Peoples’ PropertyPeoples’ Property
Shared Power WorldShared Power World
Customer ServiceCustomer Service
VisionVision
MistakesMistakes
Private MarketPrivate Market
RulesRules
Expectations and GoalsExpectations and Goals
DefinitionsDefinitions
OverviewOverview
Property RightsProperty Rights
THE PHYSICAL PROCESSES OF PLANNING –PLANNING IMPLEMENTATION
PREFACE TO THE COURSE
A SHARED POWER WORLD
A SITUATION IN A DEMOCRATIC SOCIETY WHERE ONE CAN RULE ONLY BY SHARING POWER – WHICH CAN ALSO MEAN THAT NO ONE IS IN CHARGE
SO WHY DO WE TOLERATE PLANNING AND REGULATION?
THE REITZ FORMULAIF YOU DON’T DO IT TO ME, THEN I WON’T DO IT TO YOU
TRANSLATED – IF YOU DON’T SPIT ON MY SIDEWALK, I WON’T SPIT ON YOURS
THE REITZ FORMULA IN ACTION
ISSUE OVER LAND USE AND PLANNING CAN BE RAISED TO BIBLICAL LEVELS FIRES
FLOODS
PESTILENCE
LOCUSTS
DARKNESS
FAMINE
THE HOLMES FORMULA
CIVILIZATION
I DO NOT PAY MY TAXES BECAUSE I HAVE TO OR SUBMIT TO REGULATION BECAUSE I MUST. . . ….
I SEE IT AS AN INVESTMENT IN CIVILIZATION
WE MAY BE A NATION OF STATES, BUT WE ARE ALSO A COUNTRY OF FIEFS AND
BARONIES
Chicago – 2 states, 6 counties, 207 citiesLos Angeles - 5 counties, 277 cities
ALL TOO OFTEN THERE IS A LACK OF VISION AND COMMON SENSE
PLANNING IS HARD TO DO – IT TAKES TIME, EFFORT & TALENT TO DO IT CORRECTLY
BUT PUBLIC ‘BRICKS AND MORTAR PLANNING’ BRINGS BENEFITS TO THE
PRIVATE MARKET
PUBLIC GOODS VERSUS PRIVATE GOODS
AND THERE ARE MANY MISTAKES THAT CAN BE MADE
IT IS DIFFICULT TO HAVE A FOOLPROOF PLAN WHEN THERE ARE SO MANY CLEVER FOOLS
PLANNING AND REGULATION IS NOT ABOUT SIMULARITY – IT IS ABOUT VARIETY
31 FLAVORS INCLUDING CHOCOLATE TUNA
AND IT IS ABOUT PRESERVATION OF PUBLIC AND PRIVATE GOODS
HISTORY, ENVIRONMENT, PLACE, PRESERVATION
Gettysburg
SOMETIMES PHYSICAL PLANNING AND REGULATION IS ABOUT SAVING WORLD CLASS ASSETS
SEA OF CLOUDS WILDERNESS AREA – CLASS ONE RARE
IN OTHER WORDS, IT WILL DO AS A PROFESSION, BUT SOMETIMES WE FEEL LIKE THE TECHNICIAN AND SOME DAYS WE FEEL LIKE THE
LAB RAT
Property-Rights Property-Rights MovementMovement
Federal Worker Federal Worker ThreatsThreats
Home Rule MemoHome Rule Memo
Western States Western States CoalitionCoalition
Wise-Use MovementWise-Use Movement
Catron County Catron County OrdinanceOrdinance
Legal LitigationLegal Litigation
County RightsCounty Rights
Trends in OwnershipTrends in Ownership
Future of Public LandsFuture of Public Lands
SO, WELCOME TO THE COURSE IN
PHYSICAL PROCESSES OF PLAN PHYSICAL PROCESSES OF PLAN IMPLEMENTATIONIMPLEMENTATION
WEDNESDAYS – 2:30 TO ABOUT 4:30
JOHN W KELLER – Fall 2006
Phone 785-532-2441 but messages are not possibleE-mail is [email protected]
Generally in my office on Tuesday morning, Thursday morning and most Fridays
Student honor code http://www.ksu.edu/honor
COURSE INFORMATION
• Class Assignments – 2• Exams – final only• Lectures – 10 lectures• Presentations 2 – team presentations – 1?• Grading Basis
– Academic work and content = 80 percent– Showing up = 5 percent– Clarity, syntax, composition, look and feel = 10 percent– Leadership and management of materials = 5
OTHER GRADING BASIS:
Front Row = ANext Two Rows = BLast Row = CHat on in class = DHat on Backwards = F
COURSE GUIDELINES
• Goals– Simulate professional level skills needed for physical
planning practice after graduation.– Teach leadership and management through team projects
and co-management of these projects.– Enhance writing and presentation skills.– Teach technical skills – such as housing condition
surveying, transportation modeling, land use surveys.– Produce exemplary documents.
RULES
• Courtesy and professionalism at all times! Rudeness is a cardinal sin! Do not ask a question unless you are prepared for the answer.
• Class members have the right and responsibility to judge the performance of others and contribute to formulating the final project grade for individuals.
• No harassment! No sexism! • Cursing is OK as long as you don’t use the big seven - unless someone
objects – then cursing constitutes harassment.• Remember that 95 percent of life is showing up – on time.• Violation of minor rules carries a penalty of food for all class meeting. I
am diabetic and now obsessed with watching other people eat tons of carbs.
• Late to class• Not prepared• Sleeping in class
EXPECTATIONS
• There is no such thing as a first draft! When material is turned over for review, it “is considered the best” a person can achieve. We will all get along if you follow this rule.
• Learn to understand me! I do not suffer fools easily. I may appear to some of you to be gruff and short on temper. Perhaps this is true, but I tend to think of myself as a skeptic and a person that takes great pride in the accomplishment of my students. At least you will always know where you stand without having to play head games with your instructor.
• Also, contrary to common belief, I can be told to go to hell for good cause. I will also respect any complaints that you might have about my actions, teaching methods, decisions, or comments without retaliation. You have complete freedom of speech in this course. Exercise your freedom of speech – do not come to me after the class is over and tell me what was wrong. When you have a problem or a dislike, discuss it with me.
CONTINUED
• I expect maximum effort. Yes, I do know that you have other courses, projects, and family/personal lives. I, too, have other classes, a professional life, department expectations, a private life, and a tremendous amount of boring meetings. Perfection in writing, spelling, syntax and construction is not an option. It is mandatory. All presentations are reviewed by the instructor – they are not the private property of the individual. All materials produced in the class are the intellectual property of the individual.
• Presentations and plans are an art form and a craft. Plans and presentations are 1/3 beauty, 1/3 technical competence, and 1/3 organization and content. If 1/3 is missing, you either have an ugly, incompetent, or poorly construction project.
• Above all, academic and professional honesty rules! If you plagiarize, at least give credit.
OVERVIEW
• Planning – The act of discerning the futurity of current decisions
• Policies Planning – The creation of benchmarks and guidelines to guide decision-making
• Physical Planning – The basis of Town Planning; structuring the changing nature of the community
Change is Optional – Changing is Not
Futurity
• What do we need versus want?• What do we need to anticipate?• What do our clients want?• Does this differ from the current scenario and should
we care?• Where have we been on this subject?• Where are we now?• Where are we going?• How to we get there?
Policies Planning
• Cannot set plans until the key players have an agreed on set of boundaries
• What do we do with main street?• Are there exceptions?• Is this a long term policy, or does it expire
when we reach a certain threshold?• ie., Poyntz Ave is an extension of the business
district and should take precedence over all other uses
The Physical Planning
• Takes place at several levels– District– Neighborhood– Site– Building
• Follows a set policies ranging from fine- grained to generalized statements
WHAT PHYSICAL PLANNING AND IMPLEMENTATION ARE REALLY ALL ABOUT IS
MAKING THINGS WORK
•An Efficient, Safe Community•One That is Interesting•That Is Always A Work in Progress•It’s a Journey – Not A Destination
PHYSICAL PLANNING PROCESS
Regional Area Analysis
Preliminary Development Planning FINE
GRAINED PLANNING
Then Why The Hell Does It Work In Some Cases But Not Others?
Here is the major reason!People
Politicians
Families
Republicans
Democrats
Moderates
Men
Women
Methodists
Mormons
Rich
Poor
Planning Is Politics
Politics is the authoritative allocation of valuesLiberal
Radicals Idiots and Dipsticks
Good People Fools
Libertarians People of Quality
Black Helicopters
Its Good To Remember That
– It is difficult to make something fool proof when they are so many clever fools
– Inside of every little problem there is a bigger one waiting to get out
– Everyone, everywhere continually moves to their level of incompetence
– It is instructive to remember that any site, anywhere can be modified for development for a cost$$$$$$$$
Doing Physical Land Use Planning
• Learning the cook book formula– Finding & describing things– Locating things– Learning standards by heart– Learning threats such as water, slope & terrain– At any given time 15% of all people are idiots
Today’s Mantra
• Don’t ask, just do it!
• I pay taxes on 100% of my property and I want 100% of the use of my property
• Government should act more like a business – then it might go broke
• Smart Growth is just another way of spending money
And FinallyIt often seems like planners are stuck in a rut. Their advice ignored by all but the few in a community. It seems like we have too many bad days. But, sometimes we wonder if we really know what having a bad day really is?
Location Exercise
Purchaser: BEADLES RICHARD FRecord ID: 424214 Date: 03/24/1862Acres: 80 Price: $11.00 Type of sale: Railroad (RR) County: 41 Section: 8 Section Part: NWNE Township: 01S Range: 01E 3rd Meridian:3 Purchaser Res: Arch. Vol. No: 791 Vol. Page No.: 087 Cash warrant code:Record corrected: 0
WHY IS IT SO IMPORTANT?
• Storm Water Discharge Planning• Sewer and Water Installation• Transportation Development• Elevation indicates Soil Type• Soil Type dictates development
pattern
THE COOKBOOK MEASURE OF SLOPE
Expression of Slope
0 – 3 percent (flat)
3 – 10 percent (moderate)
10 – 15 percent (special caution)
15 – 30 percent (only in California and Colorado)
Over 30 percent (heart attack)
When slope is expressed as a percent, it is the vertical rise / horizontal run
Slope can always be expressed as a ratio by dividing the horizontal run by the vertical rise
1:1
2:1
3:1
5:1
10:1
Horizontal runVertic
al Rise
EXPRESSED AS A RATIO
OTHER COOKBOOK FORMULAS FOR LAND USE PLANNING
• ½ or less – Nothing feasible• ½ to 1 percent – large scale land uses
such as industry, the big box, airports – BUT – major drainage and sewer flow problems
• 1 ½ to 5 percent – nearly any land use can be sited
• 3 percent is the upper limit for “no problem” heavy truck flow
UPPER SLOPE FORMULA
• 5 – 10 percent is generally good for housing development and can be used for smaller scale industry, office and commercial
• Many communities will not allow road development over
8 – 10 percent
HIGH SLOPE DEVELOPMENT
• 10 – 15% can generally only be used for hillside residential development. Very special practices must be used for road, storm water, and sewer development. All other uses are economically impractical
• 15 – 25% is used for very large lot residential development. Extreme costs can be expected
WORLDWIDE LAND USE FORMULAS
•The rich folks take the high ground•The least developable ground is always the preferred location•Water runs down hill•You can pump water uphill
The Concept of PropertyThe Concept of PropertyThe Concept of PropertyThe Concept of Property
The British/American ViewThe British/American View
Absolute Doctrine
Nuisance Doctrine – Roman
British – Fee Conditional
Police Power Doctrines
Maturing Police Power
Stewardship Models
Socialist – Democratic Models
Scandinavian Models
Marist – general
Indigenous Peoples’
Eco – Generativist
Gaia
Sovereign
Feudal
Queen’s Chain
CONCEPT OF A SOVEREIGN
• Immunity• All property rights evolve from• Respect of the sovereign for private
property – Blackstone’s Dictum• Judicial attitudes – e.g. – basic assumption
of validity
CONCEPT OF PROPERTY
• Attribute of People• Appropriation (appropriable) & value• Right to material things – not personal
liberties• Exclusive – not inclusive• Can be held jointly or in common
WHAT IS NEEDED
• An owner, together with others to exclude• Objects that can be held as possessions• A sovereign to sanction, limit, and protect
rights
WAYS TO POSSESS PROPERTY
• Fee simple – or fee simple absolute• Fee qualified• Life estates – fee tails – undivided interests• Dower rights – right of an heir (spouse) to a portion of the
estate• Profits’• Curtesy – Right of a spouse to a portion of estate acquired
during marriage• Leasehold• Land purchase contract
LAND USE PLANNING MADE PLAIN – HOK-LU LEUNG
• How do land use patterns come about?– Interaction along class and economic lines according to
Burgess and Hoyt – concentric zones– Sectorial Models – edge city– Multiple nuclei – pepperoni pizza models
Economic, Social and Spatial Models
• Land Use variables– Growth machine socio political– Demographic forces (income)– Pattern and preferences (school, facilities, health care)– Transportation
• Work – 2 persons working family• Cost of transportation• Friction of transportation
Urbanization of Land Use
ROOT CAUSES OF URBANIZATION
Push factors for rural areasPull factors from urban areasNatural birth increaseDisaster displacement