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History Theory Law
| Question | Answer |
|---|---|
| first land use zoning | San Franciso 1867 restrictions on obnoxious uses |
| first local civic center plan | Cleveland 1903 created by Daniel Burnham, John Carrer, and Arnold Brunner |
| first major American city to apply the City Beautiful principles | San Francisco 1906 using a plan developed by Daniel Burnham |
| first town planning board | 1907 Hartford, CT |
| first metropolitan regional plan | 1909 Plan of Chicago, Daniel Burnham |
| first state to pass enabling legislation | Wisconsin 1909 |
| first city to use land use zoning to guide development. | Los Angeles 1909 |
| first full-time employee for a city planning commission, | Newwark, 1914 Harland Bartholomew. |
| first comprehensive zoning code | New York, 1916, Edward Bassett |
| first regional planning commission | 1922 Los Angeles County |
| Standard State Zoning Enabling Act | 1924, issued by Secretary Herbert Hoover of the U.S. Department of Commerce |
| first major U.S. city to adopt a comprehensive plan | Cincinnati, 1925 produced by Alfred Bettman and Ladislas Segoe |
| Standard City Planning Enabling Act | 1928, U.S. Department of Commerce, under Secretary Herbert Hoover |
| first U.S. National Planning Board | 1933, later renamed the National Resources Planning Board and then abolished in 1943. |
| first federally supported public housing | Cleveland 1934, although the first to be occupied was located in Atlanta. |
| first state to introduce statewide zoning | Hawaii 1961, later amended in 1978 |
| Charles Abrhams | created the New York Housing Authority. In 1965 he published The City is the Frontier, a book that provided harsh criticism to the U.S. federal policies surrounding slum clearance, urban renewal, and public housing. |
| Thomas Adams | important planner during the Garden City movement. He was the secretary of the Garden City Association and became the first manager of Letchworth. He developed a number of garden suburbs in England and later went on to teach planning at MIT and Harvard. |
| Saul Alinsky | an advocate of community organizing. Chicago's poor in 30s 40s. 1946, published Reveille for Radicals, encouraged those who were poor to become involved in democracy. Later he published Rules for Radicals, which provided 13 rules for community organizing. |
| Sherry Arnstein | wrote "A Ladder of Citizen Participation” for the Journal of the American Planning Association in 1969. |
| Rexford Tugwell | served as head of Resettlement Administration. worked on greenbelt cities program, which sought construction of new, self-sufficient cities. closely involved in the development of Arthurdale, West Virginia, a Resettlement Administration community. |
| Sir Raymond Unwin | English town planner and designer of Letchworth. He later lectured at the University of Birmingham in England and Columbia University. |
| Catherine Bauer Wurster | founder of American housing policy. worked to reform policy related to housing and city planning. served as executive secretary of Regional Planning Association. She wrote Modern Housing and was influential in the passage of the Housing Act of 1937. |
| Clarence Perry | developed the neighborhood unit concept which can be seen in Rayburn, New Jersey. He was a key contributor to the Regional Survey of New York and its Environs. |
| John Nolen | designed Mariemont, Ohio and was a leading planner and landscape architect. He made substantial contributions including creating the first comprehensive plan in Florida, contributing to the park system in Madison, Wisconsin and designing Venice, Florida. |
| Paolo Soleri | architect responsible for designing Arcosanti an experimental utopian city in Arizona focused on minimizing the impact of development on the natural environment. |
| Garden City | Ebenezer Howard. Self Contained. Pop of 32K 6,000 acres. 30,000 people on 1,000 acres, remaining in farming areas. Letchworth was 1st. 1st in US Radburn, NJ 1928. Influenced New Towns movement |
| How the Other Half Lives | Written by Jacob Riis |
| Land Ordinance of 1785 | provided for the rectangular land survey of the Old Northwest. The survey was completed following the end of the Revolutionary War and provided a systematic way to divide and distribute land to the public. |
| Homestead Act | 1862 provided 160 acres of land to settlers for a fee of $18 and a guarantee of five years of residence. The result was the settlement of 270 million acres, or 10% of the land area of the United States. |
| General Land Law Revision Act | 1891 provided the President of the United States with the power to create forest preserves by proclamation. |
| Forest Management Act | 1897 allowed the Secretary of the Interior to manage forest preserves. |
| U.S. Reclamation Act | 1902 allowed the funds raised from the sale of public land in arid states to be used to construct water storage and irrigation systems. |
| Public Lands Commission | 1903 appointed by Theodore Roosevelt to propose rules for land development and management. |
| Antiquities Act | 1906 first law to provide federal protection for archaeological sites. The Act allowed for the designation of National Monuments. |
| Resettlement Administration | Formed in 1935 to carry out experiments in population resettlement and land reform. The result was the development of Greenbelt towns. |
| Serviceman's Readjustment Act | GI Bill 1944 guaranteed home loans to veterans. The result was the rapid development of suburbs. |
| Rational Planning (synoptic) | Set Goals, Determine Alternatives, Evaluate the Alternatives, Choose an Alternative, Implement the Alternative, Evaluate. Rational planning can only work when the problem can be easily defined and there can be a best solution. |
| Incremental Planning | Charles Lindblom "the science of muddling through". Decision makers are under limits of time, money, n expertise. piecemeal, incremental, opportunistic, and pragmatic |
| Mixed Scanning | Amitai Etzioni compromise between the rational and incremental planning. views planning decisions at two levels: the big picture and the small picture |
| Advocacy Planning | developed in the 1960s by Paul Davidoff. Planners roles is to advocate for underepresented. Plural planning. Plan based on each perspective. |
| Transactive Planning | 1973 John Friedmann Retracking America: A Theory of Transactive Planning. Developed to get the public involved in the planning process. Relies on face to face contact. Mutual learning. Decentralized process. |
| Radical Planning | 1973 Grabow & Heskin Foundations for a Radical Concept in Planning. 1987 John Friedmann published Planning in Public Domain: From Knowledge to Action. takes the power away from gov. gives to the people. citizens get together and develop their own plans. |
| Concentric Circle Theory | Ernest Burgess 1925. cities grow in outward rings. Land use based on distance from downtown. 1st CBD with gov, office, & commercial. 2nd industrial. 3rd transition mix of industrial and low-income housing. 4th working homes. 5th high-class residential. |
| Sector Theory | Homer Hoyt 1939. land uses vary based on transportation routes. The city, as a result, was a series of sectors radiating out from the center of the city. Highest real estate values are located along axial lines of growth |
| Multiple Nuclei Theory | Harris and Ullman 1945. cities develop a series of specific land use nuclei. A land use nucleus is formed because of accessibility to natural resources, clustering of similar uses, land prices, and the repelling power of land uses. |
| Central Place Theory | Walter Christaller 1933. there is a minimum market threshold to bring a firm to a city and there is a maximum range of people who are willing to travel to receive goods and services. |
| Welch v. Swasey; 214 U.S. 91 (1909) | Court established the right of municipalities to regulate building height. |
| Eubank v. City of Richmond; U.S. Supreme Court (1912) | Court first approved the use of setback regulations, although it overturned the setbacks in this case. |
| Hadacheck v. Sebastian; U.S. Supreme Court (1915) | Court first approved the regulation of the location of land uses. |
| Village of Euclid v. Ambler Realty Co.; U.S. Supreme Court (1926) | Court found that as long as community believed that there was a threat of a nuisance, the zoning ordinance should be upheld. The court first upheld modern zoning as a proper use of police power. Alfred Bettman filed an influential brief with the court. |
| Nectow v. City of Cambridge; U.S. Supreme Court (1928) | Court used a rational basis test to strike down a zoning ordinance because it had no valid public purpose (e.g., to promote the health, safety, morals, or welfare of the public). |
| Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals (1972) | court upheld growth management system that awarded points to proposals based on availability of public utilities, drainage, parks, road access, & firehouses. approved upon reaching point level point totals could increase by providing facilities themselves |
| Construction Industry of Sonoma County v. City of Petaluma; U.S. Court of Appeals for the 4th Circuit (1975) | Court upheld quotas on the annual number of building permits issued. |
| Associated Home Builders of Greater East Bay v. City of Livermore; California Supreme Court (1976) | Court upheld temporary moratoriums on building permits. |
| Massachusetts v. EPA, Inc.; U.S. Supreme Court (2006) | Court held that the EPA must provide a reasonable justification for why they would not regulate greenhouse gases. |
| Rapanos v. United States; U.S. Supreme Court (2006) | Court found that the Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway. |
| SD Warren v. Maine Board of Environmental Protection; U.S. Supreme Court (2006) | Court found that hydroelectric dams are subject to Section 401 of the Clean Water Act. |
| Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.; US Supreme Court (2015) | Court held that Disparate impact is the appropriate standard to be applied to the Fair Housing Act. The result is that policies that even inadvertently relegate minorities to poor areas violates the Fair Housing Act. |
| Young v. American Mini Theaters, Inc.; U.S. Supreme Court (1976) | Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit. |
| Metromedia, Inc. v. City of San Diego; U.S. Supreme Court (1981) | Court found that commercial and non-commercial speech cannot be treated differently. The court overruled an ordinance that banned all off-premises signs because it effectively banned non-commercial signs. |
| Members of City Council v. Taxpayers for Vincent; U.S. Supreme Court (1984) | regulation of signs was valid for aesthetics, but can't regulate content If regulation based on content, must be justified by compelling governmental interest. aesthetics advance legitimate interest upheld LA ordinance banninng signs to utility poles |
| City of Renton v. Playtime Theatres, Inc.; U.S. Supreme Court (1986) | time, place, manner restrictions on SOB acceptable. ordinance treating secondary effects (traffic n crime), not content. city doesnt have guarantee land available at reasonable price city cant prohibit SOB. upheld zoning ord. limiting SOB to 1 district |
| Religious Land Use and Institutionalized Persons Act of 2000 | no govt may implement LU reg that imposes substantial burden on religious assembly/institution, unless govt demonstrates burden both is in furtherance of compelling govt interest and least restrictive means of furthering compelling govert interest |
| Reed et al. v Town of Gilbert Arizona (2014) | city cannot impose more stringent restriction on signs directing the public to a meeting than on signs conveying other messages. The Court found the sign ordinance was not content neutral. |
| United States v. Gettysburg Electric Railway Company; U.S. Supreme Court (1896) | acquisition of the national battlefield at Gettysburg served a valid public purpose. This was the first significant legal case dealing with historic preservation. |
| Pennsylvania Coal Co. v. Mahon; U.S. Supreme Court (1922) | if a regulation goes too far it will be recognized as a taking. This was the first takings ruling and defined a taking under the 5th Amendment. |
| Berman v. Parker; U.S. Supreme Court (1954) | aesthetics is a valid public purpose. The court found that urban renewal was a valid public purpose. |
| Fred French Investing Co. v. City of New York; New York Court of Appeals (1976) | city had put in place a regulation that required the placement of a public park on private property, leaving no income producing use of the property. The Court invalidated the regulation, but it was not ruled as a taking that should receive compensation. |
| Penn Central Transportation Co. v. The City of New York; U.S. Supreme Court (1978) | taking is based on extent of diminution of value, interference with investment backed expectations, n character of govt action. found that NYC Landmark Preservation Law as applied to Grand Central did not constitute a taking. |
| Agins v. City of Tiburon; U.S. Supreme Court (1980) | upheld right to zone property at low-density determined zoning not taking. zoning can be a taking if it does not substantially advance a legitimate state interest or denies an owner economically viable use of his land. |
| Loretto v. Teleprompter Manhattan CATV Corporation; U.S. Supreme Court (1982) | where there is a physical occupation, there is a taking. cable co. installed cables on building to serve tenants building n to serve other buildings. property owner sued claiming that allowing the cable company to occupy the land was a taking. |
| First English Evangelical Lutheran Church of Glendale v. County of Los Angeles; U.S. Supreme Court (1987) | if property is unusable for period of time, then ordinance can be set aside n property owner can subject the government to pay for damages. found that County could either purchase property or revoke ordinance n pay church for losses during time of trial. |
| Keystone Bituminous Coal Association v. DeBenedictis; U.S. Supreme Court (1987) | enactment of regs didnt constitute taking. enactment of Act was justified by pub interests protected by Act. Bituminous Mine Subsidence n Land Conservation Act 50% of coal beneath four protected structures stay for support. Coal Assoc claimed taking. |
| FCC v. Florida Power Corporation; U.S. Supreme Court (1987) | found that a taking had not occurred. The public utilities challenged a federal statute that authorized the Federal Communications Commission to regulate rents charged by utilities to cable TV operators for the use of utility poles. |
| Nollan v. California Coastal Commission; U.S. Supreme Court (1987) | Essential nexus. regulations must serve substantial public purpose n exactions are valid as long as exaction n project are reasonably related. also found that California Coastal Commission's requirement to dedicate an easement for public beach access was |
| Lucas v. South Carolina Coastal Council; U.S. Supreme Court (1992) | found that there is taking if there is total reduction in value after regulation in place, except where derived from state's law of property and nuisance. found Lucas purchased land prior to regs being put in place and so constituted a taking. |
| Dolan v. Tigard; U.S. Supreme Court (1994) | furthered rational nexus. must be reasonably relationship btw exaction req n development. created rough proportionality test. conditions requireing deeding of land to govt can be justified where relationship exists btw nature and extent of proposed deve |
| Suitum v. Tahoe Regional Planning Agency; U.S. Supreme Court (1997) | answering whether owner must attempt to sell dev. rights before claim reg taking found ripe for adjudication. owned undevd. lot near lake Agency found couldn’t be deved. under regs, but Suitum could sell dev. rights under TDR program. sued claiming taking |
| City of Monterey v. Del Monte Dunes at Monterey Ltd.; U.S. Supreme Court (1999) | upheld 1.45 mil jury award in favor of dev based on city's repeated denials of dev. permit for 190-unit res. complex on ocean property. Dev in conformance with comp plan n zoning. found repeated denials deprived owner of all economically viable use |
| Palazzolo v. Rhode Island; U.S. Supreme Court (2001) | owner claimed inverse condemnation against RICTMC owner denied permit to fill 18 a of wetland to construct beach club therefore taking. found claims ripe 4 adjudication acquisition of title after effective date of regs does not bar taking claims remanded |
| Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al.; U.S. Supreme Court (2002) | found that moratoria did not constitute taking requiring compensation. Agency imposed two moratoria on development in the Lake Tahoe Basin while the agency formulated a comprehensive plan for the area. A group of property owners sued, claiming a taking. |
| Lingle v. Chevron USA, Inc.; U.S. Supreme Court (2005) | overturned portion of Agins v. Tiburon declaring reg of prop effects taking if it doesnt advance legitimate state interest. found this prong imprecise n not appropriate for determining if taking other denial of economically viable use is unaffected. |
| City of Rancho Palos Verdes v. Abrams; U.S. Supreme Court (2005) | The Court ruled that a licensed radio operator that was denied conditional use permit for an antenna cannot seek damages because it would distort the congressional intent of the Telecommunications Act of 1996. |
| Kelo v. City of New London; US Supreme Court (2005) | The Supreme Court ruled that a economic development is a valid use of eminent domain. The court found that it is not in a position to determine the amount or character of land needed for a particular public project. |
| Stop the Beach Renourishment Inc v. Florida Department of Environmental Protection (2009) | The Supreme Court ruled that submerged lands that would be filled by the state did not represent a taking to the waterfront property owners. |
| Koontz v. St. John's River Water Management (2012) | requested permit to dev additional land beyond allowed in orig permit. SJRWM agreed to issue on the condition Koontz deed rest prop to conservation area n mitigation work. no reg requir dedication n mitigation taking had occurred. |
| Munn v. Illinois; U.S. Supreme Court (1876) | found state law reging pricing did not constitute taking n violation due process. established principle of pub reg of priv businesses in pub interest. found that reg of priv prop doesnt violate due process when reg becomes necessary for public good. |
| Village of Belle Terre v. Boaraas; US Supreme Court (1974) | court found a comm has power to control lifestyle n values. extended concept of zoning under police power to include community's desire for certain types of lifestyles. upheld reg that prohibited >2 unrelated individuals from living together as sing fam |
| Village of Arlington Heights v. Metropolitan Housing Development Corporation; US Supreme Court (1977) | denied zone change SF to MF. sued alleging denial was discriminatory n violated Equal Protection Clause of 14th n Fair Housing Act District Court motivated by desire to protect values Supreme Court insufficient evidence to prove racially discriminatory |
| Southern Burlington County NAACP v. Township of Mount Laurel; New Jersey Supreme Court (1975) | The Court found that Mount Laurel had exclusionary zoning that prohibited multi-family, mobile home, or low- to moderate-income housing. The court required the Town to open its doors to those of all income levels. Fair Share |
| City of Boerne v. Flores; U.S. Supreme Court (1997) | challenged Religious Freedom Restoration Act. denied church permit in historic district act unconstitutional exercise of congress powers exceeded powers of 14th |
| First Amendment | Freedom of Speech, Freedom of Religion, and Freedom of Association. freedom of speech applies to adult uses and signs. Freedom of religion applies to religious facilities. Freedom of association applies to group homes. |
| Fifth Amendment | Just compensation for takings. applies in cases of takings and eminent domain. |
| Fourteenth Amendment | Due process applied to takings, eminent domain, and exactions. Substantive due process includes aesthetics. Procedural due process applies to ordinances. Equal protection is applied to exclusionary zoning. |
| Communicative planning | brink key stakeholders to table. Work towards consensus. Common solutions. |
| Fred French Investing Co v New York | Introduced TDR |
| Federal Property and Administrative Services Act of 1949 | established the General Services Administration. |
| Federal Surplus Property Act of 1944 | allows for the government disposal of property |
| Indian Reorganization Act | AKA Wheeler-Howard Act. reverse goal of assimilation & and strengthen, encourage and perpetuate historic traditions & culture. restored to Indians the management of their assets—land and mineral rights |
| Communicative Planning | recognizes planning operates within realm of politics, & contains a variety of interests. tries to use rational model as a basis mutual understanding Planners can provide the stakeholders with information and bring people together to discuss the issues. |
| Mariemount, OH | Developed by John Nolan in 1921 |
Created by:
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