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Planning Law And Economics
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Book Synopsis Planning, Law and Economics by : Barrie Needham
Download or read book Planning, Law and Economics written by Barrie Needham and published by Routledge. This book was released on 2018-11-12 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens' rights and property rights, asking ‘What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?’ This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.). Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.
Book Synopsis Planning, Law and Economics by : Barrie Needham
Download or read book Planning, Law and Economics written by Barrie Needham and published by Taylor & Francis US. This book was released on 2006 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved? This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general. For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.
Book Synopsis The Oxford Handbook of Urban Economics and Planning by : Nancy Brooks
Download or read book The Oxford Handbook of Urban Economics and Planning written by Nancy Brooks and published by Oxford University Press. This book was released on 2012-01-12 with total page 1027 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume embodies a problem-driven and theoretically informed approach to bridging frontier research in urban economics and urban/regional planning. The authors focus on the interface between these two subdisciplines that have historically had an uneasy relationship. Although economists were among the early contributors to the literature on urban planning, many economists have been dismissive of a discipline whose leading scholars frequently favor regulations over market institutions, equity over efficiency, and normative prescriptions over positive analysis. Planners, meanwhile, even as they draw upon economic principles, often view the work of economists as abstract, not sensitive to institutional contexts, and communicated in a formal language spoken by few with decision making authority. Not surprisingly, papers in the leading economic journals rarely cite clearly pertinent papers in planning journals, and vice versa. Despite the historical divergence in perspectives and methods, urban economics and urban planning share an intense interest in many topic areas: the nature of cities, the prosperity of urban economies, the efficient provision of urban services, efficient systems of transportation, and the proper allocation of land between urban and environmental uses. In bridging this gap, the book highlights the best scholarship in planning and economics that address the most pressing urban problems of our day and stimulates further dialog between scholars in urban planning and urban economics.
Book Synopsis Zoning Rules! by : William A. Fischel
Download or read book Zoning Rules! written by William A. Fischel and published by . This book was released on 2015 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Book Synopsis Law and Economy in Planning by : Walter Firey
Download or read book Law and Economy in Planning written by Walter Firey and published by University of Texas Press. This book was released on 2014-07-03 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles. In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends. These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential. This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.
Book Synopsis The Law and Economics of Framework Agreements by : Gian Luigi Albano
Download or read book The Law and Economics of Framework Agreements written by Gian Luigi Albano and published by Cambridge University Press. This book was released on 2016-04-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the increasing demand for a logical understanding of how framework agreement should be used and implemented.
Book Synopsis The Essential Guide to Planning Law by : Sheppard, Adam
Download or read book The Essential Guide to Planning Law written by Sheppard, Adam and published by Policy Press. This book was released on 2017-02-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet concise textbook is the first to provide a focused, subject specific guide to planning practice and law. Giving students essential background and contextual information to planning’s statutory basis, the information is supported by practical and applied discussion to help students understand planning in the real world. The book is written in an accessible style, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited courses in built environment subjects. The book will be of value to students on a range of built environment courses, particularly urban planning, architecture, environmental management and property-related programmes, as well as law and practice-orientated modules.
Book Synopsis Planning for Serfdom by : Robin Paul Malloy
Download or read book Planning for Serfdom written by Robin Paul Malloy and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robin Paul Malloy examines efforts at urban development and revitalization as prototypical examples of a monumental transformation in American law. His investigation reveals that America has rejected a belief in the marketplace, individual freedom, and autonomy, and has instead opted for an ideological commitment to concepts contrary to the rhetoric upon which this country was founded. The urban landscape and its ideological infrastructure are being corrupted by greedy special interest groups and a political system unable to avoid its own excesses. This book is unique in its blending of legal and economic analysis. With a detailed and fresh new interpretation of Adam Smith, Malloy undertakes to challenge some of the most highly promoted urban panning devices and concludes that American law and values are in transformation. He also examines the legal and economic arrangements that have led America down this path of ideological drift and focuses on examples of urban revitalization efforts in several cities, including Indianapolis, Boston, Pittsburgh, St. Louis, and Louisville. Recommendations for change are provided. Fundamentally, however, he concludes that change must begin with the reinvigoration of individual values—values that respect individual freedom, liberty, and human dignity—values being readily displaced by the current ideological drift of American legal and economic culture. Planning for Serfdom is an important and controversial book that will be of interest to scholars and students of law, economics, politics, and philosophy.
Book Synopsis Planning By Law and Property Rights Reconsidered by : Barrie Needham
Download or read book Planning By Law and Property Rights Reconsidered written by Barrie Needham and published by Routledge. This book was released on 2016-04-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.
Book Synopsis The Economics of Zoning Laws by : William A. Fischel
Download or read book The Economics of Zoning Laws written by William A. Fischel and published by JHU Press. This book was released on 1987-08 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.
Book Synopsis The Law and Economics of the Environment by : Anthony Heyes
Download or read book The Law and Economics of the Environment written by Anthony Heyes and published by Edward Elgar Publishing. This book was released on 2001-01-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . their collection together here represents a valuable addition to the library of those who are concerned with studying, teaching analysing, practicing, or making, environmental law as well as students and practitioners of environmental economics. David Hadley, The Economic Journal The exploration of the basic economics of externalities and the basic common law doctrines and institutions for dealing with externalities constitute a "first generation" of economic analysis of environmental law. The present book of essays illustrates the "second generation" of economic analysis of environmental law. The fundamental economic issues, and the common law, are no longer the focus. The lessons of the "first generation" have been absorbed and transcended. The focus has shifted to the level of application, which is the level at which the economist and the lawyer-economist can best hope to influence policy. We are making progress and the essays in this volume will do much to assure that progress continues. From the foreword by Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US One of the most exciting and productive areas of research in environmental policy is resulting from the integration of the traditionally separate fields of environmental economics and law and economics. This book brings together the top researchers engaged in this enterprise to share the useful insights that are emerging. Both in terms of the scope of coverage and the depth of analysis this is an absolutely first-rate book. Tom Tietenberg, Colby College, Maine, US This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the right incentives for environmental protection. The sixteen original and specially commissioned contributions written by some of the leading names in their field span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes good environmental law.
Book Synopsis Law & Capitalism by : Curtis J. Milhaupt
Download or read book Law & Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
Book Synopsis Property Rights, Planning and Markets by : Christopher J. Webster
Download or read book Property Rights, Planning and Markets written by Christopher J. Webster and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: ''This is an important book. The authors in effect offer a positive theory of planning and urbanisation. As such, Webster and Lai''s model, based on institutional economics, is a vast improvement on some equally ambitious predecessors. The book''s insights and clarity make it a must reading for anyone seeking better understanding of how cities evolve as they do, and why planning is an integral part of their evolution.'' - Ernest Alexander, University of Wisconsin, Milwaukee, US ''A truly remarkable achievement.'' - Mark Pennington, University of London, UK ''Chris Webster and Lawrence Lai have created a coherent and insightful integration of concepts such as property rights, organizations, competition, incentives, transaction costs, public goods, and externalities, which will help theorists and urban practitioners analyze and manage city goods and services. An important insight of the authors is the recognition of the interdependencies of people in a neighborhood, which can be efficiently handled with shares in the property value of the neighborhood. There is a constant question of how much markets and how much government should be involved in urban matters, and the authors provide a reasoned, balanced approach which recognizes the vital role of government while appreciating the effectiveness of markets and decentralized decision making, including private institutions or" clubs" such as homeowners'' associations. Their position that governments and markets co-evolve and complement one another is sound, and their conclusions regarding the need to provide clear property rights and efficient rules provide us with theoretical tools to better understand how cities can be improved while being wary of the "allure of utopia".'' - Fred Foldvary, Santa Clara University, California, US ''This is a really important contribution to the planning literature. Beautifully written and clearly structured, it explains the complex relationship between" planning" and "markets" using the economic perspective of transaction cost theory and the" new-institutionalism". This provides a robust way of addressing the old "economic and planning" agenda, which the authors illustrate with references to cases and situations from across the world. Informative and stimulating, this should be included in every planning theory course, and will be helpful to all trying to re-think old debates about planning and markets.'' - Patsy Healey, Newcastle University, UK ''Professors Webster and Lai have written a masterly work that applies the principles of Hayek and of institutional economics to understanding cities. This is a refreshing and more convincing alternative to the standard politically correct views.'' - Harry W. Richardson, University of Southern California, US ''Property Rights, Planning and Markets covers an original and intriguing issue, viz. the existence and development of cities at the interface of market forces and planned or controlled policies ...the book offers new horizons and contains refreshing reading material.'' - Peter Nijkamp, Free University, Amsterdam, The Netherlands This book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.
Book Synopsis Legal Foundations of Land Use Planning by : Jerome G. Rose
Download or read book Legal Foundations of Land Use Planning written by Jerome G. Rose and published by Routledge. This book was released on 2017-07-12 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Book Synopsis Property Law and Economics by : Boudewijn Bouckaert
Download or read book Property Law and Economics written by Boudewijn Bouckaert and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Book Synopsis Planning Problems in the USSR by : Michael Ellman
Download or read book Planning Problems in the USSR written by Michael Ellman and published by CUP Archive. This book was released on 1973-09-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Research Agenda for US Land Use and Planning Law by : John J. Infranca
Download or read book A Research Agenda for US Land Use and Planning Law written by John J. Infranca and published by Edward Elgar Publishing. This book was released on 2023-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Authoritative and multidisciplinary in approach, this Research Agenda shapes questions that will underpin future legal and empirical scholarly inquiry on zoning and land use regulation in the US. Building on existing debates and providing a comprehensive overview of the current state of academic research, it identifies the gaps which need addressing in future research. Bringing together a diverse array of prominent voices across multiple disciplines, A Research Agenda for US Land Use and Planning Law adeptly navigates central themes including the structure of land use regulation, the relationship between zoning and planning, and the role of different levels of government and administrative agencies. Chapters critically analyse the laws that govern public participation alongside the potential reforms to these processes. A number of pressing issues are rigorously examined, including housing, historic preservation, sustainability and climate change, transportation, declining cities, residential segregation, and the relationship between private and public land use controls. This accessible and progressive Research Agenda will be of great interest to scholars and graduate students interested in planning, zoning, urban economics, property law, environmental law, legal studies, and political science. Practitioners looking for insightful analysis of seminal literature will similarly find this to be a beneficial read.
