Market Demand-based Planning and Permitting

by Nelson, Arthur C.; Marshall, John Travis; Juergensmeyer, Julian Conrad; Nicholas, James C.; Merriam, Dwight

• ISBN13: 9781634258906
• ISBN10: 1634258908
• Format: Paperback
• Copyright: 2018-06-07
• Publisher: American Bar Association

Summary

This book addresses market demand-based permitting and building planning in municipalities and counties. It reviews implications for property rights, protecting the local economy, and preventing development in excess of market needs. The book shows how market demand-based planning and permitting could have reduced the severity of the savings and loan crisis as well as the Great Recession while saving the economy millions of jobs and Americans trillions of dollars in real estate equity. It reviews many existing tools that can be used to implement market demand-based planning and permitting.

Author Biography

Arthur C. Nelson, PhD, FAICP, of Tucson, AZ is professor of planning, real estate development, and geography at the University of Arizona. Nelson has nearly 50 years' experience in planning, real estate development, and policy analysis.
John Travis Marshall of Atlanta, GA is an Assistant Professor at the Georgia State University College of Law, where he teaches Environmental Law and Land Use Law. He is co-editor of How Cities Will Save the World, and has written a number of articles and book chapters examining urban disasters and the steps that cities have taken—or might take—to bounce back from crisis.

Julian Conrad Juergensmeyer of Atlanta GA is a BA and JD graduate of Duke Univer­sity, and a member of the Ohio Bar, is currently Professor and Ben F. Johnson, Jr. Chair in Law at Georgia State University and Editor in Chief of the Journal of Comparative Urban Law and Policy. He has taught property and land development regulations law for over 50 years.

James C. Nicholas, PhD, of Gainesville, FL is emeritus professor of urban and regional planning and emeritus professor of law at the University of Florida. Nicholas has written widely on the subjects of land, environmental policy and growth management. Together with Juergensmeyer and Nelson, he pioneered the Rational Nexus Test which has become the guiding principal for development exac­tions such as impact fees in the U.S. States.

Table of Contents

Part 1: The Need for Market Demand–Based Planning and Permitting

Chapter 1 What Is Market Demand–Based Planning and Permitting and What Are Its Groundings in the American Land Use Planning

and Development Regulation System?

Chapter 2 In Accordance with a Plan: The Foundations of Market Demand–Based Planning and Permitting

Chapter 3 The Savings and Loan Crisis as a Taxpayer Tragedy

Chapter 4 The Self-Interests of Financial Organizations Are Incapable of Protecting America's Economy or Moral Hazard Trumps the Invisible Hand

Chapter 5 The Economics and Economic Implications of Excessive Real Estate Development

Part 2: The Role of Institutions in Advancing Market Demand–Based Planning and Permitting, and Its Legal Context

Chapter 6 The Role of Market-Based Information to Ensure Efficient Market Outcomes

Chapter 7 Local-Regional Collaboration as a New Line of Defense against Cyclical Real Estate Crashes

Chapter 8 Smarter Planning through Market Demand–Based Planning and Permitting

Chapter 9 “Old Wine in New Skins”: Updating an Existing Tool for Evaluating Development Decisions

Chapter 10 Implementing Market Demand–Based Planning and Permitting: Legal Considerations