A Research Agenda for US Land Use and Planning Law

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A Research Agenda for US Land Use and Planning Law

9781803928197 Edward Elgar Publishing
Edited by John J. Infranca, Professor of Law, Suffolk University Law School, Boston and Sarah Schindler, Maxine Kurtz Faculty Research Scholar and Professor of Law, Sturm College of Law, University of Denver, US
Publication Date: 2023 ISBN: 978 1 80392 819 7 Extent: 312 pp
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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘This superb book, edited by prominent land use law professors Infranca and Schindler, features a “who’s who” of academic authorities who thoughtfully tackle today’s salient issues of land use law and planning in highly readable and stimulating prose. This book belongs on the shelves of all land use scholars and practitioners.’
– Jerold S. Kayden, Harvard University, US

‘At a time when the stakes could not be higher for how our built environment shapes our economy and society, John Infranca and Sarah Schindler have gathered a remarkable group of scholars to map the complex dynamics defining contemporary land-use and planning law, making a compelling argument for the value of research to navigate the challenging paths ahead.’
– Nestor Davidson, Fordham University, US
Contributors
Contributors: Vicki Been, Sara C. Bronin, Katherine Levine Einstein, Ingrid Gould Ellen, Sarah Fox, Yonah Freemark, David M. Glick, Sonia A. Hirt, Justin B. Hollander, John Infranca, Noah M. Kazis, Anika Singh Lemar, Michael Lens, Jonathan Levine, Nicholas J. Marantz, Paavo Monkkonen, Moira O’Neill, Maxwell Palmer, Sarah Schindler, Jenny Schuetz, Christopher Serkin, Gregory H. Shill, Danielle Stokes
Contents
Contents:

Introduction: Themes and Trends in land use and planning
law research 1

PART I STRUCTURE OF LAND USE AND PLANNING LAW
1 The role of planning 47
Nicholas J. Marantz
2 The role of the states 59
Moira O’Neill
3 The structure of land use administration 75
Noah M. Kazis

PART II PROCESS OF LAND USE AND PLANNING LAW
4 Public participation 93
Katherine Levine Einstein, David M. Glick, and
Maxwell Palmer
5 The law’s effects on public participation 109
Vicki Been and Anika Singh Lemar

PART III EFFECTS OF LAND USE AND PLANNING LAW
6 Rethinking local regulations governing housing
production 133
Ingrid Gould Ellen, Yonah Freemark and Jenny Schuetz
7 Land use regulation and residential segregation 153
Paavo Monkkonen and Michael Lens
8 Sustainable land use policy and planning 171
Sarah Fox
9 Climate-conscious land use planning 187
Danielle Stokes
10 Historic preservation law 203
Sara C. Bronin
11 First principles in transportation law and policy 221
Jonathan Levine and Gregory H. Shill
12 Downtown revitalization and declining cities 237
Justin B. Hollander
13 Private land use controls 253
Christopher Serkin
14 American land-use and planning law in
comparative European perspective 265
Sonia A. Hirt

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