodies over true regional governance.
councils of government (COGs) have been encouraged by As one observer points out, "Statutory planning agen-
the federal A-95 Review Process which requires that cies and COGs can propose to their hearts' content, but it
certain requests for federal loans and grants be reviewed remains for the state highway department or the suburban
by a regional planning body, with a possible denial of municipality to dispose. . . ." (31) Dependent on persua-
funds by the federal agency or the U.S. Office of Manage- sion, the advisory COGs lack power to implement tough
ment and Budget upon receipt of a negative report. Today decisions on low-income housing, mass transportation,
some 600 COGs (which are voluntary and advisory only), and environmental protection. Participation by citizens-
aided partly by federal funds, bring local officials together particularly minority groups-has been largely overlooked
to discuss, study, and recommend solutions to regional by COGs: in 1970, only 30% of COG policy boards had
problems. In addition, some states have established minority group members and only 60% had citizen partici-
planning regions for administrative efficiency and eco- pation of any type.
nomic development. However, effective regional arrangements can be
Although few regional bodies now possess power to tax created and encouraged by the states, which possess the
and regulate, some local and regional officials favor inherent powers to tax, legislate and administer. For
strengthening the capacity of regional agencies rather example, the state of Minnesota empowered the Metro-
than that of state government. They say that local officials politan Council of the seven-county Twin Cities area to
can be more directly involved in the decision-making define regional functions, with the concurrence of the
process at the regional level and have greater under- state legislature. The Twin Cities council currently has
standing of the problems than the distant state level. powers to control development plans of certain key public
Here and there, governmental bodies have achieved a facilities and special purpose agencies. Council decisions
measure of control over regional decisions. Regional can be appealed to the state legislature. In addition, the
government has been created in a few metro areas by council has also instituted a unique tax-sharing system:
consolidation or by annexation. Another route to regional 40% of property tax revenues from new commercial or
decision making is a two-tier solution: consolidating industrial growth must be shared regionally.
greater-than-local functions into a metropolitan level, In point of fact, the state may be the best hope for
with a second tier of local units to control problems of metropolitan and regional reform. (32)
community or neighborhood scope. Metropolitan Toronto T1* federal role
is often cited as an example. The metro government has Today, federal activities (including loans, grants, and
jurisdiction over such functions as master land use plan- projects) have a significant influence on land use pat-

terns. Over 23 federal departments and agencies adminis- states to plan and manage their coastal lands and waters.
ter some 112 programs relating to land use. Unitl very Eventually, each state will have to carefully coordinate its
recently, the federal government has done little to coordi- air, water, and coastal zone programs with overall state
nate these potentially conflicting programs. The most land use planning.
significant federal activities affecting land use include the Incentives v. penalties
highway, airport, and mass transit programs, the sewer S. 268 assumes that the states are the proper vehicle for
and water grant programs, open space funding, agricul- instituting land regulation programs and would encourage
tural subsidies, planning assistance, the location of major states to assume this role through the incentive of federal
federal facilities, and water resource projects. (Although funding. Some believe that incentives are not enough, that
the complex problem of publicly owned lands is beyond penalties must be imposed on states that fail to develop a
the scope of this publication, the federal government land use program. Imposing such a penalty as a reduc-
directly owns and manages a third of the nation's land.)(33) tion in highway, airport, or land and water conservation
Other federal laws have also greatly influenced land funds, would also decelerate programs with major land
decisions by individuals and by private enterprise. For use impact.
example, when the U.S. government taxes increases in Procedural review?
land value as a capital gain at rates lower than ordinary The proposed legislation also limits the federal role to re-
income, it encourages land speculation; when it allows a view of state land use procedures, or mechanisms and
landlord to treat depreciation on investment in rental .
properties as a tax deduction, it encourages inner-city methods, rather than the substance, or standards and
deterioration. criteria, of state decisions. For example, these questions
Recent federal laws require state review of the environ- would be left to the discretion of each state: Should a
mental impact of land use plans and projects. The Clean state define a large-scale development to include a sub-
Air Act Amendments of 1970 have been interpreted to division of 20 units or 200? Should a state exercise its
require regulation of complex sources of air pollution zoning powers directly or establish guidelines for localities
(shopping centers, sports facilities, parking lots and to implement? Federal requirements would be flexible,
garages, large residential developments, and highways allowing states to determine their degree of control.
for example) and promulgation of state plans to preveni National policies and substantive review?
"significant deterioration" in an air quality region. The All these federal roles, existent or proposed, fall short of
Federal Water Pollution Control Act Amendments of 1972 what some see as the preeminent responsibility: to
also require that development of point sources of pollu- specify national goals and to develop guidelines which
tion (such as sewage treatment facilities and industries) define the state's role and establish consistent substan-
and nonpoint sources of pollution (such as construction tive standards for all states to follow. Those who favor the
and agriculture) be related to overall land use planning, federal government's providing a stronger leadership sug-
with consideration of regional impacts. The Coastal Zone gest that, at a minimum, matters of national concern such
Management Act of 1972 set up in the Department of as national security, housing, or environmental protection
Commerce a direct grant-in-aid program to encourage could be frustrated by conflicting state policies. They

believe that, just as some land use issues require state projects. S. 268 would require federal programs to be
action, some land areas and activities require national consistent with approved state land use programs. Others
action-to protect a unique estuary, for example. want stronger measures, including an overall planning
They further argue that to encourage the development office in the Executive Office.
of fifty separate state land use plans could result in inter- Others go further and suggest that land use planning is
state conflicts that could frustrate national interests for only one facet of a broader planning program which the
effective land management. Many land use issues spill federal government should intitiate. They envisage a
over state boundaries. Large-scale developments affect national growth policy which would guide and coordinate
growth patterns in adjoining states. Economic depression development, population control, housing distribution, the
in one state will cause migration to m 'ore prosperous use of natural resources, environmental protection, and
states. Many metropolitan areas cross state lines. For the location of government and private development. One
instance, the New York City metropolitan region crosses of the basic difficulties, however, is in defining the charac-
three states, and extraordinary measures are needed to ter and extent of federal interest. It would be difficult,
deal with three states' competition for tax revenues, as some say, to draft national policies and specific criteria to
well as exclusion of low-income persons and resolution of apply fairly across the board to rural and urban states.
environmental problems. A minimal federal role?
Senator Muskie (D-Me.) suggested that national At the opposite pole, others see any federal role in land
criteria be developed to judge whether or not a state has use as an unconstitutional preemption of the state's in-
met certain minimum standards of sound land manage- herent power to regulate land use, as well as an invasion
ment in the categories of floodplain management, preser- of private property rights. They believe that the federal
vation of agricultural land and wetlands, open space, role should not include participation in land use planning
uti I ity-rights-of -way, and provision for adequate power, at state levels, however indirect or procedural. They
water, solid waste and transportation systems. Minimum want to delete federal requirements for an "adequate"
standards for public participation have also been sug- state planning process and for implementation of plans.
gested and considered by Congress. But those who They reason that if we are to have land use planning legis-
recommend national guidelines are by no means in agree- lation, it should only do what it professes to do and no
ment. For instance, energy producers recommend siting more. A U.S. Chamber of Commerce report declared that
of power plants and transmission lines as a national the fundamental issue is whether there should be "sweep-
priority. Mining companies see the location and develop- ing" federal intervention in state and local matters. If
ment of natural resources as imperative; farmers stress private property rights are restricted, the argument runs,
production of food supplies, and so forth. our needs for economic development, energy, natural
Federal coordination? resources, food and housing will be ignored.
Far greater agreement exists on the recommendation that European experience
the federal government put its own house in order and Other nations with a less powerful tradition of local
coordinate its many conflicting programs, plans, and autonomy have exercised strong national control of land

use. Since World War 11, European countries have had is all that Congress appears willing to do at this time.
comprehensive national planning, national growth policies, it is generally acknowledged that it would be hard to
and strong land use regulation. National policies have formulate concise national land use policies at this
been pursued to regulate the distribution of industry, juncture; most agree that improvement in the machinery
population, employment, and agricultural land. Although of government to regulate land use is needed first. As a
our traditions, structure of government, and geographic first step, Congress has considered (in S. 268) provisions
size are different, some say that a look at European requiring the Council on Environmental Quality to report
practices and results may be instructive. within three years on the desirability of national land use
In Great Britain, strict national controls over land use policies or standards. CEO would be called upon to
and development, a different interpretation of private recommend national land use policies.( many of which
property rights, and substantial public construction and have implications for any future national growth policy)
land ownership have produced a tidy, compact pattern of that would:
urban growth along with preservation of the rural environ- (1) consider economic, social, and environmental de-
ment. Dr. Marion Clawson has observed the advantages mands upon the land;
of the British system: a halt to chaotic suburban sprawl ' (2) give preference to the long-term interests of the
more intensive and efficient use of land and public serv- people of the state and nation and ensure public participa-
ices, a relatively high rate of housing construction (over tion in determining those interests;
half public), a network of self-sufficient new towns. (3) protect the quality of the environment and provide
On the other hand, stricter British land use policies, access to environmental amenities for all persons;
without price controls, have caused a rapid rise in land (4) encourage a diversity of environments, including man-
prices, a monopoly of a few land owners on development, made and natural environments;
and ultimately, a heavier burden in land and housing costs (5) protect open space for public use and guide urban
for the average citizen. In addition, the British concept of growth;
planning as primarily an executive function has meant (6) give preference to development which is most con-
limited opportunities for public participation in the day-to- sistent with control of air, water, noise, and other
day process of planning. pollution;
France, to cite another example, has pursued an over- (7) provide urban services, including education; water,
all national development strategy based upon encouraging sewer, and solid waste facilities; transportation; and
growth centers or "eqUilibrium metropolises" through police and fire protection;
selective funding and construction. (34) (8) ensure timely siting of development, to meet national
The emerging role or regional social or economic requirements;
At present, the emerging U.S. role in land use decisions (9) encourage the conservation and wise use of energy
appears limited to that of a catalyst which supplies incen- and other natural resources;
tives and funding to states. Whether or not this is a suffi- (10) preserve renewable resource land;
cient role for Congress to assign to the federal level, it (11 ) preserve and protect fragile and historic lands;

(12) protect natural hazard lands. levels of government. Greater communication and trans-
Because a consensus on the possible substance of portation costs tend to inhibit this citizen participation,
national land use policies does not now exist, it is thought when land use powers are exercised at the state or re-
by many that a prior requisite exists, for better under- gional level of government. On the other hand, if govern-
standing of land areas and activities of national concern, mental roles are realigned to assign authority to the level
of national priorities, and of administration costs. of government which most nearly represents all the peo-
The citizen's role ple affected by a decision, then citizens who might other-
No -governmental land use program can succeed without a wise be excluded can have a voice. For example, the
strong citizen role. It is the citizen who is ultimately af- siting of a proposed power plant could affect the eco-
fected by land use decisions; who elects the responsible nomic, social, and environmental requirements of an
leaders, who supports the legislation, administration, and entire region; yet without a mechanism for more-than-
enforcement, and who pays the bills. Because land use local decision making, only those living within the bound-
decisions involve weighing and balancing values, not aries of a single community could speak, pro or con.
merely making technical decisions, the citizen has a right Following the pattern established by federal air and
and obligation to make his or her views known. Citizens water pollution legislation, S. 268 would build in a citizen
without a direct profit interest need to be heard. role. It would require participation by the public in federal
The press for stronger land planning and control can and state land use programs. Among specific state re-
often be traced to citizen organization, education and quirements, states would be mandated to prepare an in-
support. For instance, citizens in Vermont mounted a ventory of citizen public interest organizations; to ex-
statewide effort to increase public awareness and partici- change information and data with the public; to establish
pation in a state land use program, through task forces, a process for public education; to assure public participa-
questionnaires, public hearings and meetings, brochures tion in the development, revision, implementation and
and pamphlets, mass mailings, and television documen- formulation of the state planning program; and to include
taries. By urging a strong state role, citizens helped to public hearings with adequate public notice. At the federal
shape the state land use legislation finally enacted. In level, the administration of a grant-in-aid program for
1972, the voters of California enacted an initiative meas- state planning must include public hearings, with ade-
ure, a state Coastal Zone Conservation Act, which estab- quate public notice, on proposed guidelines, rules, and
lished state regulation over the entire coastline. In both regulations. In addition, information on studies, methods,
states, citizens-unsalaried members of the general federal and state plans and programs must be accessible
public-serve on land use commissions which administer to the public.
those states' programs. Citizens throughout the country What can government do, at any level, to encourage
have also made it known that they support strengthened the citizen to fill his or her role in land use decisions?
local and regional capacity to plan and regulate land use. Throughout the entire planning and regulatory process,
It is particularly important that citizens participate government should consult the citizen. For example,
actively when land use authority is exercised by higher government could

11 include citizens in the earliest planning processes and Knowledgeable staff, publicity, research programs,
evaluation of goals and methods before plans and de- meeting facilities, transportation, equipment and sup-
cisions are "cast in concrete," through wide publicity, plies all are expensive. Citizens must also be willing to
hearings, task forces, committees, meetings; accept indirect costs. If developers must pay higher
El use citizens to gather and assemble data, especially costs as a consequence of more stringent land use stand-
during preparation of inventories and surveys; ards, the costs as well as the benefits will ultimately be
0 consult citizens on what they want in enabling legisla- the consumer's.
tion and administrative structures to implement the Conclusion
legislation; and A wide range of choices is open to the federal govern-
0 inform and notify citizens of choices and alternatives ment, states, and localities as they respond to land use
in understandable terms. problems and issues. The solutions ultimately reached will
What can the citizen do? Citizens could watch care- depend upon political realities and the urgency that
fully and voice their opinions about which areas and citizens assign to land use reform. Finding the solution will
activities of critical concern should be subject to control involve sorting out alternative approaches to land use
and by what level of government; control. At this moment, the major land use issue is:
11 influence the choice of implementation methods that which level of government should exercise what con-
states and localities use; trols over which kinds of development and land areas.
El seek public hearings-with adequate notice-as part The proposed federal legislation gives states wide
of state and local land use decisions, including appeal latitude in designing land use programs. Some states are
board decisions, followed by a full public report on the already reasserting their inherent rights to control land
basis for the decision; use, particularly in reviewing decisions having regional or
El insist on access to all available data, information, and statewide impacts. A growing number of local govern-
agency reports that will help people to assess state, ments are questioning the benefits of growth and imposing
regional and local decisions; timed development ordinances and other controls. These
0 spot violations of land use control laws and supple- decisions, perhaps justifiable in themselves, continue to
ment enforcement actions; be made within a land use ethic that says responsibility
El insist that public decision makers be accessible and begins and ends at the local boundary line.
responsive to the public; New governmental approaches to land use stem from
the consequences of rapid urbanization and population
appeal decisions through administrative and judicial distribution, from recognition of the environmental and
routes if necessary; social impacts of land use decisions, and from a re-
Last, but not least, if citizens want stronger land use appraisal of the meaning of private rights in land versus
control, they must be willing to pay the costs involved. the public good. How to safeguard the rights of all, in-
Governments will incur direct costs for planning, adminis- cluding those of the poor and of minorities, remains a
tration, enforcement, and public participation. serious question, as does the issue of protecting private

property rights. Equitable solutions must be found. use the carrot or the stick to get state and local com-
Discussion of the following issues is basic to any re- pliance? Is federal technical assistance needed?
arrangement and strengthening of government's role: 0 How can government, at whatever level, be made open,
0 Is ownership of land purely a private matter or does responsive and accountable to citizens as it regulates
land use imply social obligations? Is there a need to con- land use?
trol or limit private property rights in land? If so, how can 0 Are you, as a citizen, willing to pay the costs necessary
an equitable balance between the public good and private to administer and enforce land use planning and control?
rights be reached? Because economic, environmental, and social needs
[] Should the U.S. Constitution's Fifth Amendment be and values, with varying levels of public interest, are
interpreted more broadly so as to allow firmer use of gov- implicit in land use decisions, the citizen's role is particu-
ernmental regulation (police power) without compen- larly important. All those affected by land use decisions
sation? must have the opportunity to participate in the decision-
C] What provisions should be made for assuring that in making process and to monitor and review their imple-
the future, land use decisions will give due consideration mentation. It is the citizen who should ultimately decide
to the needs of the poor, the young, the elderly and when the public interest transcends private property
minorities? rights, whom land use decisions should serve, what kinds
0 What should the state role be? Should it directly regu- of development and land use should be controlled, who
late areas of state concern? Or, in matters of regional and should control them, and how much the public will pay
statewide concern, should the local level of government for planning and control.
be allowed to keep the authority to make land use deci-
sions, providing they are consistent with state or federal Sources and resources
standards and guidelines? Should regional bodies have Some of the items listed can be obtained free. Others will be available in
direct control over certain land use decisions or have only your local library. Your librarian may be able to order others for your use on
interlibrary loan. Also consult your library's catalog and its Readers Guide to
advisory functions? What uses and what areas have local, Periodical Literature. Materials listed as printed by USGPO can be ordered
regional, state, or national impact? What development prepaid from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. Allow up to 6 weeks for delivery. While sup-
should be regulated? What goals and standards should be plies last, free copies of congressional bills and reports are available from
set and how? your congressman or the committee involved: Senate Committee on Interior
and Insular Affairs, Washington, D.C. 20510 or House Committee on Interior
What should the federal role in land use planning and and Insular Affairs, Washington, D.C. 20515. if you can purchase only a few
control be? Is a federal program necessary to encourage publications, the starred ones (*) are especially recommended.
state planning? Should the federal government establish Books and pamphlets
national criteria for state land use programs? If so, in what American Law Institute. A MODEL LAND DEVELOPMENT CODE: Tenta-
categories? How strong should they be? Is direct federal tive Drafts No. 3. 1971. 123 pp. (paper) $10. American Law Institute, 4025
control of critical areas and uses of nationwide concern- Chestnut Street, Philadelphia, PA. Proposed enabling legislation for state
for example, coastlands, power plants, renewable re- control of land use and development, with local implementation.
*Clawson, Marion. AMERICA'S LAND AND ITS USES. 1972. 166 pp. (paper)
source land s-necessary? Should the federal government $2.75. Johns Hopkins University Press for Resources for the Future, Inc.,

Baltimore, MID 21218. Compact nontechnical account of the nation's land
and its uses-history, present trends, future possibilities. Magazine and periodical articles
Clawson, Marion and Peter Hall. PLANNING AND URBAN GROWTH: AN American Society of Planning Officials, "Rural and Small-Town America."
ANGLO AMERICAN COMPARISON. 1973. 300 pp. (cloth) $12.50. The PLANNING. Aug. 1973, entire issue. Examines rural subdivisions, poverty,
Johns Hopkins University Press for Resources for the Future, Inc., Baltimore, and planning. ASPO, 1313 E. 60th St., Chicago, IL 60637.
MID 21218. A comparison of urban land development regulation in the U S
and Great Britain. Analyzes urban setting, history, legal authorities, results' Babcock, Richard F. "Let's Stop Romancing Regionalism." PLANNING.
July 1972, pp. 120-124. American Society of Planning Officials, 1313 E. 60th
Clawson, Marion. THE FEDERAL LANDS: THEIR USE AND MANAGEMENT. St., Chicago, IL. Rejects an advisory role for regional councils and con-
1957. 501 pp. (paper) $2.95. University of Nebraska Press, Lincoln, NB. cludes that only states can implement regional planning.
General history of federal land ownership and policy. Knecht Robert W. "Land Use Planning at the Crossroads." NATIONS
Council of State Governments. THE STATES' ROLE IN LAND RESOURCE CITIES: June 1971, pp. 30-31, National League of Cities, Washington, D.C.
MANAGEMENT. January 1972. 32 pp. (paper) $3.00. Supplement, February Summarizes the views of local governments toward an increased federal and
1972. 32 pp. $3.00. Council of State Governments, Iron Works Pike, Lexing- state role in land use.
ton, Kentucky 40505. Focuses on status of state activities and alternate Raymond, George M. "Issues in Non-metropolitan Growth." URBAN LAND.
types of state land use programs. Feb. 1973, pp. 3-9. Urban Land Institute, 1200 18th St., N.W., Washington,
Delafons, John. LAND USE CONTROLS IN THE U.S. 1969. 203 pp. (cloth) D.C. 20036. Surveys rural problems, issues, and possible solutions.
$5.00. MIT Press, Cambridge, Mass. An overall history.
Landsberg, Hans H. NATURAL RESOURCES FOR U.S. GROWTH. 1964@ Government publications
260 pp. (paper) $1.95. The Johns Hopkins Press for Resources for the Advisory Commission on Intergovernmental Relations. URBAN AND RURAL
Future, Inc., Baltimore, MID 21218. A study of America's needs to the year AMERICA: POLICIES FOR FUTURE GROWTH. Publication A-32. 1968.
2000 and of supplies available to meet the demand. 186 pp. (paper) $1.25. USGPO. Recommends specific urban growth policies
Leopold, Aldo. A SAND COUNTY ALMANAC AND SKETCHES HERE AND to influence industrial location, population movement, large-scale and new
THERE. 1949. 226 pp. (cloth) Oxford University Press, Inc., N.Y., NY. An community development, and to implement state policies.
eloquent argument on the need for a shift in our values toward a new respect *Bosselman, Fred and David Callies. THE QUIET REVOLUTION IN LAND
and stewardship for land. USE CONTROL. Dec. 1971. Full report, 200 pp. (paper) $2.75. Summary:
Little, Charles E. THE NEW OREGON TRAIL. Feb., 1974. 37 pp. (paper) $1. 34 pp. 450. USGPO. Stock #4111-0006. Report prepared for the Council on
Publications Dept., The Conservation Foundation, 1717 Mass. Ave., N.W., Environmental Quality on innovative state land use laws.
Wash., D.C. 20036. An account of the development, passage, and implemen- Bosselman, Fred, David Callies, and John Banta for the Council on Environ-
tation of state land use legislation in Oregon. mental Quality. THE TAKING ISSUE: AN ANALYSIS OF THE CONSTITLI-
Mogulof, Melvin B. FIVE METROPOLITAN GOVERNMENTS. 1973. 145 pp. TIONAL LIMITS OF LAND USE CONTROL. 1973. 329 pp. (paper) $2.35.
(paper) $3.00. The Urban Institute, 2100 M St., N.W., Washington, D.C. USGPO. Examines legal history for the interpretation of the "takings clause,"
20037. Looks at alternate governing forms for the metropolis and possible the constitutional limit on land regulation. Concludes that there is little
state and federal role. historic precedent for the idea that regulation of the use of land can consti-
Myers, Phyllis. SLOW START IN PARADISE. Feb., 1974. 34 pp. (paper) $1. tute a taking of land.
Publications Dept., The Conservation Foundation, 1717 Mass. Ave., N.W., Citizens' Advisory Committee on Environmental Quality. A citizen action
Wash., D.C. 20036. An account of the development, passage and implemen- guide to land use will be published mid-1974. Free. 1700 Pennsylvania Ave.,
tation of state land use legislation in Florida. N.W., Washington, D.C. 20006.
Myers, Phyllis. SO GOES VERMONT. Feb., 1974. 37 pp. (paper) $1. Publica- Commission on Population Growth and the American Future. POPULATION
tions Dept., The Conservation Foundation, 1717 Mass. Ave., N.W., Wash., AND THE AMERICAN FUTURE. 1972. 362 pp. (paper) $1.50. The New
D.C. 20036. An account of the development, passage, and implementation of American Library, Inc. 1301 Avenue of the Americas, N.Y., NY 10019.
state land use legislation in Vermont. Describes U.S. population growth and distribution, past and present, and its
*Task Force on Land Use and Urban Growth. THE USE OF LAND: A effect on U.S. economy, environment, natural resources, government serv-
CITIZENS' POLICY GUIDE TO URBAN GROWTH. 1973. 318 pp. (paper) ices, social aspects, and public policy.
Thomas Y. Crowell Co., Dept. T-4, 666 Fifth Ave., N.Y., NY 10019. Enclose Economic Research Service, U.S. Department of Agriculture. MAJOR USES
check payable to publisher: include applicable sales tax. 1-4 copies, @ $3.95; OF LAND IN THE UNITED STATES. Summary for 1969. Agricultural Eco-
5-9, @ $3.16; 10-24, @ $3.00; 25-49, @ $2.84; 50-99, @ $2.69; 100-249, @ nomic Report No. 247. Dec. 1973. 42 pp. (paper) Free. USDA, Wash., D.C.
$2.53; 250-499, @ $2.37. Special discount on orders over 500. Gives a good 20250. Summarizes the extent and distribution of major land uses in the U.S.
view of trends and what steps might be taken to preserve what we value. and compares past with present uses.

Executive Office of the President-Domestic Council Committee on National 7. Commission on Population Growth and the American Future, report,
Growth. REPORT ON NATIONAL GROWTH. 1972. 74 pp. (paper) 45o. Signet paperback 23, 25 (1972).
USGPO. Required by the HUD Act of 1970, this is the first biennial report "to 8. -, ibid. 29 (1972).
assist in the development of a national urban growth policy." Describes 9. Domestic Council Com. on National Growth. op. cit. 26 (1972).
population growth, distribution forces and trends, problems generated by
current growth directions, recent state, local, and federal actions to influence 10. Com. on Pop. Growth and Amer. Fut., op. cit. 37 (1972).
growth. 11. -, ibid. 40, 42, 60 (1972).
*House Committee on Interior and Insular Affairs. LAND USE PLANNING 12. H. H. Landsberg, Natural Resources for U.S. Growth 243 (Johns Hopkins
ACT OF 1973. Hearings on H.R. 4862 et al. 93rd Cong., 1st Sess. Pt. 1. Press, Baltimore, 1964).
Mar. and Apr. 1973. 644 pp. (paper). Also available: LAND USE PLAN- 13. Task Force on Land Use and Urban Growth sponsored by Rockefeller
NING ACT OF 1973. Report of the committee, with minority views, to accom- Brothers Fund, The Use of Land 17 (Crowell Co., New York, 1973).
pany H.R. 10294. February 13, 1974. (Hse. Rept. 93-798). 105 pp. (paper). 14. National Com. on Urban Problems, report, Building the American City
National Commission on Urban Problems. BUILDING THE AMERICAN 199-234, 304-394 (1968).
CITY. 1968. 504 pp. (paper) $4.50. USGPO. A comprehensive report on
housing and land use problems, effects of the property tax, and recommen- 15. Task Force on Land Use and Urban Growth, op. cit. 18 (1973).
dations for change at federal, state, and local levels of government. 16. F. J. Alessio, HUD Challenge 10, 26-27 (1973).
*Senate Committee on Interior and Insular Affairs. LAND USE POLICY 17. F. Bosselman, D. Callies, and J. Banta for the Council on Environmental
AND PLANNING ASSISTANCE ACT. Hearings on S. 268 and S. 924. 93rd Quality, The Taking Issue (1973).
Cong. 1st Sess. Pts. I-IV. 1973. 1452. pp. (paper). Also available: LAND 18. A. Leopold, A Sand County Almanac (Oxford Univ. Press, New York,
USE-POLICY AND PLANNING ASSISTANCE ACT. Report of the committee, 1949).
with minority views, to accompany S. 268. June 1973. (Sen. Rept. 93-197) 19. J. Delafons, Land Use Controls in the United States 18 (M.I.T. Press,
167 pp. (paper) Hearings contain a wide range of viewpoints toward national Cambridge, 1962).
land use legislation from environmentalists, developers, industries, state,
local and regional governments; farmers. The committee report summarizes 20. Task Force on Land Use and Urban Growth, op. cit. 159-175 (1973).
the viewpoints, presents a brief history of land controls, and recommends 21. -, ibid. 169@71 (1973).
adoption of a new land ethic. 22. Domes. Coun. Com. on Nat'l. Growth, op. cit. 23, 27.
U.S. Dept. of Housing and Urban Development. "Exclusionary Land Use 23. G. Raymond, Urban Land 2, 5 (1973).
Practices," by Randall Scott, pp. 20-24. Also, "Why Land Use Planning?"
by Frank J. Alessio, pp. 26-27. HUD CHALLENGE. Oct. 1973. Free from 24. R. Scott, HUD Challenge 10, 20-24 (1973).
Editor, HUD CHALLENGE, U.S. Dept. of Housing and Urban Development, 25. Senate Interior and Insular Affairs Com., op. cit. (1973).
Room 4278, Washington, D.C. 20410. The first article examines the causes 26. American Law Inst., A Mode/ Land Development Code: Tentative Draft
and possible remedies for exclusion based on land practices, while the No. 3 5 (1971).
second article presents an economist's explanation for the need for land use 27. F. Bosselman and D. Callies for Council on Environmental Quality, The
planning. Quiet Revolution in Land Use Control: Summary Report 5-7 (1971).
28. Hon. W. Wise, Senate Interior and Insular Affairs Com. Hearing Land
References Use Policy and Planning Assistance Act Pt. 1/, 70-80 (1973).
1 .Senate Interior and Insular Affairs Com., report, Land Use Policy and 29. National Service to Regional Councils, Regionalism: A New Dimension in
Planning Assistance Act (S. 268) 93-197, 73 (1973). Local Government and Intergovernmental Relations (Washington, D.C.,
2. M. Clawson, The Federal Lands 18, 20 (Univ. Nebraska Press, Lincoln, 1971).
1957). 30. Advisory Commission on Intergovernmental Relations, Substate Regional-
3. -, ibid. 22-31 (1957). ism and the Federal System Vol. 1 (to be published).
4. U.S. Dept. of Agriculture, Econ. Research Service, Major Uses of Land 31. R. F. Babcock, Planning 6, 120 (1972).
in United States 247, 1-6 (1973). 32. M. Mogulof, Five Metropolitan Governments (The Urban Inst., Washing-
5. M. Clawson, America's Land and Its Uses 2-4, 25 (Johns Hopkins Press, ton ,D.C. 1973).
Baltimore, 1972). 33. Senate Interior and Insular Affairs Com., op. cit. 78 (1973).
6. Domestic Council Com. on National Growth, Report on National Growth 34. M. Clawson and P. Hall, Planning and Urban Growth (Johns Hopkins
14 (1972). Press, Baltimore, 1973).

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