Planning and progressivism Re: [lbo-talk] eminent domain

Michael Hoover hooverm at scc-fl.edu
Mon Feb 27 18:36:17 PST 2006



>>> dhenwood at panix.com 02/26/06 1:06 PM >>>
>"inclusionary zoning" rules are very progressive but many locals object to
>them because they want smaller buildings, but the fewer floors, the less
>economic it is to include those affordable units.

Most locals object to them because they know they're bullshit. Doug <<<<<>>>>>

there remains good deal of middle/upper-middle income opposition to 'mixed' neighborhood housing stock...

most so-called 'inclusionary zoning' is voluntary type in which local gov't offers incentives - examples include density bonuses, variances, public land/ funds, tax relief, walk-through permit approvals (instead of customary minimal 18 months), local elected officials prefer this approach for several reasons, among them ideological, but lessened likelihood of 'takings' and 'due process' legal challenges is clearly a factor, one result has been low developer participation...

in contrast, few mandatory/required (whether compensated or not) programs exist, while they increase developer participation, they also heighten potential legal challenges, to dissuade latter occurrence, local jurisdictions often allow developers to 'opt-out' by precluding them from seeking variances, using public land, or relying upon public funds... mh



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