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  • Front
  • Back

Who is the Ethics Officer?

The Executive Director of APA/AICP

Section A contains...

Statement of Aspirational Principles

Failing to achieve aspirational principles (Section A) cannot be the subject of a misconduct charge or be a cause for disciplinary action.

True
Section B contains....
Rules of conduct to which we are held accountable

If we violate this section, we can be the object of a charge of misconduct and shall have the responsibility of responding to and cooperating with the investigation and enforcement procedures.

Section B

If we violate this section, we can be the object of a charge of misconduct and shall have the responsibility of responding to a cooperating with the investigation and enforcement procedures.
Section B
If we are found blameworthy of a violation of Section___, by the AICP Ethics Committee, we shall be subject to the imposition of sanctions.

Section B

Section C contains....

The procedural provisions of the Code. It describes (1) the way that one may obtain either a formal or informal advisory ruling, and (2) details how a charge of misconduct can be filed and how charges are investigated, prosecuted, and adjudicated.
Section C contains....
The procedural provisions of the Code. It describes (1) the way that one may obtain either a formal or informal advisory ruling, and (2) details how a charge of misconduct can be filed and how charges are investigated, prosecuted, and adjudicated.
Section D contains....
Procedural provisions that govern situations in which a planner is convicted of a Serious crime.
Section A is divided into____sections
1. Our Overall Responsibility to the Public
2. Our Responsibility to our Clients and Employers
3. Our Responsibility to Our Profession and Colleagues
Section C: Our Code Procedures
1. Informal Advice
-comes from the Ethics Officer
-not given in writing
-not binding on AICP but the AICP Ethics Committee will take it into consideration if a charge of misconduct is later filed
-within 21 days

Town Planning in Practice (an introduction to the Art of Designing Cities and Suburbs) by Sir Richard Unwin, 1909

A masterful exposition on the fine points of site planning-such as the arrangement of buildings and streets, squares, and other public places. Demonstrates how to plan cities at the human scale.

An Introduction to City Planning (Democracy's Challenge to the American City) by Benjamin Marsh, 1909

Marsh was one of the first and most vociferous leaders of the movement to use coordinated governmental action to address public health crises. "A city without a Plan is like a ship without a rudder".
Marsh was a major early advocate for zoning and planning in NY.
The Principles of Scientific Management by Frederick Winslow Taylor, 1911
Taylor's highly influential argument was that both business and government should "functionality work". It gave support to the idea of separating politics from the administration of work, giving credence to rise of a professional class of city planners, engineers, finance officers, etc.
Wacker's Manual of the Plan of Chicago by Walter D. Moody, 1912
The first publication geared to elementary school children on he subject of planning. Taught children about Daniel Burnham's The Plan of Chicago of 1909.

Carrying Out the City Plan by Flavel Schurtleff, Frederick L. Olmsted, 1914

Instigated by Olmsted, this was the first study of state planning law. Undertaken by landscape architect Flavel Shurtleff, the work became an indispensable tool for planners as they developed the legal foundations and the practice of planning.
Cities in Evolution (An Introduction to the Town Planning Movement and to the Study of Civics) by Patrick Geddes, 1915
Linking social reform and the urban environment, Geddes looked at cities comprehensively. All planning should preserve the unique historic character of the city and involve citizens in the planning of its development, he reasoned, sounding two themes that would reemerge in he 1950s and 1960s.
The Planning of the Modern City (A Review of the Principles Governing City Planning) by Nelson P. Lewis, 1916
Focused on the physical city, Lewis viewed the problems of city planning as engineering problems. From transportation systems to parks and recreation, this book took a systems approach and inspired engineers to consider planning their concern and planners to consider physical problems.
City Planning (With Special Reference to the Planning of Streets and Lots) by Charles Mulford Robinson, 1916
Charles Mulford Robinson was among first writers to meld knowledge of 18th and 19th century design with the growing effects of motorized travel and "modern" American living. This book springs from a period of great creative ferment and experimentation on city planning, particularly in the areas of street design and playing. Many of his observations remain relevant today.
The City by Robert E. Park, Ernest W. Burgess, Roderick D. McKenzie, Louis Wirth, 1925
Burgess introduced the concept of human ecology by investigating the spatial patterns of urban development. His concentric zone theory connected the distance one commutes from the central business district to a socioeconomic zone of he city; hence residents are sorted by economic and social class into zones.
The Suburban Trend by Harlan Paul Douglass, 1925
Douglass' survey of suburban communities was written just as suburbs were first developing in large numbers and at a time when many believed that the suburbs would somehow fuse the best of the city and the countryside in harmony. His work exemplifies the ongoing tug between urban and suburban in planning.
The Suburban Trend by Harlan Paul Douglass, 1925
Douglass' survey of suburban communities was written just as suburbs were first developing in large numbers and at a time when many believed that the suburbs would somehow fuse the best of the city and the countryside in harmony. His work exemplifies the ongoing tug between urban and suburban in planning.

New Towns for Old (Achievements in Civic Improvement in Some American Small Towns and Neighborhoods) by John Nolen, 1927

A pioneer in the profession of city and regional planning, Nolen was a landscape architect responsible for the design of many innovative town plans, such as Venice, California. His book comprehensively examined the economic, social, and physical aspects of planning and argues for the place of natural beauty in urban design. Like his contemporaries, he was a city reformer. The book highlights several of his planned communities, including Mariemont, Ohio.
Major Economic Factors in Metropolitan Growth and Arrangement (A Study of Trends and Tendencies in the Economic Activities within the Region of New Tork and its Environs) by Robert Murray Haig, Roseell C. McCrea, 1927
An economic view of cities, Haig's book introduced the concept of economic base analysis. He viewed land use as a function of accessibility and wrote extensively on the taxation and the urban economics.
Toward a New Architecture by Le Corbusier, 1923 in French and 1927 in English
LeCorbusier's books offered a vision of a rational, man-made city in which large housing blocks of high rise dwellings faces or were set in parks. Residential areas were separated from other activities and organized in rigorous grids of new development. His work and belief in the functional city is often invoked as the source idea for multi-story housing blocks in America.
The New Exploration (A Philosophy of Regional Planning) by Benton MacKaye, 1928
Co-founder of The Wilderness Society, Benton MacKaye advocated in this work for land preservation for recreation and conservation. MacKaye linked planning to conservation.
The New Exploration (A Philosophy of Regional Planning) by Benton MacKaye, 1928
Co-founder of The Wilderness Society, Benton MacKaye advocated in this work for land preservation for recreation and conservation. MacKaye linked planning to conservation.
Middletown (A Study in Contemporary American Culture) by Robert Staughton Lynd, Helen Merrell Lynd, 1929
A monumental and very popular anthropological study of Muncie, Indiana, the book helped define the character of the American community. The authors examined work, class divisions, nuclear family, and play among other key organizing principles of American life.
Neighborhood Unit (A Scheme of Arrangement for the Family-Life Community) by Clarence Perry, 1929
Perry developed the concept of the neighborhood unit and believed cities should be aggregates of smaller units that serve as a focus of community. He promoted public neighborhood space and pedestrian scale.
The Disappearing City by Frank Lloyd Wright, 1932
Wright introduced Broadacre City, HUA visionary community form divorced from the city and suburban in concept. His was one of many conceptual new towns that were primarily architectural in character.
CIAM Manifestso by Congres International d'Architecture Moderne, 1933
Members of the congress presented their analysis of comparative town planning at the famous 1933 congress. They were committed to a belief in collective action to create a thoroughly new and modern city that would replace the old and outdated.
Final Report (Status of City and Regional Planning in the Unites States by National Planning Board, 1934
The National Planning Board was a short-lived attempt at a national planning program with a focus on buttressing infrastructure, the economy, and creating jobs. This report was based on a study "to determine what the role of the urban community is in national life."
Modern Housing by Catherine Bauer, 1932
Both an assessment and a political demand for a housing movement to support low rent housing, this book helped rally interest and concern in housing needs in America. It advocated for the role of government in assuring housing for all.

Regional Factors in National Planning and Development by National Resources Committee, 1935

A major study of regions in America, this work detailed how federal, state, and local government could undertake coordinated planning. The report addresses political frameworks, interstate cooperation, economic issues, regulations, water rights, and examined the Tennessee Valley Authority as a model for regional planning.
Outline of Town and City Planning by Thomas D. Adams, 1935
Did the profession of planning arise in response to traffic congestion? Certainly, the automobile put tremendous pressure on the existing form of cities. This core idea and many more were consolidated into this book which served as one of the first textbooks on planning in America. The book was based on 11 years of lectures Adams gave at MIT.
Our Cities (Their Role in the National Economy) by National Resources Committee, Urbanism Committee, 1937
This was in the words of the committee the "first major national study of cities in the U.S....where a large portion of the Nation's wealth...and problems are concentrated." The work links urban planning to the economy.
The Structure and Growth of Residential Neighborhoods in American Cities by Homer Hoyt, US Federal Housing Administration, 1939
From his experience in real estate, Hoyt examined how the structure of residential neighborhoods developed. He also explored how the real estate market worked to shape neighborhoods. He is known for the sector theory in urban development and local Planning
Local Planning Administration by Ladislas Segoe, Walter H. Blucher, Institute for Training in Municipal Administration, 1941
Planning pioneer Ladislas Segoe advocated for planning's integration into government in order to gain respect in administrative and legislative circles. This was a manual for administrative practice and came out within months of Waljer's book.

The Structure and Growth of Residential Neighborhoods in American Cities by Homer Hoyt, US Federal Housing Administration, 1939

From his experience in real estate, Hour examined how the structure of residential neighborhoods developed. He also explored how the real estate market worked to shape neighborhoods. He is known for the sector theory in urban development.

Local Planning Administration by Ladislas Segoe, Walter H. Blucher, Institute for Training in Municipal Administration, 1941
Planning pioneer Ladislas Segoe advocated for planning's integration into government in order to gain respect in administrative and legislative circles. This was a manual for administrative practice and came out within months of Waljer's book.
The Planning Function in Urban Government by Robert Walker, 1941
A controversial but influential book which argues that planning needed to move away from association with independent commissions and gain a place closer to the local legislative body, the chief executive, and administrative agencies. In short, Walker argued for fully integrated planning agencies within local government.
American Housing (Problems and Prospects: The Factual Findings) by Mikes Colean, Twentieth Century Fund, Housing Committee, 1944
Colean had worked for the Federal Housing Authority and advocates for housing finance reform and public housing. His analysis of American housing concluded that there were not enough innovative housing products on the market to address need. He also advocated for strong coordination between war production and housing--an opportunity missed during World War I.
The Road to Serfdom by Frederick A. von Hayek, 1944
Nobel Prize winner Hayek argued that central economic planning led to serfdom. His influential theories reinforced libertarian views that hands-off approaches by government were needed to avoid tyranny. His work re-emerged as an influence on governmental policy makers in the 1989s.
Communitas (Means of Livelihood and Ways of Life) by Paul Goodman, Percival Goodman, 1947
This book jump started the post-war rebellion that reached its pinnacle in the 1960s. The Goodmans posed three models of community based on consumption, art, or liberty. They spoke out against religious and government coercion. Paul Goodman's later works encourages a radical rethinking of major social institutions and their roles in individual lives.
A Sand County Almanac and Sketches Here and There by Aldo Leopold, 1949
Aldo Leopold was a co-founder of The Wilderness Society and the originator of the concept of wildlife management. In this popular book he put forward the ethical premise that views land not as a commodity to be possessed but an obligation to be preserved. He helped develop the scientific concept of ecology.
Toward New Towns for America by Clarence S. Stein, 1951
Stein was a co-founder of the Regional Planning Association of America, a co-designer of the iconic planned town of Radburn, and an advocate for the federal new town planning program. His book highlights his pedestrian friendly, green belt-influenced designs for neighborhoods and towns.
Urban Traffic (A Function of Land Use) by Robert B. Mitchell, Chester Rapkin, 1954
This book pioneered the concept that urban traffic patterns resulted from land uses and their resulting activities. Although the link had been made between traffic and planning quite early, Mitchell and Rapkin showed how it could be measured and studied. Their concept became accepted thinking throughout the profession.
Politics, Planning, and the Public Interest (The Case of Public Housing in Chicago) by Martin Meyerson, Edward C. Banfield, 1955
Meyerson and Banfield saw planning as firmly enmeshed within politics and urban management. Gary Hack explains that Meyerson believed "making the plan has to be inherently a process that organizes public and political support."

Urban Traffic (A Function of Land Use) by Robert B. Mitchell, Chester Rapkin, 1954

This book pioneered the concept that urban traffic patterns resulted from land uses and their resulting activities. Although the link had been made between traffic and planning quite early, Mitchell and Rapkin showed how it could be measured and studied. Their concept became accepted thinking throughout the profession.
Politics, Planning, and the Public Interest (The Case of Public Housing in Chicago) by Martin Meyerson, Edward C. Banfield, 1955
Meyerson and Banfield saw planning as firmly enmeshed within politics and urban management. Gary Hack explains that Meyerson believed "making the plan has to be inherently a process that organizes public and political support."
The Heart of Our Cities (The Urban Crisis, Diagnosis and Cure) by Victor Gruen, 1955
The father of the mid-20th century shopping mall, architect and planner Gruen wrote his treatise on how to approach the redevelopment of cities. He viewed malls as the center pieces of new urban towns.

The Organization Man by William H. Whyte, 1956

"Recognized as a benchmark, Whyte's book reveals the dilemmas at the heart of the group ethos that emerged in the corporate and social works of the postwar era." This is Nathan Glazer's assessment. The book examines the impact of large scale organization on society, including planned suburban communities and the belief in the endless perfection of life and society. Whyte revealed the cost to the individual terms of initiative and creativity.
Education for Planning (City, State, and Regional) by Harvey S. Perloff, 1957
This book became the foundation for planning education as Perloff gave intellectual coherence to the field. He outlined what he called "the integrated set of learning experiences which would permit the student to rediscover principles and learn to apply them in a problem solving setting.
Standard Industrial Classification by Bureau of the Budget, 1957
The standard classification project began in 1937 and in the 1950s a broader project was undertaken to classify both manufacturing and non manufacturing in the United States. This massive effort integrated diverse statistical data that allowed planners, researchers, and communities to access wide ranging data in standardized classifications such as types of employment.
Urban Land Use Planning by F. Stuart Chapin, 1957
Accepted as on of the standard texts on planning practice, the book describes planning as a "big stakes game in a multi-party competition." Therefore, the book continues the tradition of looking at planning within a political and local governmental context, but also as a competition among interests.
The Image of the City by Kevin Lynch, 1960
A book that appears on almost every planner's list of essential books, this work is still in use almost 50 years later. Lynch argued that people create mental maps of their surroundings with five key features: paths, edges, districts, nodes, and landmarks. He also introduced the terms way finding and imageability into the discourse, influencing the way people think and talk about urban space.
The Citizen's Guide to Planning by Herbert H. Smith, 1961
One of the first books addressed to planning commissioners and their role. Smith helped both citizens and appointed officials understand the basics of planning. He untangled the different roles of planning commissioners and professionals and examined topics such as the master plan, capital improvements programs, zoning, and the regulation of land subdivision. In this classic, he offers a high personal insider's account of the real world of the planning process.
The City in History (Its Origins, its Transformations, and its Prospects) by Lewis Mumford, 1961
Winner of the 1961 National Book Award, Mumford's book traces the development of cities from Ancient Greece and Rome to the modern forms of suburbs and megalopolis. Mumford describes the genesis of cities and analyzes their purpose in a sweeping narrative that proposes a more "organic" and human relationship between people and their environment. Mumford helped popularize planning for the general public through his Skyline feature in The New Yorker.

The Death and Life of Great American Cities by Jane Jacobs, 1961

A writer with no formal training in architecture or planning, Jacobs dared to write what she called "an attack on current city planning and rebuilding" that set out new, more human, principles for city planning. The result has become one of the must-read books of the planning profession. Empirical and highly readable, this book is based on Jacob's observations about city life. She observed what made streets safe or unsafe, what constituted a neighborhood, and what function a neighborhood serves within the larger organism off a city. She analyzed why some neighborhoods remained impoverished while other's regenerated.
Silent Spring by Rachel Carson, 1962
Carson brought environmental concerns into the mainstream with this book on the harmful effects of pesticides on Mosquitos and birds. Widely credited for spurring the environmental movement, Carson's work inspired planners to consider the importance of environmental protection in their daily lives and in urban development projects.

The Urban Villagers (Group and Class in the Life of Italian-Americans) by Herbert Gans, 1962

Gans, a sociologist and city planner, told the story of Boston's West End working-class Italian-American community. He illustrated the importance of family and neighborhood, taking a captivating anthropological view of a distinctly urban environment. The sociology of how people live in cities and interact with their environment was an influential thread in planning literature.

The Federal Bulldozer (A Critical Analysis of Urban Renewal, 1949-1962) by Martin Anderson, 1964

This book signaled a turn away from the idealistic "tear down and build new and better" approach to city planning. Anderson's early history of urban renewal detailed the mechanisms and legislation used to push the program forward, showing how its idealistic goals quickly gave way to destruction for its own sake. Anderson became a domestic policy advisor to Presidents Nixon and Reagan.

The Urban General Plan by T.J. Kent, Jr., 1964

In a contemporary review of the book, Kenneth L. Kraemer noted that the philosophy of planning had evolved. Planning was now more comprehensive and seen as "multi-layered matrixes." The goal of planning was not longer an ideal state, but "an activity stream relating to problems and goal definition, program design and evaluation." Kent exemplified the change and provided a history of the use, characteristics, and purpose of the urban comprehensive plan, and how it was currently being applied.

The Making of Urban America (A History of Planning in the United States by John Reps, 1965

Over the years, Reps's expansive studies have looked at the original plans of all types of communities in the United States. In addition, he examined how key cities and towns developed in their first decades and followed up with more intensive regional studies. This comprehensive history of early American town and city development is filled with detailed drawings and maps outlining how America urbanized.

The Zoning Game: Municipal Practices and Policies by Richard Babcock, 1966

"The Zoning Game caught the crest of the emergence of local land-use controls from a marginal subject of interest to a major national issue in the 1970s." It was twice cited by the U.S. Supreme Court. The book proposes sensible reforms to one of the earliest tools of planning and also provides a critique, asking whether zoning as it is practiced really promotes its stated goals. Babcock believed that zoning, when done correctly, was a critical means of implementing land use decisions that benefitted the community as a whole.

Design of Cities by Edmund Bacon, 1967

Bacon's powerful urban design concepts shaped Philadelphia. A planner, architect, architectural historian, and theorist, Bacon relates the international work of great city designers through the ages to the contemporary city, with illustrative examples.

Design with Nature by Ian McHarg, 1969

Notable for its use of map overlays to identify land development constraints. An influential landscape architect who spoke to planners, McHarg showed how to achieve the ideal fit between built environments and natural surroundings.

American City Planning Since 1890 (A History Commemorating the Fiftieth Anniversary of the American Institute of Planners) by Mel Scott, 1969

The standard text on American city planning history up to 1969. Scott helped illuminate the intellectual as well as the practical developments in the field drawing clear paths from the Progressive and sanitary movements to the planning in the postwar eras.

The Uses of Disorder (Personal Identity and City Life) by Richard Sennett, 1970

Influential urban sociologist Sennett examines how excessive order produced dull urban life, but was socially destructive and led to the cultivation of violent, narrow, repressed societies. His appreciation of the complexity and essential unregulated nature of good urban life challenged planners to do more than impose solutions.

Learning from Las Vegas by Robert Venturi, Denise Scott-Brown, Steven Izenour, 1971

A landmark work filled with wit and insight into how people actually use and enjoy landscapes of pleasure. The book challenged architects and planners to consider the overlooked vernacular and understand how it created an order and form of its own, and responded creatively to the people who inhabited commercial landscape. It was the first book to examine the phenomenon of the strip in the American city.

Site Planning by Kevin Lynch, Gary Hack, 1971

This thorough work on all technical aspects of site planning is infused with a deep understanding on how humans inhabit their environment, the need to avoid ugliness, and the importance of understanding the consequences of design. The book remains a standard in the field of planning.

A Reader in Planning Theory by Andreas Faludi, 1973

These essays covered the full complement of the 20th century planning theory, including rational planning, advocacy planning, and incrementalism. Each one challenged the utility and methods of planning in determining the public interests and the role of the planner. Of particular note are Paul Davidoff's "Advocacy and Pluralism in Planning" and Martin Meyerson's "Building the Middle-Range Bridge for Comprehensive Planning."

Urban Design as Public Policy (Practical Methods for Improving Cities) by Jonathan Barnett, 1973

Barnett discussed how to bridge the gap between the design and planning professions,. An architect, planner, and teacher, Barnett focused on how to actually bring about the qualities of urban life that Jane Jacobs and others espoused.

Close Up (How to Read the American City) by Grady Clay, 1973

Clay is one of the great proponents of close observation of landscapes and built environments, and in his first book he introduced a new taxonomy and vocabulary for describing where we live, what we see, and how we feel about places. Importantly for planners, he stressed the subjective and perceptual nature of places rather than grand, abstract plans for them.

Small is Beautiful (Economics as if People Mattered) by E.F. Schumacher, 1973

Schumacher was an early proponent for the concept of sustainability. He examined how it applied to economics and planning for human organizations and communities. His essays on "Buddhist Economics", the limits of natural resources, and scale are essential to modern planning thought. The book had a large popular audience.

The Power Broker (Robert Moses and the Fall of New York) by Robert Caro, 1974

Journalist Caro grapples with the motivation, methods, and impacts of Moses, a builder of New York public works who abjured planning as a discipline but understood how to "get things done." This book was especially influential in how it crystallized the change in values that had taken place over the 20th century, with large-scale patriarchal Modernist planning falling out of favor.

Urban Planning Analysis (Methods and Models) by Donald A. Krukeberg, Arthur A. Silvers, 1974

This clearly written introduction to basic quantitative techniques of urban planning and policy analysis includes solid chapters on survey research and analysis, population forecasting, transportation modeling, and program analysis and management, including time-sequence scheduling.

A Pattern Language (Towns, Buildings, Constructions) by Christopher Alexander, Sara Ishikawa, Murray Silverstein, 1977

This timeless and detailed accounting of the patterns of urban architecture illuminates the populist turn in urban design in the wake of Jane Jacobs's work. These patterns are the composition of a distinct language invented and used by everyday people. Planners can learn about place and its people by interpreting the details of its form.

The Fiscal Impact Handbook by Robert Burchell, David Listokin, et al., 1978

A planning classic on the important topic of assessing development impact on the fiscal condition of the local government. This is a comprehensive treatment of cost-revenue analysis and the limitations of different approaches.

Making City Planning Work by Allan Jacobs, 1978

As San Francisco's planning director, Allan Jacobs faced a memorable fight with developers and commissioners who proposed to build three high rise towers on the waterfront Embarcadero Center property. One of the first planning books of its kind, Jacobs's memoir is both practical and political; he offers case studies illustrative of typical planning issues and intersperses these with more personal "behind the scenes" stories of what city planning was really like in San Francisco.

The Practice of Local Government Planning by Frank So, et al., 1979

The "green book or Bible" has served as core text of planning since its inception. Produced in partnership with ICMA the book comprehensively covers American city planning history, planning functions, and, most important, the public administrative aspects of planning, including agency management and budgeting. The book has been updated in several new editions and is still in use.

The Social Life of Small Urban Spaces by William H. Whyte, 1980

Whyte's careful examination of small spaces and how people behave in them revealed the moral dimension of planning -- the responsibility to create health public spaces. Whyte's observations were fascinating enough to draw a public readership for his studies.

A Theory of Good City Form by Kevin Lynch, 1981

A philosophical classic, the book calls attention to all that we take for granted as normative urban life. In this third of Lynch's influential books, he relates humanist priorities to the actual form of cities, while trying to illuminate what our best and worst physical environments say about us as well as what we can learn from them.

Liveable Streets by Donald Appleyard, 1981

Appleyard was a precise observer of street conditions and traffic qualities. His analysis of streets and their traffic patterns demonstrated the link between urban design and social relationships. The book provided quantitative data to support traffic calming policies and established taxonomies of street use, now employed in traffic calming programs.

The Granite Garden (Urban Nature and Human Design) by Anne Whiston Spirn, 1984

Spirn applied design with nature techniques to an urban setting. Her analysis touched off ecological urbanism movement. Scientific research and urban case studies reveal how familiar natural processes (such as water cycles and photosynthesis) occur in cities and how this should inform planning.

Land, Growth, & Politics by Jon M. DeGrove, 1984

As states began to assert their right to control and direct growth, John DeGrove played an active role in creating the Florida grown management act as well as assessing the ongoing evolution of growth management throughout the country. This early analysis set the stage for ongoing efforts and appraisals of this important movement.

Discovering the Vernacular Landscape by John Brinckerhoff Jackson, 1984

Jackson, a geographer, focused on the everyday experience of places and how people became invested in them. Like Learning from Las Vegas, the book regards everyday life ahead of theory or utopian ideals. His style was proactive and engaging for all audiences.

Redesigning the American Dream (The Future of Housing, Work, and Family Life) by Dolores Hayden, 1984

The development of the American urban landscape seen through a domestic lens. Examining the "architecture of gender", Hayden provided insight into the relationships between household life, social policies, and the development of cities. Her analysis of the gender implications of different housing and land use strategies led to a greater awareness of the connections between physical environments and constructed social roles.

Crabgrass Frontier (The Suburbanization of the United States) by Kenneth T. Jackson, 1985

Perhaps the definitive history of 20th century suburbanization, Jackson's work drew together the many forces- economic, governmental, and social - that went into the creation of suburbia. It is among the earliest histories of the American suburbs.

Comprehensive City Planning (Introduction and Explanation) by Melville C. Branch, 1985

Branch focused on the development of cities and their planning and management. The tie between land use and municipal administration is explored throughout. The book was written to appeal to both a professional and general interest reader.

Home (A Short History of an Idea) by Witold Rybcznski, 1986

Rybcznski's widely read book traces the evolution of domestic living. His focus on influences and ideas that shape the concept of comfort and home set this work apart from more technical discussions of architectural history and won a broad popular audience.

Basic Methods of Policy Analysis and Planning by Carl Patton, David S. Sawacki, 1986

Often required reading, the book lays out the paradigm for policy analysis and integrates policy analysis and planning. The authors explored the complex challenges in urban life and the decisions about how to address them. They examine what sorts of information get used, and by whom, in what contexts.

Life Between Buildings (Using Public Space) by Jan Gehl, 1987

An important influence on urban designers, Gehl created a comprehensive discussion of how to design good places and spaces, at all scales. Profusely illustrated, the photos and captions carry much of the thesis. Like William Whyte, Gehl focused on the social lives that unfold in public spaces and their importance for planners.

Cities of Tomorrow (An Intellectual History of Urban Planning and Design in the Twentieth Century) by Peter Geoffrey Hall, 1988

Hall provided a comprehensive examination of all the major European and American planning movements starting from the late 1800s towards the end of the 20th century. He illuminates the philosophic underpinnings of each movement, and also the key actors, background, and the results. A focused discussion looked at the tension between the ideals of "anarchists", such as Howard, Geddes, and Wright, and those of strict order, represented by LeCorbusier.

Mastering Change (Winning Strategies for Effective City Planning) by Bruce McClendon, Ray Quay, 1988

One of the few books devoted to planning management and strategy, this practical guide provides a wide array of tactics for understanding how the public reacts to change and what planners should do to increase their effectiveness.

Small Town Planning Handbook by Tom Daniels, John W. Keller, Mark B. Lapping, 1988

Small town planning has received less attention than city planning. This book succinctly organizes helpful strategies for the small town planner with limited in staff and budget. The authors provided guidance on the nuts-and-bolts work of small town planners. The book has continued in new editions.

Land Use and the Constitution (Principles for Planning Practice) by Brian Blaesser, Alan Weinstein, 1989

The legal challenges to planning and the regulatory tools of planning have shaped the field profoundly. This practical guide explains eight constitutional principles and applies them to real-world planning situations. The authors provided detailed summaries of more than 50 U.S. Supreme Court cases.

Making Equity Planning Work (Leadership in the Public Sector) by Norman Krumholz, John Forester, 1990

The book provides one of the first detailed personal accounts of a sustained and effective equity-planning practice that influenced urban policy. Recounting their real-life experiences in equity planning in Cleveland, the authors give a clear illustration through case studies.

Edge City (Life on the New Frontier) by Joel Garreau, 1991

Garreau examines America's "edge cities" or suburban cities, chronicling their rise across the country over the past 100 years. His work changed the perception of suburbia and its role relative to central cities. As people moved to suburbs, so did employment. The size and number of these cities influences how planning now approaches edge cities and their social implications.

Great Streets by Allan Jacobs, 1993

Jacobs demonstrates the importance of streets as placemaking elements through beautifully drafted plans and illustrations of worthy prototypes. He explores how design shapes a street and the importance of streets in creating community.

The New Urbanism (Toward and Architecture of Community) by Peter Katz et. al., 1994

A seminal work, the book that introduced new urbanism to a wide popular audience and enthusiastic professionals, Katz and colleagues offered case studies and handsome illustrations to make their points. The book captured the movement to reestablish a sense of neighborhood and community in face of sprawl.

Visions for a New American Dream (Process, Principles, and an Ordinance to Plan and Design Small Communities) by Anton Nelessen, 1994

The growing sophistication and emphasis on tools for helping communities visualize growth and change was encapsulated in Nelessen's book. His Visual Preference Survey was on e of the first visioning tools. In addition, his ability to illustrate neo-traditional design helped awaken an interest in historic character and quality of design that emerged in force as a planning concern in the 1990s.

Rural By Design (Maintaining Small Town Character) by Randall Arendt, 1994

Growing out of his work in New England and an appreciation for the design of small communities, Arendt revealed how towns could grow and maintain their character through density, good site planning, and compatible design. His work reinforced efforts to achieve growth management, address sprawl, and the conservation of natural and cultural landscapes. Arendt offered, with grace and humor, practical solutions to guiding growth and conserving land.


Ethical Land Use (Principles of Policy and Planning) by Timothy Beatley, 1994

Planning as a professional with an adopted code of ethics expanded its view of ethical professional practice in this work. Beatley maintained that planning policy decisions invariably involve ethical choices and used actual case studies and hypothetical scenarios to guide planners to ethical choices in their everyday work.


The Geography of Nowhere (The Rise and Decline of America's Man-Made Landscape) by James Howard Kunstler, 1994

Tracing America's evolution from tight-knit and coherent communities to a landscape of sprawl and anonymity, Kunstler discussed the stark economic, social, and spiritual costs paid for this lifestyle. Kunstler's impact was to call attention to the loss of community identity. He called upon readers to reinvent the places of life and work for a revived civic art and life.

Best Development Practices (Doing the Right Thing and Making Money at the Same Time) by Reid Ewing, 1996

Ewing draws upon case examples of some of today's most acclaimed developments and recommends best practice guidelines to help developers create vibrant, livable communities - and still make money. One of the rare studies of how places are developed using sound planning principles (at least in part) and measures the result. The books practical advice proved to be a great draw.

Natural Hazard Mitigation (Recasting Disaster Policy and Planning) by David R. Godschalk, Timothy Beatley, Phillip Berke, David J. Bower, Edward J. Kaiser, Charles C. Bohl, R. Matthew Goebel, 1999

The role of planning in hazard mitigation and recovery appeared on the agenda in the 1990s as the issues of climate change and sustainability became more pressing. This book, one of the first thorough discussions of the issue, provided insight into how hazard mitigation both worked and needed to be reformed.

Transportation for Livable Cities by Vukan R. Vuchic

Vuchic placed transportation at the hear of good planning. He explores its role in smart growth and sustainable urban living, covering everything from roads and transit to traffic calming.

Bowling Alone (The Collapse and Revival of American Community) by Robert Putnam, 2000

The book described a major shift in American life and politics that had largely gone unnoticed. Putnam examined the past 40 years and observed that social participation had changed. Because of the modern demands on time, established volunteer associations important to the community fabric had lost significant membership. The book provoked debate and awakened insight into how people live their lives, expect services, and contribute to the community, and what they expect of government and politics.

The Regional City (Planning for the End of Sprawl) by Peter Calthorpe, William Fulton, 2000

Regionalism as a focus of planning reemerged in this work that demonstrated how regional planning and design can integrate, revitalize, and provide a coherent vision for growth. Many of the concepts of new urbanism were extended to the regional scale and include a special emphasis on transit and design.

Planning Theory for Practitioners by Michael P. Brooks, 2002

Brooks brought planning theory to an understandable, usable level for practitioners. His discussion of values and ethics were especially informative.

The Rise of the Creative Class (And How It's Transforming Work, Leisure, Community and Everyday Life) by Richard Florida, 2002

While others came before Florida and developed the evaluation methods and tools in the book, the author was the first to put the information together in a compelling and understandable format. The book revolutionized today's urban planning and economic development field. It reawakened decision makers in America to the value and power of strong central cities.

The Birth of City Planning in the United States, 1840-1917, by John A. Peterson, 2003

Peterson provides the best and most detailed overview of the early years of the planning movement, which saw Progressive activists, public-health advocates, and business interests unite in the cause of more livable cities.

The Devil in the White City (Murder, Magic, and Madness at the Fair that Changed America) by Erik Larson, 2004

The book brings alive the history of early planners, including Daniel Burnham and Frederick Law Olmstead, for a general audience. He draws attention to work many still know nothing about. In vivid -- and sometimes graphic detail -- Larson paints a poignant and convincing story of the obstacles planners and architects face when approaching mammoth projects - not least of which, a world's fair.

The High Cost of Free Parking by Donald C. Shoup, 2005

Donald Shoup set the world of traffic management on its ear with his impassioned and through demolition of decades of conventional wisdom. By demonstrating the direct, indirect, social, and intangible costs of easily available parking, Shoup set the state for municipalities to change their codes and mind-sets to create parking management systems that put cars second and instead support the creation of complete streets, safe streetscapes, and healthier downtowns.

Urban Transit (Operations, Planning, and Economics) by Vukan R. Vuchic, 2005

This comprehensive work covers the full range of issues involved in the operation, planning, and financing of transit systems. Vuchic presents both theoretical concepts and practical, real world methodologies for managing and improving transit planning.

Planning and Urban Design Standards by William R. Klein, Executive Ed., 2006

The most comprehensive reference book on urban planning, design, and development available today. The book comprises contributions from more than 200 renowned professionals and provides in-depth information on the tools and techniques used to achieve planning and design outcomes, including economic analysis, mapping, visualization, legal foundations, and real estate developments.

Ordinance of 1785

Provided for the rectangular land survey of the Old Northwest. The rectangular survey has been called "the largest single act of national planning in our history and...the most significant in terms of continuing impact on the body politic".

Alexander Hamilton

In 1791, Alexander Hamilton argues for protective tariffs for manufacturing industry as a means of promoting industrial development in the young republic. Economic Development Landmark Publication.

Henry Clay

In 1818, in a speech before Congress, Henry Clay proposed a plan called the American System to allocate federal funds to promote the development of the national economy by combining tariffs with internal improvements, such as roads, canals and other waterways. Economic Development.

Erie Canal

Completed in 1825, this artificial waterway connected the northeastern states with the newly settled areas of what was then the West, facilitating the economic development of both regions.

The National Road

Terminates in 1839 in Vadalia, Illinois. Begun in 1811 in Cumberland, Maryland, it helps open the Ohio Valley to settlers.

The First "model tenement"

Built in Manhattan in 1855.

Homestead Act of 1862

Opened the lands of the Public Domain to settlers for a nominal fee and five years residence.

Morill Act, 1862

Congress authorizes land grants from the Public Domain to the states. Proceeds from the sale were to be used to found colleges offering instruction in agriculture, engineering, and other practical arts.

New York Council of Hygiene of the Citizens Association, 1864

Mounts a campaign to raise housing and sanitary standards.

Frederick Law Olmstead and Calvert Vaux, 1868

Began the planning of Riverside, Illinois, a planned suburban community stressing rural as opposed to urban amenitites.

Promontory Point, Utah, 1869

Where the Union Pacific and the Central Pacific railroads met on May 10 to complete the first transcontinental railroad.

John Wesley Powell, 1878

His Report on the Lands of the Arid Region of the United States is published. Includes a proposed regional plan that would both foster settlement of the arid west and conserve scarce water resources.

Henry George, 1879

Published Progress and Poverty. This book presents an argument for diminishing extremes of national wealth and poverty by means of a single tax on land that would capture the "unearned increment" of national development for public uses.

Dumbbell Tenement, 1879

Debut of the Dumbbell Tenement, so called because of its shape. A form of multifamily housing widely built in New York until the end of the century and notorious for the poor living conditions it imposed on its denizens (lack of light, air, space).

U.S. Geological Survey, 1879

Classification of all Public Domain lands.

George Pullman, 1880

Building of Pullman, Illinois, model industrial town.

Jacob Riis, 1890

Published How the Other Half Lives, a powerful stimulus to housing and neighborhood reform.

General Land Law Revision Act, 1891

Gave the President power to create forest preserves by proclamation.

Sierra Club, 1892

Founded to promote the protection and preservation of the natural environment. John Muir, Scottish-American naturalist, and a major figure in the history of American environmentalism, was the leading founder.

World's Columbian Exposition, Chicago, 1893

Commemorated the 400th anniversary of the discovery of the New World. A source of the City Beautiful Movement and of the urban planning profession.

U.S. v. Gettysburg Electric Railway Co., 1896

The first significant legal case concerning historic preservation. The U.S. Supreme Court rules that the acquisition of the national battlefield at Gettysburg served a valid public purpose.

Forest Management Act, 1897

Authorized some control by the Secretary of the Interior over the use and occupancy of the forest preserves.

Ebenezer Howard, 1898

Tomorrow: A Peaceful Path to Real Reform, by Ebenezer Howard, a source of the Garden City Movement. Reissued in 1902 as Garden Cities of Tomorrow.

Gifford Pinchot, 1898

Becomes Chief Forester of the United States in the Department of Agriculture. From this position he publicizes the cause of forest conservation.

New York State Tenement House Law, 1901

The legislative basis for the revision of city codes that outlawed tenements such as the "Dumbbell Tenement". Lawrence Veiller was the leading reformer.

Letchworth, 1903

Constructed as the First English Garden City and a stimulus to New Town movement in America (Greenbelt Towns, Columbia, etc.)

Public Lands Commission, 1903

Appointed by President Theodore Roosevelt, to propose rules for orderly land development and management.

Antiquities Act of 1906

First law to institute federal protection for preserving archaeological sites. Provided for designation as National Monuments areas already in the public domain that contained "historic landmarks, historic and prehistoric structures, and objects of historic or scientific interest."

New York Committee on the Congestion of Population, 1907

Founded in 1907 to foster movement, led by its secretary, Benjamin Marsh, to decentralize New York's densie population.

Inland Waterway Commission, 1907

President Roosevelt established to encourage multipurpose planning in waterway development; navigation, power, irrigation, flood control, water supply.

White House Conservation Conference, 1908

State governors, federal officials, and leading scientists assemble to deliberate about the conservation of natural resources.

First National Conference on City Planning

1909 in Washington, D.C.

Daniel Burnham's Plan of Chicago

Published in 1909 as the first metropolitan plan in the United States. (Key figures: Frederick A. Delano, Charles Wacker, Charles Dyer Norton)

Harvard College, 1909

Possibly the first course in city planning in this country is taught by James Sturgis Pray at the Harvard College Landscape Architecture Department.

Frederick Winslow Taylor, 1911

Published The Principles of Scientific Management, fountainhead of the efficiency movements in this country, including efficiency in city government.

Walter D. Moody, 1912

Moody's "Wacker's Manual of the Plan of Chicago" is adopted as an eight-grade textbook on city planning by the Chicago Board of Education. Possibly the first formal instruction in city planning below the college level.

University of Illinois, 1913

A chair in Civic Design, first of its kind in the U.S. is created in the University of Illinois's Department of Horticulture for Charles Mulford Robinson, one of the principal promoters of the World's Columbian Exposition.

First major textbook on city planning.

Flavel Shurtleff, Carrying Out the City Plan, 1914.

Panama Canal

Completed in 1914 and opened to world commerce.

Harland Bartholomew, 1914

Eventually the country's best known planning consultant, becomes the first full-time employee in Newark, New Jersey, of a city planning commission.

Cities in Evolution, 1915

Published by Patrick Geddes, "father of regional planning" and mentor of Lewis Mumford.

Nelson P. Lewis, 1916

Published Planning of the Modern City

Nation's first comprehensive zoning resolution

Adopted in 1916 by New York City Board of Estimates under the leadership of George McAneny and Edward Bassess, known as the "father of zoning".

National Park Service, 1916

Established with the sole responsibility for conserving and preserving resources of special value.

American City Planning Institute, 1917

Frederick Law Olmsted, Jr. becomes first president of the newly founded American City Planning Institute, forerunner of American Institute of Planners and American Institute of Certified Planners.

U.S. Housing Corporation and Emergency Fleet Corporation established.

1918. Influenced later endeavors in public housing. Operated at major shipping centers to provide housing for World War I workers.

Boston Metropolitan District Commission, 1919

Formed through a combination of three early unifunctional regional authorities - the Metropolitan Sewerage Commission, the Metropolitan Water Board and the Metropolitan Park Commission.

the Vieux Carre Commission, 1921

Established in New Orleans as the first historic preservation commission in the U.S.

Los Angeles County Regional Planning Commission, 1919

First of its kind in the U.S. Hugh Pomeroy, head of staff.

Regional Plan of New York, 1922

Inauguration under Thomas Adams.

Mariemont, Ohio, 1923

Ground broken for construction in suburban Cincinnati. Mary Emery was its founder and benefactor; John Nolen, the planner. Some of its features (short blocks, mixture of rental and owner-occupied housing) foreshadow the contemporary New Urbanism movement.

Pennsylvania Coal Co. v. Mahon (1922)

The first decision to hold that a land use restriction constituted a taking. The U.S. Supreme Court (Justice Brandeis dissenting) noted "property may be regulated to a certain extent, but if regulation goes too far it will be recognized as a taking," thus acknowledging the principle of a "regulatory taking".

Standard State Zoning Enabling Act, 1924

Issued by U.S. Department of Commerce Secretary Herbert Hoover.

Sunnyside Gardens (1924-1928)

A planned neighborhood designed by Clarence Stein and Henry Wright, is built by City Housing Corporation under Alexander Bing in Queens, New York.

"Regional Plan" issue of Survey Graphic, 1925

Publication of influential essays on regional planning by Lewis Mumford and other members of the Regional Planning Association of America (e.g. Catherine Bauer).

First major American city to endorse a comprehensive plan.

Cincinnati, Ohio (Alfred Bettman, Ladislas Segoe), 1925

Ernest Burgess, 1925

Published the "Concentric Zone" model of urban structure and land use.

Ancestor of present-day Journal of the American Planning Association

April 1926, the American City Planning Institute and The National Conference on City Planning publish Vol. 1, No. 1 of City Planning.

Village of Euclid v. Ambler Realty (1926)

Constitutionality of zoning upheld by the U.S. Supreme Court. Case argued by Alfred Bettmand.

Standard City Planning Enabling Act, 1928

Issued by the U.S. Dept. of Commerce under Secretary Herbert Hoover.

Robert Murray Haig, 1928

Monograph "Major Economic Factors in Metropolitan Growth and Arrangement" is published in Volume I of The Regional Survey of New York and Its Environs. Viewed land use as a function of accessibility.

Radburn, New Jersey, 1928

Construction began. Planned community inspired by Howard's Garden City Concept and designed by Stein and Wright. A forerunner of the New Deal's Greenbelt towns.

Clarence Perry, 1929

Monograph on the Neighborhood Unit is published in Volume VII of The Regional Survey of New York and Its Environs.

First instance of rural zoning

Wisconsin law authorizing county boards to regulate, restrict and determine the areas within which agriculture, forestry and recreation may be conducted. 1929.

Stock Market Crash, October 1929

Ushers in Great Depression and fosters ideas of public planning on a national scale.


National Land Utilization Conference, Chicago 1931

Three hundred agricultural experts deliberate on rural recovery programs and natural resource conservation.

Federal Home Loan Bank System established, 1932

Established to shore up shaky home financing institutions.

Reconstruction Finance Corporation established, 1932

Established at the outset of the Great Depression to revive economic activity by extending financial aid to failing financial, industrial, and agricultural institutions.

FDR inaugurated, 1933

New deal begins with a spate of counter-depression measures.

Home Owners Loan Corporation established, 1933

Established to save homeowners facing loss through foreclosure.

The National Planning Board established, 1933

Established in the Interior Department to assist in the preparation of a comprehensive plan for public works under the direction of Frederick Delano, Charles Merriam, Wesley Mitchell, Its last successor agency, the National Resources Planning Board, was abolished in 1943.

Civilian Conservation Corps established, 1933

Established to provide work for unemployed youth and to conserve nation's natural resources.

Federal Emergency Relief Administration

Set up in 1933 under Harry Hopkins to organize relief work in urban and rural areas.

Tennessee Valley Authority created, 1933

Created to provide for unified and multipurpose rehabilitation and redevelopment of the Tennessee Valley, America's most famous experiment in river-basin planning. Senator George Norris of Nebraska fathered idea and David Lillienthal was its most effective implementer.

The Agricultural Adjustment Act, 1933

Passed to regulate agricultural trade practices, production, prices, supply areas (and therefore land use) as a recover measure.

American Society of Planning Officials founded, 1934

An organization for planners, planning commissioners and planning-related public officials.

National Housing Act of 1934

Established FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages.

Taylor Grazing Act, 1934

Purpose to regulate the use of the range in the West for conservation purposes.

National Planning Board, 1934

Published "Final Report" on its first year of existence. Includes a section entitled "A Plan for Planning" and an account of the "Historical Development of Planning in the United States." The latter views American planning history in the context of U.S. political and economic history.

Resettlement Administration, 1935

Established under Rexford Tugwell, Roosevelt "braintruster", to carry out experiments in land reform and population resettlement. This agency built the three Greenbelt towns (Greenbelt, Maryland; Greendale, Wisconsin; Greenhills, Ohio) forefunners of present day New Towns: Columbia, Maryland; Reston Virginia; etc.)

Regional Factors in National Planning, 1935

Publication date by the National Resources Committee, a landmark in regional planning literature.

Soil Conservation Act, 1935

Congress moves to make prevention of soil erosion a national responsibility.

The Historic Sites, Buildings and Antiquities Act, 1935

A predecessor of the National Historic Preservation Act, passed. Requires the Secretary of the Interior to identify, acquire, and restore qualifying historic sites and properties and calls upon federal agencies to consider preservation needs in their programs and plans.

Social Security Act, 1935

Passed to create a safety net for elderly. Frances Perkins, Secretary of Labor and first woman cabinet member, was a principal promoter.

Grand Coulee Dam

In 1935, Congress authorized construction of the dam in Central Washington state. Finished in 1941, it is the largest concrete structure in the U.S. and the heart of the Columbia Basin Project, a regional plan comparable in its scope to TVA. The project's purposes are irrigation, electric power generation and flood control in the Pacific Northwest.

Hoover Dam

Completed in 1936 on the Colorado River. Creates and sustains population growth and industrial development in Nevada, California, and Arizona.

Our Cities: Their Role in the National Economy, 1937

A landmark report by the Urbanism Committee of the National Resources Committee. Ladislas Segoe headed research staff.

U.S. Housing Act (Wagner-Steagall) of 1937

Set the stage for future government aid by appropriating $500 million in loans for low-cost housing. Tied slum clearance to public housing.

Farm Security Administration established, 1937

Successor to the Resettlement Administration and administrator of many programs to aid the rural poor.

American Institute of Planners, 1938

The planning field's professional organization, states as its purpose "the planning of the unified development of urban communities and their environs, and of states, regions and the nation, as expressed through determination of the comprehensive arrangement of land uses and land occupancy and the regulation thereof".

Homer Hoyt, 1939

Hoyt's influential "Sector Theory" of urban growth appears in his monograph, The Structure and Growth of Residential Neighborhoods in American Cities.

Green Book, 1941

Local Planning Administration, by Ladislas Segoe, first of "Green Book" series, appears.

Robert Walker, 1941

Walker's Planning Function in Urban Government published.

Bretton Woods (New Hampshire) Agreement, 1944

The U.S. and allies meet to establish the International Bank for Reconstruction and Development (World Bank).

Serviceman's Readjustment Act ("G.I. Bill"), 1944

Guaranteed loans for homes to veterans under favorable terms, thereby accelerating the growth of suburbs.

Housing and Home Financing Agency created, 1947

Predecessor of HUD created to coordinate federal government's various housing programs.

Park Forest, Illinois and Levittown, New York, 1947

Construction began.

Marshall Plan, 1947

Secretary George C. Marshall uses his Harvard College commencement address to propose the Marshall Plan for the reconstruction of postwar Europe.

Housing Act of 1949 (Wagner-Ellender-Taft Bill)
First U.S. comprehensive housing legislation. Aimed to construct about 800,000 units. Inaugurated urban redevelopment programs.

The National Trust for Historic Preservation, 1949

Created and chartered by Congress.

Berman v. Parker (1954)

U.S. Supreme Court upholds right of Washington, D.C. Redevelopment Land Agency to condemn propertied that are unsightly, though non-deteriorated, if required to achieve objectives of duly established area redevelopment plan.

Brown v. Board of Education (Topeka Kansas) (1954)

Supreme Court upholds school integration.

Housing Act of 1954

Stressed slum prevention and urban renewal rather than slum clearance and urban redevelopment as in the 1949 act. Also stimulated general planning for cities under 25,000 population by providing funds under Section 701 of the act. "701 funding" later extended by legislative amendments to foster statewide, interstate, and substate regional planning.

The Council of Government movement

Begins in 1954 in the Detroit area with the formation of a Supervisors' Inter-County Committee composed of the representatives of each county in southeastern Michigan for the purpose of confronting areawide problems. It soon spreads nationwide.

Federal Aid Highway Act, 1956

Created interstate highway system linking all state capitals and most cities of 50,000 population or more.

F. Stuart Chapin, 1957

Published Urban Land Use Planning.

Education for Planning, 1957

A seminal, book-length inquiry by Harvey S. Perloff into the "appropriate intellectual, practical and philosophical basis for the education of city and regional planners"

A "Multiple Land Use Classification System (A. Guttenberg), 1959

Published in Journal of American Institute of Planners. The first approach to the definition of land-use classifications in multidimensional terms.

Advisory Commission on Intergovernmental Relations (ACIR), 1959

Established by Congress with members from various branches of government. Serves primarily as a research agency and think tank in area of intergovernmental relations.

The American Collegiate Schools of Planning (ASCP)

Established in 1959 when a few department heads of planning schools get together at the annual ASIP conference to confer on common problems and interests regarding the education of planners.

St. Lawrence Seaway

Completed in 1959. This joint U.S.-Canada project created, in effect, a fourth North American seacoast, opening the American heartland to sea-going vessels.

Image of the City by Kevin Lynch, 1960

Defines basic elements of city's "imageability" (paths, edges, nodes, etc.)

The Death and Life of Great American Cities, by Jane Jacobs, 1961

Includes a critique of planning and planners.

And on the Eighth Day, by Richard Hedman and Fred Bair, 1961

A hilarious book of cartoons poking fun at the planning profession by two of our own.

Hawaii, 1961

Becomes the first state to institute statewide zoning.

Delaware River Basin Commission, 1961

representing the states of New York, New Jersey and Pennsylvania is created to foster joint management of the river's water resources.

Urban Growth Simulation Model, 1962

Emerges in the Penn-Jersey Transportation Study.

Article "A Choice Theory of Planning", 1962

Article in AIP Journal by Paul Davidoff and Thomas Reiner, lays basis for advocacy planning concept.

Silent Spring by Rachel Carson, 1962

Wakes the nation to the deleterious effects of pesticides on animal, plant and human life.

Virginia's first residential planned community zone, 1962

Established by the Fairfax County Board of Supervisors, clearing the way for the creation of Reston, a full-scale, self-contained New Town 18 miles from Washington, D.C.

Columbia, Maryland, 1963

A New Town situated about halfway between Washington and Baltimore, featuring some class integration and the neighborhood principle.

T.J. Kent, 1964

Publishes The Urban General Plan.

Civil Rights Act of 1964

Outlaws discrimination based on race, creed, and national origin in places of public accommodation.

The Federal Bulldozer by Martin Anderson, 1964

Indicts then-current urban renewal program as counterproductive to its professed aims of increased low - and middle- income housing supply. With Herbert Gans's The Urban Villagers (1962), a study of the consequences for community life in a Boston West End Italian-American community, contributes to a change in urban policy.

Lyndon Johnson, War on Poverty, 1964

In a commencement speech at the University of Michigan, President Lyndon Johnson declares war on poverty and urges congressional authorization of many remedial programs, plus the establishment of a cabinet-level Department of Housing and Community Development.

Super-Regional Mall

Similar in concept to regional malls, but offering more variety and assortment.


3+ Anchors


Avg. Size: 1.3 million Sq. Ft.; 60-120 acres


Type of Anchors: Full-time or junior department store, mass merchant, discount store and/or fashion apparel store.



Trade Area Size: 5-25 miles

Regional Mall

General merchandise or fashion-oriented offerings. Typically, enclosed with inward-facing stores connected by a common walkway. Parking surrounds the outside perimeter.



40-80 stores with 2+ anchors



Avg. Size: 590,000 sq,.ft.; 40-100 acres



Type of Anchors: Full-line or junior department store, mass merchant, discount department store and/or fashion apparel store.



Trade area: 5-15 miles

Community Center ("Large Neighborhood Center")

General merchandise or convenience oriented offerings. Wider range of apparel and other soft goods offerings than neighborhood centers. The center is usually configured in a straight line as a strip, or may be laid out in an L or U shape, depending on the site and design.



15-40 stores with 2+ anchors; 10-40 acres



Avg. Size: 200,000 sq. ft.



Trade area size: 3-6 miles



Typical Anchors: Discount store, supermarket, drug, large-specialty discount (toys, books, electronics, home improvement/furnishings pr sporting goods, etc.)



Neighborhood Center

Convenience oriented.



Avg. Size: 72,000 Sq. Ft.; 3-5 acres



5-20 stores with 1+ anchors



Typical anchor: Supermarket



Trade area: 3 miles

Strip/Convenience

Attached row of stores or service outlets managed as a coherent retail entity, with on-site parking usually located in front of the stores. Open canopies may connect the store fronts, but a strip center does not have enclosed walkways linking the stores. A strip center may be configured in a straight line, or have an "L" or "U" shape. A convenience center is among the smallest of the centers, whose tenants provide a narrow mix of goods and personal services to a very limited trade area.



Avg. sq. ft.: 13,000 sq. ft.; less than 3 acres



Anchorless or a small convenience store anchor.



Typical Anchor type: Convenience store, such as a mini-mart.



Trade area: less than 1 mile

Power Center

Category-dominant anchors, including discount department stores, off-price stores, wholesale clubs, with only a few small tenants.



Avg. Size: 409,000sq. ft.; 25-80 acres



3+ anchors



Typical Anchors: "Category killers", such as home improvement, discount department, warehouse club and off-price stores.



Trade Area: 5-10 miles

Lifestyle Center

Upscale national-chain specialty stores with dining and entertainment in an outdoor setting.



Avg. Size: 320,000 sq. ft.; 10-40 acres



0-2 anchors



Typical Anchors: Large format upscale specialty



Trade area: 8-12 miles

Factory Outlet

Manufacturers' and retailers' outlet stores selling brand-name goods at a discount.



Avg. Size: 225,000 sq. ft.; 10-50 acres



Typical Anchors: Manufacturers' and retailers' outlets



Trade area: 25-75 miles


Theme/Festival centers

Leisure, tourist, retail and service-oriented offerings with entertainment as a unifying theme. Often located in urban areas, they may be adapted from older, sometimes historic-buildings and can be part of a mixed-use project.



Avg. Size: 147,000 sq. ft.; 5-20 acres



Typical Anchors: Restaurants, entertainment



Trade area: 25-75 miles

Office space/building classifications

Office space is grouped into three classes in accordance with one of two alternative bases: metropolitan and international. These classes represent at subjective quality rating of buildings which indicates the competitive ability of each building to attract similar types of tenants.



A combination of factors including rent, building finishes, system standards and efficiency, building amenities, location/accessibility and market perception are used as relative measures.



The metropolitan base is for use within an office space market and the international base is for use primarily by investors among many metropolitan markets.

Metropolitan Base Definitions of Office Space

Class A


Most prestigious buildings competing for premier office users with rents above average for the area. Buildings have high quality standard finishes, state of art systems, exceptional accessibility and a definite market presence.



Class B


Buildings competing for a wide range of users with tenants in the average range for the area. Building finishes are fair to good for the area. Building finishes are fair to good for the area and systems are adequate, but the building does not compete with Class A at the same price.



Class C


Buildings competing for tenants requiring functional space at rents below the average for the area.


Adequate Public Facilities Ordinance (APFO)

Allows local governments to deny or delay new developments if the existing government services (water, sewer, roads, schools, fire and police) cannot support it. The APFO ensures that new development does not negatively impact a community's quality of life by overburdening public services. Instead, the APFO places this burden on developers to ensure that there will be adequate services for the proposed developments.

Big Box retail

Generally has 50,000 or more square feet in a large box.

Brownfield

An environmentally contaminated site. Often called superfund sites.

Superfund

The common name for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). There are more than 1,200 superfund sites across the U.S.



A tax on the petroleum and chemical industries provide funding to help pay for the cleanup of superfund sites.

Concentrated animal feeding operations

Includes the practice of raising farm animals indoors and in high volumes.



Local governments may be limited in their ability to regulate concentrated animal feeding operations because of the Right-to-Farm Acts, which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations.

Context-Sensitive Design (CSD)

Refers to roadway standards and development practices that are flexible and sensitive to community values. The CSD allows design decisions to better balance economic, social and environmental objectives within the community.



It promotes several key principles:


1. Balance safety, community, and environmental goals in all projects;


2. Involve the public and affected agencies early and continuously;


3. Use an interdisciplinary team tailored to project needs;


4. Apply flexibility inherent in design standards;


5. Incorporate aesthetics as an integral part of good design.

Daylighting

The practice of placing windows, or other transparent media, and reflective surfaces so that natural light provides effective internal illumination during the day. Daylighting is also used to describe the conversion of an enclosed drainage system to a more open and natural system.

Edge City

Describes a relatively new concentration of business, shopping and entertainment outside a traditional urban area in what had recently been a suburb or rural community.



The term was popularized in a 1991 book by Joel Garreau. Garreau argues that the edge city has become the standard form of urban growth worldwide, representing the current urban form.



Garreau's 5 rules for a place to be considered an "edge city":


1. It must have more than five million square feet of office space to accommodate between 20,000 to 50,000 office workers (as many as some traditional downtowns);


2. It must have more than 600,000 square feet of retail space, the size of a medium shopping mall. This ensures that the edge city is a center of recreation and commerce as well as office work;


3. It must be characterized by more jobs than bedrooms;


4. It must be perceived by the population as one place;


5. It must have been nothing like a city 30 years earlier.

E-Governance

The use of information communication technology (ICT) to exchange information and services with citizens, businesses, and other government agencies. Examples of these technologies include on-line GIS systems, discussion forums, and e-commerce.

Form-based Code

A means of regulating development to achieve a specific urban form. Form-based codes create a predictable public realm by controlling physical form primarily through local government zoning regulations with a lesser focus on land use.



Form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relationship to one another, and the scale and types of streets and blocks.



The regulations and standards in form-based codes, presented in both diagrams and words, are keyed to a regulating plan that designates the appropriate form and scale (and therefore, character) of development rather than only distinctions in land-use types. This is in contrast to conventional zoning's focus on land use. In simple terms, the conventional zoning code focuses on use over form whereas form-based codes focus on form over use.

Green infrastructure

A concept originating in the U.S. in the mid-1900s that highlights the importance of the natural environment in decisions about land use planning. Green infrastructure emphasizes the importance of the natural environment in providing clean water, shade, etc. Through careful planning, mechanisms are put in place to safeguard critical green infrastructure.

Growing Smart

A legislative guidebook that focuses on updating state legislation to encourage better planning and zoning laws.

Jobs-housing balance

A concept that communities should have an appropriate balance of housing and jobs. To support the jobs in the community, there should be a mix of housing types and there should be jobs for the community's residents. This moves away from the bedroom communities in the suburbs and replaces them with complete communities.

Maximum parking standards

An alternative to the conventional minimum parking standards that most communities have. Maximum parking standards cap the amount of parking that nay user can provide. This addresses the problem of overparking sites and providing excessive impervious cover.

McMansion

A term that describes large houses that are mass produced and have perceived negative impacts on the community. McMansion subdivsions have been developed by major home builders. McMansions can also be found as part of the infill development where the house is much larger than the surrounding homes and takes up most of the lot.



Another term, Parachute Home, describes the scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood's character.

New Urbanism

Promotes compact, walkable neighborhoods. Its principles are defined in the Charter of the New Urbanism, which was adopted by the Congress for New Urbanism. These principles apply at regional, local, and neighborhood levels.



At the neighborhood level, New Urbanism promotes mixed income, walkable neighborhoods with a variety of architectural styles. The neighborhood should be well-defined with an edge and a center. It should include public green spaces. People should be able to access shopping, work, and school within a five-minute walk, or at least be able to access transit within a five-minute walk.



The Congress for New Urbanism

Smart Growth

A term that is used to describe planning for greater sustainability. The Smart Growth Network has established 10 principles for Smart Growth:


1. Create a range of housing opportunities and choices;


2. Create walkable neighborhoods;


3. Encourage community and stakeholder collaboration;


4. Foster distinctive, attractive places with a strong sense of place;


5. Make development decisions predictable, fair, and cost effective;


6. Mix land uses;


7. Preserve open space, farmland, natural beauty, and critical environmental areas;


8. Provide a variety of transportation choices;


9. Strengthen and direct development towards existing communities;


10. Take advantage of compact building design.

Sustainable development

Defined as balancing the fulfillment of human needs with the protection of the natural environment so that the present and future population's needs can be met. Sustainability includes environmental, social, and economic components.


Teardown

A term that refers to the demolition of a home for the purposes of building a larger home on the same lot. This type of development frequently occurs in large cities and in neighborhoods convenient to employment centers.

Traffic calming

A set of strategies used by planners to slow down or reduce traffic, resulting in increased safety for bicyclists and pedestrians.

Transect

A term that refers to development on a rural to urban continuum. This concept is used in New Urbanist planning practices.

Transit-oriented development (TOD)

A mixed-use development designed to maximize access to public transportation. This type of development typically has a light rail, bus, or other types of transit station located at the center.

Workforce housing

A term that refers to affordable housing. It ensures that teachers, nurses, police officers, and others can afford housing in the community. The term has much less social stigma than affordable housing.

William Penn, 1682

Laid out the City of Philadelphia in a grid pattern with five public squares to serve the populace in his "holy experiment".

White House Conference on Natural Beauty, 1965

Convened, owing much to the interest and advocacy of the First Lady, Lady Bird Johnson.

Robert Weaver, 1965

Housing and urban policy achieve cabinet status when the Housing and Home Finance Agency is succeeded by the Department of Housing and Urban Development. Robert Weaver becomes HUD's first Secretary and nation's first African-American cabinet member.

Water Resources Management Act, 1965

Passed by Congress authorizing Federal-Multistate river basin commissions.

Public Work and Economic Development Act, 1965

This act establishes the Economic Development Administration to extend coordinated, multifaceted aid to lagging regions and foster their redevelopment.

The Appalachian Regional Planning Act, 1965

Established a region comprising all of West Virginia and parts of 12 other states, plus a planning commission with the power to frame plans and allocate resources.

"The Making of Urban America" by John Reps, 1965

The first comprehensive history of American urban planning beginning with colonial times.

The Demonstration Cities and Metropolitan Development Act, 1966

Launched the "model cities" program, an interdisciplinary attack on urban blight and poverty. A centerpiece of President Lyndon Johnson's "Great Society" program.

"With Heritage So Rich", 1966

A seminal historic preservation book.

National Historic Preservation Act, 1966

Established the National Register of Historic Places and provides, through its Section 106, for the protection of preservation-worthy sites and properties threatened by federal activities. This act also creates the national Advisory Council on Historic Preservation and directs that each state appoint a State Historic Preservation Officer (SHPO).

Section 4(f) of the Dept. of Transportation Act, 1966

Provides protection to parkland, wildlife refuges, and other preservation-worthy resources in building national roads. Unlike parkland and wildlife refuges, however, privately owned historic sites as well as those in public ownership are protected by Section 4(f).

50th Anniversary of Planning Profession, 1967

The planning profession reaches its 50th anniversary with a celebratory conference in Washington, D.C. Many of the earliest practitioners and founders of the profession attend together with eminent leaders of other professions.

The (Louis B.) Wetmore Amendment

Drops the final phrase in the 1938 AIP declaration of purpose which tied it to the comprehensive arrangement and regulation of land use. The effect is to broaden the scope and membership of the profession by including "social planners" as well as "physical planners".

Circular A-95, 1968

To implement Intergovernmental Relations Act of 1968 the Office of Management and Budget issued Circular A-95 requiring state and substate regional clearinghouses to review and comment on federally assisted projects to facilitate coordination among the three levels of government.

Design with Nature, by Ian McHarg, 1969

Ties planning to the natural environment.

National Environmental Policy Act (NEPA), 1969

Requires an "environmental impact statement" for every federal or federally aided state or local major action that might significantly harm the environment.

"American City Planning Since 1890" by Mel Scott, 1969

Reissued in 1995 by the American Planning Association.

January 1, 1970

First "Earth Day"

EPA, 1970

The federal Environment Protection Agency (EPA) established to administer main provisions of the Clean Air Act (1970).

Miami Valley (Ohio) Regional Planning Commission Housing Plan, 1970

Adopted as the first such plan in the nation to allocate low- and moderate-income housing on a "fair share" basis.

Telecommuting

Allows people to work from their homes and use their electronic devices to complete their work.

Code of Ethics, 1971

AIP adopts a Code of Ethics for professional planners.

Coastal Zone Management Act, 1972

Adopted.

U.S. State and Local Fiscal Assistance Act, 1972

General revenue sharing inaugurated.

Golden v. Planning Board of Ramapo (1972)

New York high court allows the use of performance criteria as a means of slowing community growth.

St. Louis, 1972

Demolition of St. Louis's notorious Pruitt-Igoe Project symbolizes a nationwide move away from massive, isolating, high-rise structures to a more humane form of public housing architecture: low-rise, less isolated, dispersed.

Endangered Species Act, 1973

Authorized Federal assistance o state and local jurisdictions to establish conservation programs for endangered plant and animal species.

The Housing and Community Development Act, 1974

Replaces the categorical grant with the block grant as the principal form of federal aid for local community development.

Cleveland Policy Plan Report, 1975

Shifts emphasis from traditional land-use planning to advocacy planning.

Historic Preservation Fund, 1976

Established

AIP Exam, 1977

First exam for AIP membership conducted.

Penn Central Transportation Co. v. City of New York, (1978)

U.S. Supreme Court upholds New York City's Landmark Preservation Law as applied to Grand Central Terminal. In this landmark decision, the Court found that barring some development of air rights was not a taking when the interior of the property could be put to lucrative use.

American Planning Association, 1978

American Institute of Planners (AIP) and American Society of Planning Officials (ASPO) merge to become American Planning Association (APA)

"Reagan Revolution", 1980

Begins. Planning profession challenged to adapt to a new (counter-New Deal) policy environment: reduced federal domestic spending, privatization, deregulation, etc. Phase-out of some earlier aids to planning (e.g. sewer grants) and planning programs (e.g. "Title V Regions").

Superfund Bill, 1980

Passed by Congress. The Comprehensive Response, Compensation and Liability Act. Creates liability for persons discharging hazardous waste into the environment. Taxes polluting industries to establish a trust fund for the cleanup of polluted sites in cases where individual responsibility is not ascertainable.

The Associated Collegiate Schools of Planning (ACSP), 1980

Established to represent the academic branch of the planning profession.

ACSP first publication, 1981

ACSP issues Volume 1, Number 1 of The Journal of Education and Planning Research.

Mt. Laurel, 1983

In a case focusing on Mt. Laurel, New Jersey, the New Jersey Supreme Court rules that all 567 municipalities in the state must build their "fair share" of affordable housing. A precedent-setting blow against racial segregation.

Seaside, Florida, 1984

Construction begins. One of the earliest examples of the New Urbanism. Andres Duany and Elizabeth Plater-Zybeerk. Unlike most earlier planned communities, the New Urbanism emphasizes urban features --compactness, walkability, mixed-use--and promotes a nostalgic architectural style reminiscent of the traditional urban neighborhood. The movement has links to the anti-sprawl, smart growth movement.

The First National Conference on American Planning History, 1986

Convened in Columbus, Ohio and leads to the founding of the Society of American City and Regional Planning History (SACRPH) the following year.

First English Evangelical Lutheran Church v. County of Los Angeles, (1987)

U.S. Supreme Court finds that even a temporary taking requires compensation. In Nollan v. California Coastal Commission, it finds that land-use restrictions, to be valid, must be tied directly to a specific public purpose.

The Planning Accreditation Board (PAB), 1989

The PAB is recognized by the Washington-based Council on Post Secondary Education to be the sole accrediting agency in the field of professional planning education.

ISTEA, 1991

Passage of Intermodal Surface Transportation Efficiency Act (ISTEA) includes provisions for a National Scenic Byways Program and for transportation enhancements, each of which includes a historic preservation component.

Lucas v. South Carolina Coastal Council, (1992)

The U.S. Supreme Court limits local and state governments' ability to restrict private property without compensation.

Enterprise Zone/Empowerment Community (EZ/EC), 1993

Signed into law. Aims tax incentives, wage tax credits, special deductions, and low-interest financing to a limited number of impoverished urban and rural communities to jumpstart their economic and social recovery.

Dolan v. City of Tigard (1994)

The U.S. Supreme Court rules that a jurisdiction must show that there is a "rough proportionality" between the adverse impacts of a proposed development and the exactions it wishes to impose on the developer.

NAFTA, 1994

North American Free Trade Agreement (NAFTA) among U.S., Canada and Mexico begins on January 1, its purpose to foster trade and investment among the three nations by removing or lowering non-tariff as well as tariff barriers.

FAICP, 1999
American Institute of Certified Planners inaugurates a College of Fellows to recognize distinguished individual contributions by longer term AICP members.

National Monuments, 2000

President Clinton creates 8 new national monuments in 5 western states: Canyons of the Ancients (Colorado); Cascade-Siskiyou (Oregon); Hanford Reach (Washington); Ironwood Forest, Grand Canyon-Parashant, Agua Fria (Arizona); Grand Sequoia, California Coastal (California). He also expanded one existing national monument in California (Pinnacles).

9/11/2001

The New York World Trade Center and the Pentagon are attacked by terrorists, causing many to rethink security measures, including design changes to protect the public from the future attacks. Ornamental bollards, large planters, and retractable barricades are installed around many public buildings nationwide.

Sierra v. Tahoe (2002)

The U.S. Supreme Court rules that a temporary building moratorium for the purpose of conducting planning studies to protect the public health, safety, welfare, and morals is a legitimate use of police power and does not constitute a taking of any kind.

Hurricanes, 2004-2005

Seven major hurricanes impact the southeastern U.S. during the busiest hurricane seasons on record to date, leaving billions of dollars of damage and hundreds of lost lives in their wake. This prompts a comprehensive review of emergency preparedness, floodplain and coastal development, and security issues.

Kelo v. City of New Haven (2005)

The U.S. Supreme Court upholds the decades-old practice of utilizing urban redevelopment and eminent domain for economic development purposes when such actions are backed by a redevelopment plan that underwent a full plan development process.

U.S. Supreme Court Decisions, 2005

In other decisions, the US Supreme Court held that a taking dispute that is resolved at the state level cannot be relitigated at the federal level (San Remo Hotel v. San Francisco), and overturned the "substantial advancement" test established in Agins.

Petroleum, 2006

The fluctuation in petroleum prices caused by the War on Terror, the hurricanes of 2005, and other factors start a debate on the sustainability of a petroleum-based society/lifestyle, and serious discussions on renewable resources.

Ordinance of 1785

Provided for the rectangular land survey of the Old Northwest. The rectangular survey has been called the largest single act of national planning in our history and the most significant in terms of continuing impact on the body politic.

Homestead Act, 1862


Morrill Act, 1862

Homestead Act: opened the lands of the Public Domain to settlers for a nominal fee and five years residence.



Morrill Act: Congress authorizes land grants from the Public Domain to the states. Proceeds from the sale were to be used to found colleges offering instruction in agriculture, engineering, and other practical arts.

Mugler v. Kansas (1887)


Facts of the Case


A Kansas law prohibited the manufacture or sale of intoxicating liquor. Mugler was arrested for making and selling beer. This case was decided together with Kansas v. Ziebold.



Question


Does the Kansas law violate the Due Process Clause of the Fourteenth Amendment?



Conclusion


According to Harlan, the Kansas prohibition does not infringe on Fourteenth Amendment rights. Though Mugler has an abstract right to make liquor for his own use, such a right could be conditioned on its effect on others. Here the state legislature may exercise its police powers.



The US Supreme Court ruled that the courts have the duty to strike down local laws that do not have a real or substantial relation to the police power: to protect the health, safety, welfare, and morals of he community.

General Land Law Revision Act, 1891

Gave President power to create forest preserves by proclamation.

United States v. Gettysburg Electric Railway (1896)

The first significant legal case concerning historic preservation. The US Supreme Court rules that the acquisition of the national battlefield at Gettysburg served a valid public purpose.

Forest Management Act, 1897

Authorized some control by the Secretary of the Interior over the use and occupancy of the forest preserves.

New York State Tenement House Law, 1901

The legislative basis for the revision of city codes that outlawed tenements such as the "Dumbbell Tenement". Lawrence Veiller was the leading reformer.

U.S. Reclamation Act, 1902

Created fund from sale of public land in the arid states to supply water there through the construction of water storage and irrigation works.

Public Lands Commission, 1903

Appointed by President Theodore Roosevelt to propose rules for orderly land development and management.

Antiquities Act of 1906

First law to institute federal protection for preserving archaeological sites. Provided for designation as National Monuments areas already in the public domain that contained "historic landmarks, historic and prehistoric structures, and objects of historic or scientific interest."

Inland Waterway Commission, 1907

President Roosevelt establishes the Inland Waterway Commission to encourage multipurpose planning in waterway development: navigation, power, irrigation, flood control, water supply.

Welch v. Swasey (1909)

The US Supreme Court upholds municipal regulation of building heights. This validated the use of construction standards to uphold public safety.

Hadachek v. Sebastian (1915)

The US Supreme Court upheld a municipal regulation that governed the placement of land uses.

Nation's First Comprehensive Zoning Resolution, 1916

Adopted by New York City Board of Estimates under the leadership of George McAneny and Edward Bassett, known as the "Father of Zoning".

National Park Service, 1916

Established with sole responsibility for conserving and preserving resources of special value.

U.S. Housing Corporation and Emergency Fleet Corporation Established, 1918

Influenced later endeavors in public housing. Operated at major shipping centers to provide housing for WWI workers.

Pennsylvania Coal Co. v. Mahon (1922)

Facts of the Case


Pennsylvania Coal Co. entered an agreement with H.J. Mahon in 1878 to gain full rights to mine the coal located beneath his surface-level property. However in 1921 the state of Pennsylvania passed the Kohler Act, which prohibited miners from extracting below-surface coal that supported surface- level buildings. When Pennsylvania Coal notified Mahon that it would mine coal beneath his property, Mahon filed suit in the Court of Common Pleas to prohibit mining in accordance with the Kohler Act. The court denied his suit but the Supreme Court of Pennsylvania reversed and allowed the ban on mining. Pennsylvania Coal contended that the Takings Clause of the Fifth Amendment protected its contractual rights to the coal.



Question


Did the Kohler Act restrict coal mining to an extent that violated the Takings Clause of the Fifth Amendment by depriving mine owners of coal without compensation?



Conclusion


Yes. Justice Oliver Wendell Holmes delivered the opinion for an 8-1 court. The Court ruled that the Kohler Act violated the Takings Clause of the Fifth Amendment. The state exceeded its police powers by significantly diminishing the value of the land estates without having a strong public interest reason to do so. The Court reasoned that " property may be regulated to a certain extent but if regulation goes too far it will be recognized as a taking."



-------ESTABLISHED THE PRINCIPLE OF A "REGULATORY TAKING"





Standard State Zoning Enabling Act, 1924

Issued by the US Department of Commerce under Secretary Herbert Hoover.

Village of Euclid v. Ambler Realty (1926)

Facts of the Case


The Ambler Realty Company owned 68 acres of land in the village of Euclid, Ohio, a suburb of Cleveland. On November 13, 1922, the village council passed a zoning ordinance dividing the village into several districts. The ordinance defined the use and size of buildings permissible in each district. Ambler Realty's land spanned multiple districts, and the company was therefore significantly restricted in the types of buildings it could construct on the land. Ambler Realty filed suit against the village, claiming the ordinance violated the Fourteenth Amendment's protections of liberty and property described in the Due Process and Equal Protection clauses. A federal district court agreed and issued an injunction against enforcement of the ordinance.



Question


Did the village of Euclid's zoning ordinance violate Ambler Realty's rights to liberty and property under the Due Process and Equal Protection clauses of the Fourteenth Amendment?



Conclusion


No. In a 6-3 opinion authored by Justice George Sutherland, the US Supreme Court concluded that the speculative damages claimed by Ambler Realty were insufficient to invalidate an otherwise valid exercise of the village's police power.


Sutherland's opinion, after noting that several lower courts had upheld zoning laws, and that numerous investigations and studies had found the laws beneficial, stated that such facts "are sufficiently cogent to preclude us from saying…that such provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." Given the law's valid basis, the Court found that, although its enforcement may ultimately cause some degree of hardship to the company, it could not overturn the ordinance based solely on "the broad ground that the mere existence and threatened enforcement of the ordinance, by materially and adversely affecting values and curtailing the opportunities of the market, constitute a present and irreparable injury."



-----CONSTITUTIONALITY OF ZONING UPHELD BY US SUPREME COURT

Standard City Planning Enabling Act, 1928

Issued by the US Department of Commerce under Secretary Herbert Hoover.

Nectow v. City of Cambridge

The US Supreme Court struck down as unconstitutional a local zoning ordinance that was not reasonably tied to a valid public purpose under the police power.

First Instance of Rural Zoning, 1929

Wisconsin law, first instance of rural zoning, authorized county boards to regulate, restrict and determine the areas within which agriculture, forestry and recreation may be conducted.

Bove v. Donner-Hanna Coke Corp. (1932)

The court ruled that an owner cannot make use of his property if it creates a material annoyance to his neighbor or if his neighbor's property or life is materially lessened by the use.

Federal Emergency Relief Administration, 1933



Tennessee Valley Authority

Federal Emergency Relief Administration set up under Harry Hopkins to organize relief work in urban and rural areas.



Tennessee Valley Authority created to provide for unified and multipurpose rehabilitation and redevelopment of the Tennessee Valley, America's most famous experiment in river-basin planning. Senator George Norris of Nebraska fathered idea, and David Lilienthal was its most effective implementer.

National Housing Act, 1934



Taylor Grazing Act, 1934

National Housing Act established FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages.



Taylor Grazing Act passed, its purpose to regulate the use of the range in the West for conservation purposes.

Berman v. Parker (1954)

Facts of the Case


In 1945, Congress passed the District of Columbia Redevelopment Act, creating the District of Columbia Redevelopment Land Agency, whose purpose would be to identify and redevelop blighted areas of Washington, D.C. Congress gave the new agency the power of eminent domain – the ability to seize private property with just compensation. Berman and the other appellants owned a department store in one blighted area targeted by the commission and objected to the seizing of their property solely for beautification of the area. The landowners brought a civil suit in federal district court challenging the constitutionality of the Act. Their case was dismissed. They then appealed directly to the U.S. Supreme Court.



Question


Did the seizing of Berman and the other appellants' property for the purpose of beautification and redevelopment of the community violate the Takings Clause of the Fifth Amendment?



Conclusion


Decision: 8 votes for Parker, 0 vote(s) against
Legal provision: Takings Clause


No. In a unanimous opinion authored by Justice William O. Douglas, the Court found that the Fifth Amendment does not limit Congress' power to seize private property with just compensation to any specific purpose. The Court concluded that the power to determine what values to consider in seizing property for public welfare is Congress' alone. "If those who govern the District of Columbia decide that the Nation's Capital should be beautiful as well as sanitary, there is nothing in the Fifth Amendment that stands in the way."



--UPHOLDS RIGHT OF WASHINGTON DC REDEVELOPMENT LAND AGENCY TO CONDEMN PROPERTIES THAT ARE UNSIGHTLY, THOUGH NON-DETERIORATED, IF REQUIRED TO ACHIEVE OBJECTIVES OF DULY ESTABLISHED AREA REDEVELOPMENT PLAN.

Jones v. Mayer (1968)

The 8th Circuit rules that racial barriers cannot affect the acquisition of property.

James v. Valtierra (1971)

The US Supreme Court upheld an amendment to the California Constitution mandating a referendum on all housing projects because an intent to racially discriminate could not be found.

Calvert Cliffs Coordinating Committee v. US Atomic Energy Commission (1971)

The US Supreme Court found that an approval for a nuclear power plant was not properly granted because the requirements of the National Environmental Protection Act were not followed.


This decision solidified the place of NEPA in the development arena.

Golden v. Planning Board of Ramapo (1972)

New York high court allows the use of performance criteria as a means of slowing community growth.

Fasano v. Board of County Commissioners of Washington County (1973)

The Oregon Supreme Court rules that all zoning and rezoning must be consistent with applicable comprehensive plans.

Village of Belle Terre v. Borras (1974)

Due Process and Equal Protection



The US Supreme Court rules that limiting residents of housing units to no more than two unrelated individuals was a legitimate use of the police power, eliminating many fundamental civil rights challenges to local regulations and thus not unconstitutional.

Sonoma v. Petaluma (1975)

The US 4th Circuit finds that quotas on the annual number of building permits issued was a constitutional use of the police power.

Southern Burlington County NAACP v. Township of Mt. Laurel (1975) aka "Mt. Laurel I"

The New Jersey Supreme Court rules that the local zoning ordinance was unconstitutional where it conflicted with state defined fair housing practices.



Question of Equal Protection



New Jersey Constitution violated if "developing" community fails to accommodate a "fair share" of prospective regional housing needs of low- and moderate-income persons.

City of Eastlake v. Forest City Enterprises (1976)

The US Supreme Court rules that a mandate that all rezonings be subject to referendum is constitutional because no intent to discriminate could be found.

Young v. American Mini Theaters, Inc. (1976)

Facts of the Case


American Mini Theaters opened two theaters that showed adult movies in the city of Detroit. Two city ordinances enacted in 1972 prohibited the opening of adult theaters within 1,000 feet of other buildings with "regulated uses" or within 500 feet of any residential district. American Mini sued city officials challenging the ordinances on two grounds: that the ordinances imposed an undue burden on First Amendment rights and that ordinances violated the Fourteenth Amendment's Equal Protection Clause. A federal district court ruled in favor of the city, a decision that was reversed by the United States Court of Appeals for the Sixth Circuit. The appeals court concluded that the ordinances posed a prior restraint based on content and that the ordinances ran afoul of the Equal Protection Clause.



Question


(1): Did Detroit's 1972 ordinances violate the Due Process Clause of the Fourteenth Amendment?



(2): Did the ordinances qualify as a restriction on free speech in violation of the First Amendment?



No and no. In a 5-4 opinion, the court reversed the Sixth Circuit and held that Detroit's ordinances were reasonable, and although erotic material could not be completely suppressed, Detroit had adequate reasons to restrict the distribution of such material.



The Court upheld a zoning provision mandating the decentralization of sexually oriented businesses based on studies showing a detriment to society as a result of clustering.

Associated Home Builders of Greater East Bay v. City of Livermore (1976)

The California Supreme Court found that temporary moratoria on building permit issuance was constitutional.

Village of Arlington Heights v. Metropolitan Housing Development Corp. (1976)

Facts of the Case


The Metropolitan Housing Development Corp. (MHDC) contracted with the Village of Arlington Heights ("Arlington") to build racially integrated low- and moderate-income housing. When MHDC applied for the necessary zoning permits, authorizing a switch from a single- to a multiple-family classification, Arlington's planning commission denied the request. Acting on behalf of itself and several minority members, MHDC challenged Arlington's denial as racially discriminatory. On appeal from an adverse district court decision, the Court of Appeals reversed and the Supreme Court granted Arlington certiorari.



Question


Was Arlington Height's denial of a zoning request, necessary for the creation of low- and moderate-income housing, racially discriminatory in violation of the Fourteenth Amendment's Equal Protection Clause?



Perhaps. After finding that MHDC had proper federal standing, since it acted on behalf of black plaintiffs who stood to suffer direct and measurable injuries from Arlington's denial, the Court held that it failed to establish Arlington's racially discriminatory intent or purpose. While indicating that Arlington's zoning denial may result in a racially disproportionate impact, the evidence did not show that this was Arlington's deliberate intention. Accordingly, the Court reversed and remanded for further consideration.

Penn Central Transportation Co. v. City of New York (1978)

Facts of the Case


The New York City Landmarks Preservation Law of 1965 empowered the city to designate certain structures and neighborhoods as "landmarks" or "landmark sites." Penn Central, which owned the Grand Central Terminal (opened in 1913), was not allowed to construct a multistory office building above it.



Question


Did the restriction against Penn Central constitute a "taking" in violation of the Fifth and Fourteenth Amendments?



Legal provision: Takings Clause (Regulatory Takings)



No.



Held: The application of the Landmarks Law to the Terminal property does not constitute a "taking" of appellants' property within the meaning of the Fifth Amendment as made applicable to the States by the Fourteenth Amendment. Pp. 123-138.



(a) In a wide variety of contexts, the government may execute laws or programs that adversely affect recognized economic values without its action constituting a "taking," and, in instances such as zoning laws where a state tribunal has reasonably concluded that "the health, safety, morals, or general welfare" would be promoted by prohibiting particular contemplated uses of land, this Court has upheld land use regulations that destroyed or adversely affected real property interests. In many instances use restrictions that served a substantial public purpose have been upheld against "taking" challenges, e.g., Goldblatt v. Hempstead, 369 U.S. 590; Hadacheck v. Sebastian, 239 U.S. 394, though a state statute that substantially furthers important public policies may so frustrate distinct investment-backed expectations as to constitute a "taking," e.g., Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, and government acquisitions of resources to permit uniquely public functions constitute "takings," e.g., United States v. Causby, 328 U.S. 256. Pp. 123-128.



(b) In deciding whether particular governmental action has effected a "taking," the character of the action and nature and extent of the interference with property rights (here the city tax block designated as the "landmark site") are focused upon, rather than discrete segments thereof. Consequently, appellants cannot establish a "taking" simply by showing that they have been denied the ability to exploit the superjacent airspace, irrespective of the remainder of appellants' parcel. Pp. 130-131.



(c) Though diminution in property value alone, as may result from a zoning law, cannot establish a "taking," as appellants concede, they urge that the regulation of individual landmarks is different, because it applies only to selected properties. But it does not follow that landmark laws, which embody a comprehensive plan to preserve structures of historic or aesthetic interest, are discriminatory, like "reverse spot" zoning. Nor can it be successfully contended that designation of a landmark involves only a matter of taste, and therefore will inevitably [p106] lead to arbitrary results, for judicial review is available, and there is no reason to believe it will be less effective than would be so in the case of zoning or any other context. Pp. 131-133.



(d) That the Landmarks Law affects some landowners more severely than others does not, itself, result in "taking," for that is often the case with general welfare and zoning legislation. Nor, contrary to appellants' contention, are they solely burdened and unbenefited by the Landmarks Law, which has been extensively applied and was enacted on the basis of the legislative judgment that the preservation of landmarks benefits the citizenry both economically and by improving the overall quality of city life. Pp. 133-135.



(e) The Landmarks Law no more effects an appropriation of the airspace above the Terminal for governmental uses than would a zoning law appropriate property; it simply prohibits appellants or others from occupying certain features of that space while allowing appellants gainfully to use the remainder of the parcel. United States v. Causby, supra, distinguished. P. 135.



(f) The Landmarks Law, which does not interfere with the Terminal's present uses or prevent Penn Central from realizing a "reasonable return" on its investment, does not impose the drastic limitation on appellants' ability to use the air rights above the Terminal that appellants claim, for, on this record, there is no showing that a smaller, harmonizing structure would not be authorized. Moreover, the preexisting air rights are made transferable to other parcels in the vicinity of the Terminal, thus mitigating whatever financial burdens appellants have incurred. Pp. 135-137.

Hudson v. Public Service Commission, (1980)

Facts of the Case


The Public Service Commission of New York (PSC), in the interest of conserving energy, enacted a regulation that prohibited electric utilities from promoting electricity use. The PSC's regulation distinguished promotional advertising from informational advertising, which was permitted. Central Hudson Gas and Electric challenged the regulation in a New York State Supreme Court, which upheld the regulation. The Appellate Division of the New York State Supreme Court affirmed the decision, as did the New York Court of Appeals.



Question


Did the PSC's ban on advertising violate the freedom of speech protected by the First and Fourteenth Amendments?



Legal provision: Amendment 1: Speech, Press, and Assembly



Yes. In an 8-1 opinion, the Court overruled the Court of Appeals of New York and held that the New York's ban violated the right to commercial speech. Writing for the majority, Justice Lewis F. Powell cited the protections for "commercial speech from unwarranted governmental regulation" set forth in Virginia Pharmacy Board v. Virginia Citizens Consumer Council. The Court recognized New York's interest in promoting energy conservation and accepted that the PSC's regulation would directly further that interest. However, since the regulation restricted all promotional advertising regardless of its effect on electricity use, it violated the First and Fourteenth Amendment under First National Bank of Boston v. Bellotti.



For a regulation to survive, it must 1) advance a compelling state interest, 2) allow a reasonable alternative means of communication, 3) is as narrowly defined as possible, and 4) is a reasonable time, place, and manner restriction.

Agins v. City of Tiburon (1980)

Facts of the Case


California state law required the city to prepare a general plan governing both land use and the development of open space land.


After Agins acquired 5 acres (20,000 m2) of unimproved property zoned one house per acre, the city announced that it intended to acquire it, and issued bonds to finance the taking. It filed an eminent domain action, but on the eve of trial abandoned it. Instead, it amended the zoning ordinance placing the subject land in a zone that permitted construction of one to five homes, the exact number being discretionary with the city. The owners contended that the construction of one home was economically infeasible and that the city intended to convert their land into open space by preventing its development. They sued seeking just compensation for a regulatory taking.


The owners alleged that their land had greater value than other land in California because of its spectacular views of San Francisco Bay, and the rezoning prevented economically feasible development, thereby completely destroying its value, and thus effecting a taking without just compensation in violation of the Fifth and Fourteenth Amendments.



The complaint framed the question as whether a state court's decision to deny compensation for regulatory takings was constitutional, and whether a zoning ordinance that de facto forbade all development of their land effected a taking under the 5th and 14th Amendments. However, as noted, because the owners had not yet submitted a plan for development the court found that the issue of whether an as-applied taking occurred, was not yet ripe for decision. Therefore, the court was left only to answer the question of whether or not this zoning ordinance constituted a taking on its face.



Held


The Court held that zoning laws are constitutional when they bear a substantial relationship to the public welfare, and their enactment inflicts no extensive economic harm upon the landowner, the court upheld the Tiburon ordinance. The court made clear that a regulation that is not reasonably related to the police power and causes a property to lose all economic value constitutes a taking.

Metromedia v. City of San Diego (1981)

Facts of the Case


The city of San Diego banned most outdoor advertising display signs in order to improve the city's appearance and prevent dangerous distractions to motorists. Only "onsite" billboards with a message relating to the property they stood on would be permitted. Upon petition by a coalition of businesses owning advertising signs, a trial court ruled that the ban was an unconstitutional exercise of the city's police powers and hindered First Amendment rights of the businesses. The California Court of Appeals affirmed that the city had exceeded its police powers, but the California Supreme Court reversed this judgment.



Question


Does a city ban on "offsite" outdoor advertising signs violate First and Fourteenth Amendment provisions for free speech?



Yes. Justice Byron White wrote the opinion for a 6-3 court. The ban's exception allowing "onsite" advertising discriminated against noncommercial speech. It allowed businesses in commercial properties to interrupt city motorists so long as it was with their own messages yet barred noncommercial advertisers from causing the same level of interruption. The Court held that affording "a greater degree of protection to commercial than to noncommercial speech" reversed the long-standing Court precedent to show greater deference to noncommercial speech. Neither commercial nor non-commercial speech can be favored over the other.



The ordinance was overturned because it effectively banned non-commercial signs.

Loretto v. Teleprompter Manhattan CATV Corp. (1982)

Facts of the Case


A New York statute provides that a landlord must permit a cable television (CATV) company to install its CATV facilities upon his property and may not demand payment from the company in excess of the amount determined by a State Commission to be reasonable. Pursuant to the statute, the Commission ruled that a one-time $1 payment was a reasonable fee. After purchasing a five-story apartment building in New York City, appellant landlord discovered that appellee CATV companies had installed cables on the building, both "crossovers" for serving other buildings and "noncrossovers" for serving appellant's tenants. Appellant then brought a class action for damages and injunctive relief in a New York state court, alleging, inter alia, that installation of the cables insofar as appellee companies relied on the New York statute constituted a taking without just compensation.



Held: YES, the New York statute was a taking of a portion of appellant's property for which she is entitled to just compensation under the Fifth Amendment, as made applicable to the States by the Fourteenth Amendment.



A physical invasion of a property is a taking.



To the extent that the government permanently occupies physical property, it effectively destroys the owner's rights to possess, use, and dispose of the property. Moreover, the owner suffers a special kind of injury when a stranger invades and occupies the owner's property. Such an invasion is qualitatively more severe than a regulation of the use of property, since the owner may have no control over the timing, extent, or nature of the invasion. And constitutional protection for the rights of private property cannot be made to depend on the size of the area permanently occupied.

Mt. Laurel, II (1983)

The New Jersey Supreme Court ruled that all 567 municipalities in the state must build their "fair share" of affordable housing.



A precedent-setting blow against racial segregation.

Members of City Council v. Taxpayers for Vincent (1984)

The US Supreme Court upheld a regulation that prohibited the attaching of signs to utility poles. The Court found that the regulation met all the tests mentioned under Central Hudson (1980).

City of Cleburne v. Cleburne Living Center (1985)

The US Supreme Court ruled that an ordinance that does treat different groups unequally, but does not involve a fundamental right or group that gained protection under Village of Arlington Heights (1977) merely needs to pass a rational basis test.


In this case, the ordinance failed the rational basis test.

City of Renton v. Playtime Theaters, Inc.

Facts of the Case


The city of Renton, Washington, enacted a zoning ordinance that prohibited adult motion picture theaters from locating within 1,000 feet of "any residential zone, single- or multiple-family dwelling, church, park, or school." Playtime Theatres, Inc., challenged the ordinance and sought a permanent injunction against its enforcement.



Question


Did the Renton ordinance violate either the First or Fourteenth Amendment?



Legal provision: Amendment 1: Speech, Press, and Assembly



In a 7-to-2 decision, the Court held that the zoning ordinance did not violate the First and Fourteenth Amendments.



The Court held that the ordinance was a form of time, place, and manner regulation, not a ban on adult theaters altogether. The Court reasoned that the law was not aimed at the content of the films shown at adult motion picture theaters, "but rather the secondary effects of such theaters on the surrounding community." The Court found that the ordinance was designed to serve a substantial governmental interest in preserving the quality of life and allowed for "reasonable alternative avenues of communication."

First English Evangelical Lutheran Church v. County of Los Angeles (1987)

Facts of the Case


In 1979, the County of Los Angeles passed an ordinance which prohibited construction or reconstruction on land which had been devastated by a flood one year earlier. The First English Evangelical Lutheran Church owned a campground which was affected by this ordinance and it was not allowed to reconstruct buildings on this land which the flood had destroyed.



Question


Did the ordinance violate the Fifth Amendment (as applied to the states through the Fourteenth) which prevents government from taking private property for public use without providing just compensation to the owner of the property?



The Court held that the ordinance violated the Constitution. Noting that the fate of the Church's property had been in limbo for over six years (the suit which it had filed in 1979 had been denied a hearing as late as October of 1985), Chief Justice Rehnquist argued that, because the church was unable to use its property during this time, a "taking" of the property had occurred. Thus, the Just Compensation Clause of the Fifth Amendment required the government to exercise one of a number of "options" such as amending the regulation or fair payment for the use of the property in order to protect the Church's constitutional rights.


------EVEN A TEMPORARY TAKING REQUIRES COMPENSATION.

Nollan v. California Coastal Commission (1987)



Takings Case: 5th Amendment



Land use restrictions, to be valid, must be tied directly to a specific public purpose

Facts of the Case


The California Coastal Commission required owners of beachfront property wishing to obtain a building permit to maintain a pathway on their property open to the public.



Question


Did the requirement constitute a property taking in violation of the Fifth and Fourteenth Amendments?



Yes. The Court agreed that a legitimate (specific public) interest may be served by maintaining a "continuous strip of publicly accessible beach along the coast." However, reasoned Justice Scalia, if California wished to use its power of eminent domain to do so, it must provide just compensation to the Nollans and other beachfront property owners for the public use of their land.


Cohen v. Des Planes (1990)



Oregon v. Smith (1990)

US Supreme Court considered the relationship of regulation and religion in two cases.



In Cohen, the Court ruled that zoning cannot be used to grant religious institutions advantages over other commercial ventures. In this case, the Court overturned a zoning provision that allowed a church to run a day care in a residential zone where no one else could do so.



In Smith, the Court ruled that zoning that is neutral on its face was permissible so long as it doesn't hinder the religion itself. This particular case upheld a ban on the use of peyote in Native American religious services.

Lucas v. South Carolina Coastal Council (1992)



Takings Case: 5th Amendment



Just Compensation

Facts of the Case


In 1986, Lucas bought two residential lots on the Isle of Palms, a South Carolina barrier island. He intended to build single-family homes as on the adjacent lots. In 1988, the state legislature enacted a law which barred Lucas from erecting permanent habitable structures on his land. The law aimed to protect erosion and destruction of barrier islands. Lucas sued and won a large monetary judgment. The state appealed.



Question


Does the construction ban depriving Lucas of all economically viable use of his property amount to a "taking" calling for "just compensation" under the Fifth and Fourteenth Amendments?



Legal provision: Takings Clause



Yes. In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."



Regulations that deny the property owner all "economically viable use of his land" constitute one of the discrete categories of regulatory deprivations that require compensation

Dolan v. City of Tigard (1994)



Exactions; 5th Amendment Takings



"Rough Proportionality" test

Facts of the Case


Florence Dolan wanted a permit from the City of Tigard to expand her store and pave her parking lot. The city agreed to grant her permit on the condition that she dedicate part of her land for (1) a public greenway along a nearby creek to help alleviate runoff from the pavement, and (2) a pedestrian/bicycle path to relieve traffic congestion from the city's growing business district.



Question


Did the city's conditions for the permit violate the 5th Amendment's "takings" clause as absorbed by the 14th Amendment's due process clause?



Legal provision: Takings Clause



Yes. The Court ruled that the city did not present conclusive evidence that the walkway/bicycle path would reduce traffic congestion, and so could not require Dolan to give up her property as a condition of the permit. In addition, the city did not explain why a public greenway was necessary, as opposed to a private one.



The Court wanted to answer the question it left open in Nollan as to what is the required degree of connection between the exactions imposed by the city and the projected impacts of the proposed development?



The Court held that one purpose of the takings clause is to bar the government from forcing some people to bear public burdens, which should be borne by the public as a whole. Had the city simply required Petitioner to dedicate a strip of land along the creek for public use, rather than conditioning the grant of her permit to redevelop her property on such a dedication, a taking would have occurred. Such public access would deprive Petitioner the right to exclude others.



However, a land use regulation does not constitute a taking if it substantially advances legitimate state interests and does not economically viable use of his land.
A determination must be made as to whether the essential nexus exists between the legitimate state interest and the permit condition exacted by the city. If the nexus exists, then a determination must be made as to the required degree of connection between the exactions and the projected impact of the proposed development. There must be a "rough proportionality" between the demands of the city and the impact of the proposed development.
Here, the prevention of flooding and reduction of traffic are legitimate public purposes, and a nexus exists between preventing flooding and limiting development.



But as for the rough proportionality test, the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development. Here, the city has never explained why a public greenway, as opposed to a private one, was required in the interest of flood control. Petitioner has lost her ability to exclude others, which is one of the most essential sticks in the bundle of property rights. It is difficult to see why recreational visitors walking on the land is sufficiently related o the city’s legitimate interest in reducing flooding problems along the creek, and the city has not attempted to make any individualized determination to support this request.

Borgmann v. Board of Supervisors (1998)

The Iowa Supreme Court struck down "right to farm" legislation ruling it was 1) an unequal application of law and 2) an indirect de facto taking of abutting non-farm properties.

Sierra v. Tahoe (2002)

Facts of the Case


The Tahoe Regional Planning Agency (TRPA) imposed two moratoria from August 24, 1981, until August 26, 1983 and from August 27, 1983, until April 25, 1984, totaling 32 months, on development in the Lake Tahoe Basin while formulating a comprehensive land-use plan for the area. Real estate owners affected by the moratoria and an association representing such owners, including the Tahoe-Sierra Preservation Council, Inc., filed suits, claiming that TRPA's actions constituted a taking of their property without just compensation. The District Court found that TRPA had not effected a partial taking; however, it concluded that the moratoria did constitute a categorical taking because TRPA temporarily deprived real estate owners of all economically viable use of their land. In reversing, the Court of Appeals held that because the regulations had only a temporary impact, no categorical taking had occurred.



Question


Does a moratorium on development imposed during the process of devising a comprehensive land-use plan constitutes a per se taking of property requiring compensation under the Fifth Amendment's Takings Clause?



Legal provision: Takings Clause



No. In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that that the mere enactment of the regulations implementing the moratoria did not constitute a per se taking of the landowners' property. The Court reasoned that whether a taking occurred depended upon the considerations of landowners' expectations, actual impact, public interest, and reasons for the moratoria. Moreover, the Court concluded that the adoption of a categorical rule that any deprivation of all economic use, no matter how brief, constituted a compensable taking would impose unreasonable financial obligations upon governments for the normal delays involved in processing land use applications.



---a temporary building moratorium for the purpose of conducting planning studies to protect the public health, safety, welfare, and morals is a legitimate use of police power and does not constitute a taking of any kind.

Kelo v. City of New London (2005)

Facts of the Case


New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to private developers. The city said developing the land would create jobs and increase tax revenues. Kelo Susette and others whose property was seized sued New London in state court. The property owners argued the city violated the Fifth Amendment's takings clause, which guaranteed the government will not take private property for public use without just compensation. Specifically the property owners argued taking private property to sell to private developers was not public use. The Connecticut Supreme Court ruled for New London.



Question


Does a city violate the Fifth Amendment's takings clause if the city takes private property and sells it for private development, with the hopes the development will help the city's bad economy?



Legal provision: Takings Clause



No. In a 5-4 opinion delivered by Justice John Paul Stevens, the majority held that the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause. The city was not taking the land simply to benefit a certain group of private individuals, but was following an economic development plan. Such justifications for land takings, the majority argued, should be given deference. The takings here qualified as "public use" despite the fact that the land was not going to be used by the public. The Fifth Amendment did not require "literal" public use, the majority said, but the "broader and more natural interpretation of public use as 'public purpose.'"



---UPHOLDS the decades-old practice of utilizing eminent domain for economic development purposes when such actions are backed by a redevelopment plan that underwent a full plan development process.

A Planner's primary obligation is to?

The public interest

The "public interest"

is formulated through continuous and open debate.

Section A: Principles to Which We Aspire


1. Our Overall Responsibility to the Public

Our Primary obligation is to serve the public interest and we, therefore owe our allegiance to a conscientiously attained concept of the public interest that is formulated through continuous and open debate. We shall achieve high standards of professional integrity, proficiency, and knowledge. To comply with our obligation to the public, we aspire to the following principles:


a) We shall always be conscious of the rights of others.


b) We shall have special concern for the long-range consequences of present actions.


c) We shall pay special attention to the interrelatedness of decisions.


d) We shall provide timely, adequate, clear, and accurate information on planning issues to all affected persons and to governmental decision makers.


e) We shall give people the opportunity to have a meaningful impact on the development of plans and programs that may affect them. Participation should be broad enough to include those who lack formal organization or influence.


f) We shall seek social justice by working to expand choice and opportunity for all persons recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs.


g) We shall promote excellence of design and endeavor to conserve and preserve the integrity and heritage of the natural and built environment.


h) We shall deal fairly with all participants in the planning process. Those of us who are public officials or employees shall also deal evenhandedly with all planning process participants.

Section A: Principles to Which We Aspire


2. Our responsibility to Our Clients and Employers

We owe diligent, creative, and competent performance of the work we do in pursuit of our client or employer's interest. Such performance, however, shall always be consistent with our faithful service to the public interest.


a) We shall exercise independent professional judgment on behalf of our clients and employers.


b) We shall accept the decisions of our client or employer concerning the objectives and nature of the professional services we perform unless the course of action is illegal or plainly inconsistent with our primary obligation to the public interest.


c) We shall avoid conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.

Section A: Principles to Which We Aspire


3. Our Responsibility to Our Profession and Colleagues

We shall contribute to the development of, and respect for, our profession by improving knowledge and techniques, making work relevant to solutions of community problems, and increasing public understanding of planning activities.


a) We shall protect and enhance the integrity of our profession.


b) We shall educate the public about planning issues and their relevance to our everyday lives.


c) We shall describe and comment on the work and views of other professionals in a fair and professional manner.


d) We shall share the results of experience and research that contribute to the body of planning knowledge.


e) We shall examine the applicability of planning theories, methods, research and practice and standards to the facts and analysis of each particular situation and shall not accept the applicability of a customary solution without first establishing its appropriateness to the situation.


f) We shall contribute time and resources to the professional development of students, interns, beginning professionals, and other colleagues.


g) We shall increase the opportunities for members of underrepresented groups to become professional planners and help them advance in the profession.


h) We shall continue to enhance our professional education and training.


I) We shall systematically and critically analyze ethical issues in the practice of planning.


j) We shall contribute time and effort to groups lacking in adequate planning resources and to voluntary professional activities.


2. Informal Advice


Informal Advice Response Time

21 days

2. Informal Advice


Informal Advice Response Time

21 days

3. Formal Ethics Advice

Only given by the Ethics Officer on a planner's proposed conduct.

3. Formal Advice

--Is binding on AICP;
---Anyone who follows it can use reliance on it as a defense to any charge of misconduct.
---issued in writing and signed by the Ethics Officer.
---Response time is within 21 days of receipt
---logged in a document distributed on a quarterly basis to the Chair of the AICP Ethics Committee.

3. Formal Advice

--Is binding on AICP;
---Anyone who follows it can use reliance on it as a defense to any charge of misconduct.
---issued in writing and signed by the Ethics Officer.
---Response time is within 21 days of receipt
---logged in a document distributed on a quarterly basis to the Chair of the AICP Ethics Committee.

3. Formal Advice


If you fail to receive a timely response from the Ethics Officer...

Notify the Chair of the Ethics Committee that you are awaiting a response.

3. Formal Advice


The Ethics Officer will not issue formal advice...

If they determine that the request deals with past conduct that should be a charge of misconduct.


5. Filing a Charge of Misconduct

--Any person may file a charge of misconduct against a Certified Planner.

--Charge of misconduct must be made in a letter sent to the Ethics Officer. The letter may be signed or anonymous.

---The person filing the charge should not send a copy of the letter to the Certified Planner against whom the charge is being made or to any other person.

6. Receipt of Charge by Ethics Officer

---Within 2 weeks of receipt of charge, the Ethics Officer must send a cover letter and transmit the charge to the Certified Planner charged.

--The charged planner is now known as "The Respondent".

6. Receipt of Charge by Ethics Officer


The Ethics Officer's Cover Letter

Shall indicate whether the Respondent should provide a preliminary response to the charge or whether the Ethics Officer dismisses the charge.

If dismissed, a copy of the cover letter will be mailed by Certified mail to the identifiable Charging Party. The Chargibg Party has the right to appeal.

6. Receipt of Charge by Ethics Officer


The Charging Party may only withdraw a charge received by the Ethics Officer...

Only with the permission of the Ethics Officer.

4. Published Formal Advisory Rulings

The Ethics Officer provides a copy of all formal advice to the AICP Ethics Committee. The Committee will determine if the formal advice provides guidance to the interpretation of the Code and should be published as a formal advisory ruling.



Also, the Ethics Committee has the authority to draft and publish formal advisory rulings when it determines that interpretation of the Code is needed or desirable.

6. Receipt of Charge by Ethics Officer



If an identified Charging Party has not received a status report from the Ethics Officer for 60 calendar days...

The Charging Party should notify the Chair of the AICP Ethics Committee.

7. Right of Counsel



Does a planner who receives a charge of misconduct have the right to legal counsel?

Yes. A planner who receives a charge of misconduct under a cover letter requesting a preliminary response is advised to obtain legal representation at the earliest point in the procedure. However, a planner who elects to proceed first without legal representation may engage representation at any later point in the procedure.

8. Preliminary Responses to a Charge of Misconduct



How long does a Respondent have to respond to a request for a preliminary response?

30 calendar days from the receipt of the Ethics Officer's letter requesting a response.



The Ethics Officer may grant an extension of time, not to exceed 15 calendar days, if the request for extension is made within the 30 calendar day period.

8.Preliminary Responses to a Charge of Misconduct



A Preliminary Response should include...

documentation, the names, addresses and telephone numbers of witnesses, and all of the facts and arguments that counter the charge. The Respondent should not discuss the motivation of the Charging Party, which is irrelevant.



The Ethics Officer will send a copy of the preliminary response to the identifiable Charging Party, allowing them to have 15 calendar days from the date of receipt to respond.

9. Conducting an Investigation

After reviewing the Respondent's Preliminary Response, or if no timely preliminary response is received, the Ethics Officer will decide whether and investigation is appropriate.



If it is decided that an investigation is appropriate, the Ethics Officer may designate a member of the AICP staff or AICP counsel to conduct the investigation.

10. Dismissal of Charge or Issuance of Complaint

If a charge appears to be without merit, the Ethics Officer will dismiss it in a letter sent to the Respondent and the Charging Party by receipted Certified Mail.



If the Ethics Officer's investigation indicates that a Complaint is warranted, they will draft a Complaint sent to the Respondent by Certified Mail.

10. Dismissal of Charge or Issuance of Complaint

A Complaint consists of numbered paragraphs of alleged violations and cite provisions of the Rules of Conduct that the Ethics Officer believes are in violation. The allegations are based on the Ethics Officer's investigation of the charge and may be more or less substantial than those of the Charging Party.



All dismissals are maintained in a log and transmitted to the Chair of the Ethics Committee on a quarterly basis.

11. Appeal of Dismissal of Charge

Charging Parties have 30 calendar days from the date of the receipt of their dismissal letters to file and appeal with the Ethics Committee. The appeal should be sent to the Ethics Officer who will log it and transmit it to the Ethics Committee within 21 calendar days.



The Ethics Committee will either affirm or reverse the dismissal.

11. Appeal of Dismissal of Charge



What happens when a Dismissal is reversed?

The Ethics Committee will either direct the Ethics Officer to conduct a further investigation and review the charge again, or issue a Complaint based on the materials before the Committee.

12. Answering a Complaint

The Respondent has 30 calendar days from receipt of a Complaint to file an answer.



The Answer must specifically admit or deny each of the fact allegations in the Complaint.



The failure of a Respondent to make a timely denial of any fact alleged in the Complaint shall be deemed an admission of such fact.



The Ethics Officer may amend a Complaint.



the Ethics Officer will send the Complaint or Amended Complaint and the Respondent's Answer to the Ethics Committee with a copy to the Charging Party.

13. Conducting a Hearing

b

The Ethics Officer will have the burden of proving.....
By a preponderance of the evidence that misconduct occurred.
The Ethics Officer and the Respondent will exchange lists of proposed witnesses who will testify and copies of all exhibits that will be introduced at the hearing...
At least 30 calendar days before the hearing.
A hearing is conducted when...
The Ethics Officer notifies the Ethics Committee that material facts are in dispute or if the Ethics Committee, on its own, finds that to be the case.
If the Ethics Committee finds that material facts are in dispute, the Chair of the Committee will....
Designate a "Hearing Official" from among the membership of the Committee.
At this point, the Ethics Officer, either personally or through a designated AICP staff member or AICP counsel, shall continue to serve as both Investigator-Prosecutor AND as the Clerk serving the Ethics Committee, the Hearing Official and the Respondent.
13. Conducting a Hearing
Following the closing of the hearing, the Hearing Official shall...
Make findings only as to the disputed material facts and transmit the findings to the full Ethics Committee, the Ethics Officer, and the Respondent.
14. Deciding the Case
How are ethics matters resolved?
The Ethics Committee (including the Hearing Official member of the Committee) shall resolve the ethics matter by reviewing the documentation that sets out the facts that were not in dispute, any fact findings that were required to be made by a Hearing Official, and any arguments submitted to it by the Respondent and the Ethics Officer.
14. Deciding the Case
The Ethics Officer shall give 45 calendar days notice to the Respondent....
Of the date of the Ethics Committee meeting during which the matter will be resolved.

The Ethics Officer and the Respondent shall have 21 calendar days to submit memoranda stating their positions.

The Ethics Officer shall transmit the memoranda to the Ethics Committee no later than 15 calendar days prior to the scheduled meeting.
14. Deciding the Case
If the Ethics Committee decides that the Rules of Conduct have not been violated...
It shall dismiss the Complaint and direct the Ethics Officer to notify the Respondent and an identified Charging Party.
14. Deciding the Case
If the Ethics Committee determines that the Ethics Officer has demonstrated that the Rules of Conduct have been violated...
It shall also determine the appropriate sanction, which shall either be a reprimand, suspension, or expulsion.

The Committee shall direct the Ethics Officer to notify the Respondent and identified Charging Party of its action and to draft a formal explanation of its decision and chosen sanction. Upon approval of the Ethics Committee, the explanation and discipline chosen shall be published and titled "Opinion of the AICP Ethics Committee."
14. Deciding the Case
The determination of the AICP Ethics Committee shall be...
Final

15. Settlement of Charges True or False? Prior to issuance of a complaint, the Ethics Officer may negotiate a settlement between the Respondent and an identified Charging Party?

True. But Only if the Ethics Officer determines that the Charging Party has been personally aggrieved by the alleged misconduct of the Respondent and a private resolution between the two would not be viewed as compromising the Code principles. If this is the case, the Charging Party will be allowed to withdraw the charge of misconduct.

15. Settlement of Charges
Can the Ethics Officer enter into a settlement agreement without the participation of an identified Charging Party?
Yes, prior to the issuance of a complaint. However, the proposed settlement agreement shall be contingent upon the approval of the Ethics Committee. An identified Charging Party will be given notice and an opportunity to be heard by the Ethics Committee before it votes to approve or disapprove the proposed pre-Complaint settlement.
15. Settlement of Charges
After issuance of a Complaint by the Ethics Officer, a settlement can be negotiated...
Solely between the Ethics Officer and the Respondent, subject to the approval of the Ethics Committee without input from an identified Charging Party.
16. Resignations and Lapses of Membership
If an AICP member who is subject of a Charge of Misconduct resigns or allows membership to lapse prior to final determination of the Charge, the ethics matter...
Will be held in abeyance subject to being revived if the member applies for reinstatement of membership within 2 years.

If the member fails to apply for reinstatement within 2 years, the member shall not be permitted to reapply for certification for a period of 10 years from the date of resignation or lapse of membership.
17. Annual Report of Ethics Officer
Prior to January 31 of each calendar year the Ethics Officer shall publish an Annual Report of all ethics activity during the preceding calendar year to the AICP Ethics Committee and the AICP Commission. The AICP Commission shall make the Annual Report available to the membership.
D: Planners Convicted of Serious Crimes-
Automatic Suspension of Certification
1. Automatic Suspension Upon Conviction for "Serious Crime"
If a certified planner is convicted of a serious crime, certification and membership shall be automatically suspended indefinitely.
D: Planners Convicted of Serious Crimes-
Automatic Suspension of Certification
1. Automatic Suspension Upon Conviction for "Serious Crime"
If a certified planner is convicted of a serious crime, certification and membership shall be automatically suspended indefinitely.
1. Automatic Suspension Upon Conviction for "Serious Crime"

A "Serious Crime" shall include...
Any crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns or to pay the tax, deceit, bribery, extortion, misappropriation, theft, conflict of interest, or an attempt to or a conspiracy or solicitation of another to commit a "serious crime".
D: Convicted of a Serious Crime
2. Duty to Notify Ethics Officer when convicted of "serious crime"
As required by Rule of Conduct 26 in Section B of the Code, you must notify the Ethics Officer both by receipts Certifies and Regular First Class Mail if you are convicted of a "serious crime".
Failure to do so will result in a delay in the commencement of the 1 year waiting period for filing reinstatement petitions.
Petition for Reinstatement
An individual has 1 year from the date of the Notice of Suspension of AICP Membership and Certification before they can petition the AICP Ethics Committee for reinstatement.
Who makes the decision on requests for reinstatement?
The Ethics Committee, as well as what conditions will be applied to the reinstatement.
If the Ethics Committee denies a petition for reinstatement...
The Ethics Officer will send the denial to the petitioner along with a notice that they may have the opportunity to file another petition after 12 months from the date of the Ethics Committee's determination.
Things you can ethically do with with full written disclosure to current client or employer
1. Accept an assignment from a client or employer to publicly advocate a position on a planning issue that is indistinguishably adverse to a position you publicly advocated for a previous client or employer within the past 3 years
--must also consult with other qualified professionals.

2. Moonlight (unless the employer has a written policy expressly prohibiting)

3. Perform work on a project for a client or employer where there is possibility for direct personal or financial gain to us or our family members.
G
G
What is the AICP Commission?
It's the American Institute of Certified Planners' eight-member governing body. Members include a President, a President-Elect or an Immediate Past President, and six Commissioners. They serve four-year terms. Terms are staggered, so three commissioners are elected biennially. Day-to-day operations are managed by APA staff. The APA Executive Director and CEO also serves as AICPExecutive Director.
What are the responsibilities of the AICP Commission?
AICP is established in Article Four of APA's Articles of Incorporation. The Institute is responsible for qualifications for certification and membership in AICP, rules regarding professional standards, the ethical code for professional planners, and establishing the dues and fees for the Institute.
How does the AICP Commission conduct its work?
The Commission acts in face-to-face meetings twice a year — at the National Planning Conference in the spring, and at the Fall Leadership Meetings, held in conjunction with APA's Federal Policy & Program Briefing in Washington. It also meets occasionally by conference call.
What committees or task forces does the AICP Commission have?

There are six standing committees: Executive, Nominating, Ethics, National Membership Standards, College of Fellows, and Exam. The President of AICP also can appoint short-term task forces to accomplish specific goals, such as the AICP Student Projects Awards Jury and the Community Assistance Team Task Force.
What issues does the AICP Commission work on?
In recent years the Commission has worked to establish the Certification Maintenance program and expand professional development opportunities through Planners Training Service and the AICP audio/web conference series. Other projects include revising the AICP Examination and the AICP Code of Ethics and offering pro bono opportunities through the Community Assistance Program.

Office Space Definitions

Class A: most prestigious buildings competing for premier office users with rents above average for the area. Buildings have high quality standard finishes, state of the art systems, exceptional accessibility and a definite market presence.



Class B: Buildings competing for a wide range of users with rents in the average range for the area. Building finishes are fair to good for the area and systems are adequate, but the building does not compete with Class A at the same price.



Class C: Buildings competing for tenants requiring functional space at rents below the average for the area.

The Location Quotient

The Location Quotient = local employment/national employment



If the ratio is greater than 1, then it is an Export sector

Average Building Sizes

Major grocery store = 75,000 to 100,000 sq. ft.



Drug store = 8 to 15,000 sq. Ft.



Department Store = 100,000 - 150,000 sq. ft.