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This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good … intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation … prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional …
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To varying degrees, most municipalities regulate urban development with zoning, density restrictions, and parking requirements. Such policies restrict the housing supply and urban density relative to what it could be in a free market. In this paper, we review the literature that measures the...
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While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of...
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In this article we argue for an empirical governance approach - the use of public evaluations - as one basis for deciding whether and how to regulate decisions with public consequences. We propose a conceptual framework for evaluating public acceptability, notably that public judgments should be...
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This is a preliminary chapter of my book in progress, tentatively titled The New Economics of Zoning Laws. This chapter selectively surveys court decisions on zoning over the past century. I offer new evidence on Nectow v. Cambridge (1927), the first case in which the US Supreme Court overturned...
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