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Regulating Paradise
Land use in Hawai‘i remains the most regulated of all the fifty states. According to many sources, the process of going from raw land to the completion of a project may well average ten years given that ninety-five percent of raw land is initially classified by the State Land Use Commission as either conservation or agriculture. How did this happen and to what end? Will it continue? What laws and regulations control the use of land? Is the use of land in Hawai‘i a right or a privilege? These questions and others are addressed in this long-overdue second edition of Regulating Paradise, a comprehensive and accessible text that will guide readers through the many layers of laws, plans, and regulations that often determine how land is used in Hawai‘i. It provides the tools to analyze an enormously complex process, one that frustrates public and private sectors alike, and will serve as an essential reference for students, planners, regulators, lawyers, land use professionals, environmental and cultural organizations, and others involved with land use and planning.
The TDR Handbook
"Transfer of Development Rights" (TDR) programs allow local governments to put economic principles to work in encouraging good land use planning. TDR programs most often permit landowners to forfeit development rights in areas targeted for preservation and then sell those development rights to buyers who want to increase the density of development in areas designated as growth areas by local authorities. Although TDR programs must conform to zoning laws, they provide market incentives that make them more equitable (and often more lucrative) for sellers and frequently benefit buyers by allowing them to receive prior approval for their high-density development plans. Since the 1970s when moder...
Bargaining for Development
Bargaining for Development is a one-of-a-kind handbook that explores the policy and planning principles behind land development conditions, vested rights, and development/annexation agreements, and provides guidance for the practicing professional, government, and land development communities in evaluating the need for, and the drafting of, land development statutes, ordinances, and agreements. The handbook's basic premises are two-fold. First, land development and annexation agreements offer an excellent vehicle for government and landowners to provide in detail for land developments. Second, because of the law pertaining to vested rights and land development conditions, the development com...
The Japanese City
Japan is one of the most crowded countries on earth, with three-fourths of its population now living in cities. Tokyo is easily the most populous city on the planet. And yet, though closely packed, its citizens dwell together in relative peace. In America, inner-city violence—often attributed in part to overcrowding—is frequently emphasized as one of the great social problems of the day. What might we learn from Japan's situation that could be applied to our own as we approach the twenty-first century? In this collection an interdisciplinary group of international scholars seek to understand and explain the process and characteristics shaping the modern Japanese city. With frequent compa...
Regulatory Takings After Knick
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
Law of Property Rights Protection, 2nd Edition
Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litig...
New Ground
New Ground: The Advent of Local Environmental Law presents a collection of papers examining local environmental law and its strategic role in shaping an appropriate response to a new generation of environmental and land use challenges. Contributors are distinguished scholars and practitioners who have written casebooks and articles on land use and environmental law, served in federal, state, and local administrations or national bar and planning association committees, or prepared national treatises on the subject.
Regulating Paradise
Land use in Hawai‘i remains the most regulated of all the fifty states. According to many sources, the process of going from raw land to the completion of a project may well average ten years given that ninety-five percent of raw land is initially classified by the State Land Use Commission as either conservation or agriculture. How did this happen and to what end? Will it continue? What laws and regulations control the use of land? Is the use of land in Hawai‘i a right or a privilege? These questions and others are addressed in this long-overdue second edition of Regulating Paradise, a comprehensive and accessible text that will guide readers through the many layers of laws, plans, and regulations that often determine how land is used in Hawai‘i. It provides the tools to analyze an enormously complex process, one that frustrates public and private sectors alike, and will serve as an essential reference for students, planners, regulators, lawyers, land use professionals, environmental and cultural organizations, and others involved with land use and planning.
The No-growth Imperative
Mounting evidence reveals that the existing scale of human enterprise has already surpassed global ecological limits to growth. This ecological reality clearly counteracts the possibility of continued exponential growth in the twenty-first century. In the absence of international, national, or state initiatives to implement a no-growth imperative founded on ecological limits, this book takes the position that local communities have an obligation to take the lead in promoting a new politics of sustainability directed at recognizing and ...
