From the Ground Up: Unshared Assumptions in Law and Planning 1

Private ownership may make it more likely the land will be developed at some point, but it does not dictate the proposed use or the place of that proposed use in the desired future of the community. Since its definition of property is not based on ownership, but on use, it is easy to understand that...

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Bibliographic Details
Published in:The Urban lawyer 2017-10, Vol.49 (4), p.591-605
Main Author: Rosenthal, Deborah M
Format: Article
Language:English
Subjects:
Careers
Community
Decision making
Land use
Law
Planning
Professions
Online Access:Get full text
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Summary:Private ownership may make it more likely the land will be developed at some point, but it does not dictate the proposed use or the place of that proposed use in the desired future of the community. Since its definition of property is not based on ownership, but on use, it is easy to understand that planning focuses on whether the proposed use is appropriate, not on whether the individual's ownership rights have been unfairly affected or an owner denied equal protection. [...]by focusing on individual rights in relationship to ownership, rather than use, the law ignores the defining characteristic of property to the planner. According to the planner, the freedom of the group to enjoy the benefits of health is increased by regulations operating, in effect, as preventative injunctions on behalf of the entire community. Because land use law is so highly procedural, fairness is usually defined in terms of due process, which is almost entirely about individual rights.
ISSN:0042-0905
1942-6593