BiblioVault - Books about Land use

Good Water

Kevin Holdsworth

University Press of Colorado, 2016

In essays that combine memoir with biography of place, Kevin Holdsworth creates a public history of the land he calls home: Good Water, Utah. The high desert of south-central Utah is at the heart of the stories he tells here—about the people, the “survivors and casualties” of the small, remote town—and is at the heart of his own story.

Holdsworth also explores history at a personal level: how Native American history is preserved by local park officials; how Mormon settlers adapted to remote, rugged places; how small communities attract and retain those less likely to thrive closer to population centers; and how he became involved in local politics. He confronts the issues of land use and misuse in the West, from the lack of water to greed and corruption over natural resources, but also considers life’s simple pleasures like the value of scenery and the importance of occasionally tossing a horseshoe.

Good Water’s depiction of modern-day Utah and exploration of friendships and bonding on the Western landscape will fascinate and entice readers in the West and beyond.

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The Grasping Hand

"Kelo v. City of New London" and the Limits of Eminent Domain

Ilya Somin

University of Chicago Press, 2015

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.

In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

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The Grasping Hand

"Kelo v. City of New London" and the Limits of Eminent Domain

Ilya Somin

University of Chicago Press, 2015

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.

In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

[more]

Growing Greener

Putting Conservation Into Local Plans And Ordinances

Randall Arendt

Island Press, 1999

Growing Greener is an illustrated workbook that presents a new look at designing subdivisions while preserving green space and creating open space networks. Randall Arendt explains how to design residential developments that maximize land conservation without reducing overall building density, thus avoiding the political and legal problems often associated with "down-zoning."

The author offers a three-pronged strategy for shaping growth around a community's special natural and cultural features, demonstrating ways of establishing or modifying the municipal comprehensive plan, zoning ordinance, and subdivision ordinance to include a strong conservation focus. Open space protection becomes the central organizing principle for new residential development, and the open space that is protected is laid out to form an interconnected system of protected lands running across a community.

The book offers:

detailed information on how to conduct a community resource inventory
a four-step approach to designing conservation subdivisions
extensive model language for comprehensive plans, subdivision ordinances, and zoning ordinances
illustrated design principles for hamlets, villages, and traditional small town neighborhoods

In addition, Growing Greener includes eleven case studies of actual conservation developments in nine states, and two exercises suitable for group participation. Case studies include: Ringfield, Chadds Ford Township, Pennsylvania; The Fields of St. Croix, City of Lake Elmo, Minnesota; Prairie Crossing, Grayslake, Illinois; The Meadows at Dolly Gordon Brook, York, Maine; Farmcolony, Standsville, Virginia; The Ranch at Roaring Fork, Carbondale, Colorado; and others.

Growing Greener builds upon and expands the basic ideas presented in Arendt's earlier work Conservation Design for Subdivisions, broadening the scope to include more detailed sections on the comprehensive planning process and information on how zoning ordinances can be updated to incorporate the concept of conservation design. It is the first practical publication to explain in detail how resource-conserving development techniques can be put into practice by municipal officials, residential developers, and site designers, and it offers a simple and straightforward approach to balancing opportunities for developers and conservationists.

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