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Zoning and Property Rights: An Analysis of the American System of Land-use Regulation
  
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Zoning and Property Rights: An Analysis of the American System of Land-use Regulation [Hardcover]

Robert H. Nelson (Author)


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Book Description

January 1978
It's a deeply rooted American idea that an individual should be able to join with other persons of similar means and values to establish and maintain a preferred environment. Although not often recognized as such, zoning has major implications for the quality of physical environments, the distribution of income, transportation, housing, local taxation, and racial and class segregation. Zoning thus raises important issues concerning social inequalities and personal property rights.

Robert Nelson contends that in effect zoning has created collective property rights, which are now held by local government. His book analyzes the development of zoning, its aims, fictions surrounding it, and its successes and failures. It examines recent environment land-use regulations, their probable outcomes, and future prospects of the regulatory system. Only by bringing together the disparate elements—the socioeconomic consequences of the changes zoning has wrought on property rights; zoning history, the role of planning; political pressures on zoning administration and law—can one understand the full complexities of the zoning problem.

The author maintains that recent environmental restrictions on land use have led to an undesirable feudal trend. In detail he outlines suggestions for "major surgery." He recommends that private tenure institutions resembling condominium ownership be developed to replace neighborhood zoning. Community zoning should be abolished, and decision-making should be returned to the private sector. Formal public planning organizations and government as a whole should play only a minimal role in determining specific uses of land.

For all professionals in the field—urban economists, political scientists, planners, zoning lawyers, students of urban and environmental affairs—and even general readers who have a particular interest in the topic, Nelson's critique, with its bold advocacy of reconstruction, will provide a valuable stimulus for discussion.
--This text refers to an out of print or unavailable edition of this title.

Editorial Reviews

Review

"Nelson has some very clear ideas about the subject and builds the text around those ideas...The major topics covered concern zoning protection for neighborhood quality; the extension of zoning protection to the community; zoning and public land use; the unhappy consequences of prohibiting sale of zoning rights; zoning evolution in historical perspective; new regulatory protection of regional and state quality; new local growth controls; the basic principles for a new tenure system; and the struggle for high quality environments....

"In essence, Nelson's book proposes to abolish the American system of land use regulation. If you have just returned from a zoning hearing and your brilliant project has been denied by narrow-minded, ignorant, abusive and prejudiced zoning board members, this is the book to read for consolation. At least, there are a few writers who are attacking the various foundations upon which such boards sit."
AIA Journal --This text refers to an out of print or unavailable edition of this title.

Product Details


More About the Author

Dr. Nelson is the author of many book chapters and journal articles and of eight books: The New Holy Wars: Economic Religion versus Environmental Religion in Contemporary America (Penn State University Press, 2010); Private Neighborhoods and the Transformation of Local Government (Urban Institute Press, 2005); Economics as Religion: From Samuelson to Chicago and Beyond (Penn State University Press, 2001); ); A Burning Issue: A Case for Abolishing the U.S. Forest Service (Rowman & Littlefield, 2000); Public Lands and Private Rights: The Failure of Scientific Management (Rowman & Littlefield, 1995); Reaching for Heaven on Earth: The Theological Meaning of Economics (Rowman & Littlefield, 1991); The Making of Federal Coal Policy (Duke University Press, 1983); and Zoning and Property Rights (MIT Press, 1977). The New Holy Wars was the 2010 Winner of the Grand Prize of the Eric Hoffer Book Award for the best book of the year by an independent publisher; and also silver medal winner for "Finance, Investment, Economics" of the 2010 Independent Publisher Book Awards (the "IPPYs"). Dr. Nelson has written widely in publications for broader audiences, including Forbes, The Weekly Standard, Reason, The Washington Post, Wall Street Journal, Financial Times, Los Angeles Times, Baltimore Sun, Atlanta Journal-Constitution, and Denver Post. He worked in the Office of Policy Analysis of the Office of the Secretary of the Interior from 1975 to 1993. He has served as the senior economist of the Congressionally chartered Commission on Fair Market Value Policy for Federal Coal Leasing (Linowes Commission) and as senior research manager of the President's Commission on Privatization. He has been a visiting scholar at the Brookings Institution, visiting senior fellow at the Woods Hole Oceanographic Institution, research associate at the Center for Applied Social Sciences of The University of Zimbabwe; visiting professor at Keio University in Tokyo; visiting professor at the Universidad Torcuato Di Tella in Buenos Aires; and visiting professor at the School of Economics of the University of the Philippines in Manila. He holds a Ph.D. in economics from Princeton University (1971).

Areas of Writing and Research:

Dr. Nelson is a nationally recognized authority in the areas of (1) local zoning and property rights to housing in the United States; (2) the use and management of the public lands owned by the federal government in the American West; and (3) the normative foundations of economics and environmentalism and their often clashing ways of thinking about the world. He is a member of the environmental policy specialization of the School of Public Policy.

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