Shared Flashcard Set

Details

Key Terms, History, Legal Cases
Key Terms, History, Legal Cases
56
Real Estate & Planning
Undergraduate 3
12/03/2009

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Welch v. Swasey
Definition

Supreme Court ruled saying that Mass. could limit the height of biuldings in a certain quarter of a city.

*Cities could ZONE!*

Term
General Plan
Definition

Listing of community's goals policies & implementation strategies that guide and influence city.

Cities are required to have one, but not necessarially to follow it.

-Not a legally binding document-

Term
Master Plan
Definition
Similar to a general plan but goes into more detail on certain regions of the city--For example, the entrance to the city
Term
Zoning Ordinance
Definition

A binding legal document that determines what can be built where and usually groups like things together ie Residential, Commercial, Industrial zones.

-To ammend the ordinace, the planning commission must recommend it to the city council.

Term
Capital Improvement Plan
Definition
How the general plan is to happen, meaning, when various infrastructure will be built allowing the city to grow and accomplish it's goals of growth. Improvements usually paid with Impact Fees.
Term
Annexation
Definition
When parts of the county become part of a city. Usually, the city that can most easily provide services to that part.
Term
Incorporation
Definition
Taking an area of the county with over 100 people and making it it's own new town or entity
Term
Conditional Use
Definition
Allows a specific exception to zoning regulations if an applicant meets certain requirements. For instance, to build a church in a residential zone. Usually goes through a public hearing process.
Term
Nonconforming Use
Definition
A legal violation of zoning laws because the use already existed before the new ordinance was passed. Example: a convience store with 10 parking spaces when regulations mandate 25.
Term
Subdivision Plat
Definition
It's like a bluepirnt showing how a parcel of land is to be divided into 2 or more lots.
Term
Site Plan
Definition
Drawings that provide an overhead perspective on how buildings, parking areas, and other facilities would appear on a site. A site plan might also show service routes, landscaping, site zoning, sidewalks, expansion forecasts, neighboring streets, and other buildings.
Term
Condominium Plat
Definition
Combination of a Subdivision plat and a Site plan. It shows how new construction will be layed out on the property and how it relates to the individual condo units.
Term
Planned Unit Development
Definition
A planned combination of diverse land uses, such as housing, recreation, and shopping all in one contained development or subdivision.
Term
John Nash
Definition
Successor to Christopher Wren in London
Architect of Buckingham Palace and Trafalgar Square and Master Planned Regency London; Regent's Park
Main planner during London's transition between royal and public initiative.
Term
Christopher Wren
Definition
Architect Responsible for rebuilding churches in London after the Great Fire. ie St. Paul's
Term
George Eugene Haussmann
Definition

Blended aesthetic with functional in the modernizing of Paris in mid 1850s

Converted Paris from an overcrowed medevial town tot he "City of Lights"

Uniform building heights, grand boulevards, anchoring elements like the Grand Opera House.

*His work inspired the U.S. City Beautiful Movement

Term
Public Health Movement
Definition

Early 1800s England was getting way too over crowed and disease spread quickly.

The Cholera Scare, development of statistics realting to social problems, and appearance of a liberal political philosophy helped lay foundation for reform

Edwin Chadwick - Linked disease with unsanitary conditions

Term
Garden City Movement
Definition

Ebenezer Howard led it

6,000 acres with 32,000 people.

City in central 1,000 acres with greenbelt (rural) activities surrounding it.

Located iwthin convenient rail distance to bigger cities.

Whole thing paid for by private trust. Investor returns made by collecting rents.

Term
City beautiful movement
Definition

Relationship between buildings and open space

Anything that looked old/European was better to homegrown designs.

Ornate/fancy public buildings/gardens/water features aimed to promote moral and civic virture in urban populations.

Term
Daniel H. Burnham
Definition

"Make no little Plans"

Oversaw Wold's Columbian Exposition in Chicago

1909 Plan for Chicago - 1st one for controlled growth of a US city

His style modeled Classical Greek and Rome

Succeeded Frederick Olmstead.

Term
Frederick L. Olmstead Jr.
Definition

Worked on World Columbian Exposition, Vanderbuilt

Helped redesign National Mall

Designed Central park

*Recognized importance of parks and open space as integral elements of the urban system.

Term
Ebenezer Howard
Definition

"Garden Cities of Tomorrow" - Foundation of the Garden City Movement

Wanted residents of towns to enjoy both benefits of town aqnd country.

Three Magnets Diagram

Letchworth Carden City, London

 

Term
George Pullman
Definition

Purchased land in Illinois to build his Pullman Cars.

there was no place for workers to live, so he designed and built a little city which provided everything for the people: schools, churches, entertainment, nice housing. However layoffs in 1894 started a strike. Federal Troops were even called in. "the hand that fed them could also starve them."

After Pullman died, the city just deteriorated.

Term
Garden Cities
Definition
Started by Ebenezer Howard, he wanted to create a city where people could enjoy benefits of both city life (entertainment, work, education, etc) and Country (openarea, fresh air) so he created these cities that had a population cap and a planned urban area in teh center with the outside a greenbelt used for other rural activites. Railroads were to connect the cities.
Term
Jacob Riis
Definition

"How the Other Half Lives"

Documented the poorest slums of New York.

As a result of his publications, Mulberry Bend was torn down by the city in an effort to clear NY slums.

Term
Lincoln Steffens
Definition

Journalist in the early 1900s who wrote to expose government corruption.

Wrote "The Shame of the Cities."

Term
Beaux Arts
Definition
Ornate architectural styel popularized by Haussmann in Paris and influenced US architecture and design in early 1900s
Term
Peirre L' Enfant
Definition
Originally designed plan for Washington D.C. in 1792
Term
Radburn, New Jersey
Definition

Town modeled after England's Garden Cities

Walking path does not cross any streets

Some of the first Cul-de-sacs in the US

The community enjoys autonomy within Borough of Fair lawn.

An example of a car-free environment - everything is walkable.

Term
1909 Plan of Chicago
Definition

Reshaped Chicago's central area

Written by Daniel Burnham and called for:

-Improvement of the lakefront

-Regional Highway system

-Improvement of railway terminals

-new outer Parks

-Systematic arrangement of streets.

-Civic and cultural centers

called "Paris on the Prairie"

Term
Jane Jacobs
Definition

"The Dealth and Life of Great American Cities"

"The Economy of Cities"

-Critique of urban renewal policies in 1950s

advocated abolition of zoning laws

organized effots to block urban-renewal projects taht would have destroyed neighborhoods.

Efforts led to the canellation of the Lower Manhattan Expressway.

Term
City Efficient Movement
Definition

New Laws and court cases relative to land use, zoning, subdivision control, planning regulation.

 

Civil engineers, attorneys, and public administrators began to play a bigger role in city planning w/ an increased demand for public services and facilities (highways/sewers)

Term
Neo-Traditional Planning:
Definition

Term used before New Urbanism

AKA traditional Neighborhood Development

 

Term
New Urbanism
Definition

Cotton District, Mississippi is first one.
6 building Blocks:

1. The Center (decernable, open space, civic buildings, public benifit)

2. Everything is within a 5 min walk

3. Narrow streets in a grid pattern.

4. Narrow versitle streets for cars, bikes pedestrians

5. Mixed use (different land uses within 1/4 mile walk)

6. Special sites for special buildings.

Term
Takings Clause
Definition
Clause in teh 5th Amendment that limits eminent domain by requiring just compensation be paid if private property is taken for public use.
Term
5th amendment
Definition
Takings clause at the end did not originally apply directly to the states.
Term
14th amendment
Definition
Extends the effects of the takings clause in the 5th amendment to the states.
Term
State enabling Legislation
Definition
Powers not given tothe federal government, will be given to the states
Term
Hadacheck v. Sebastian
Definition

Supreme Court said ordinance in LA prohibiting making of brick in certain limits was constitutional because it did not deprive him of his property without due process of law, and did not deny him equal protection of the laws even though he was already making bricks there before the new law passed.

*NOT a takings*

Term
Penn. Coal v. Mahon
Definition

When signing deed to land, Mahon only gained surface rights; mineral rights were forfieted and could he could not claim anything from damages resulting from mining underneath. After passing of the Kohler Act, it was illegal to cause subsidence or damage to human habitation as a result of mining. Penn Coal told Mahon they were removing Pillars of coal from underneath his property. He sued under the Kohler Act. Courts sided with Penn COal becuase a source of damage to a single house is not a nuisance and is not common or public. The statue's not justified for the protection of personal safety. The courts didn't think it was fair to give Mahon more rights than he bought by signing the deed.

*Started doctrine of Regulatory Takings*

Term
Village of Euclid, Ohio v. Amber Reality Co
Definition

Euclid passed zoning ordinances to preserve the integrity of the town and prevent industrial Cleavland from encroaching on it. Amber Reality sued saying these ordinances had reduced their property's value by limiting its use without due process --takings. The courts sided with Euclid saying it was not an unreasonable use of police power. Plus, speculation was not a valid basis for a claim of takings.

*Bolstered Zoning ordinances in towns nationwide*

Term
Nectow v. City of Cambridge
Definition

3 acres were under contract when the city enacts 3 new zones. Most of property was in unrestricted zone, part in residential, part was industiral. Nectow sued challenging reasonableness and saying it was a takings. Courts sided with him b/c of proximity to rail & industiral which made it not have value.

*violates due process if it does not promote health, safety, welfare, and is unreasonable*

Term
Berman v. Parker
Definition
Congress used eminent domain to get land in D.C. to redevelop & make it look better. The viable business sued that they were not slum housing and that it could not be taken for a project under management of a private agency to be redeveloped for private use simply to make the community more attractive. They said it was a taking from one business man for the benefit of another businessman and it did not constitue a public use. Courts sided with congress saying that although some areas may not have been blighted, it was justified in taking them to make the whole plan work.
Term
Golden v. Planning Board of the Town of Ramapo
Definition

City restricted growth but showed in capital improvement plan how they were to grow. They would only approve plans once their infrastructure had reached that area but would issue a rain check to approve project for the time when services were provided. the rain check could even be bought and sold. Or developers could get a special permit if they provided the infrastructure themselves. Courts sided with Ramapo saying development wasn't prohibited so it wasn't a total takings.

*1st major growth management case*

Term
Village of Belle Terre v. Boraas
Definition

A zoning ordinance restricted land use to one family dwellings that could not have more than 2 unrealted people living together. City told the house of 6 students taht they couldn't live tehre. They all sued saying it was unconstitutional. Courts held up teh law because the city has a rational basis for prohibiting large numbers of unrelated people becuase it generates more traffic, cars, and noise than one family.

*Cities can have ordinaces limiting number of unrelated people living in one house, and they can define a tradtional family  and can be upheld in court*

Term
Penn Central transportaion Co. v. New York
Definition

Penn Central wanted to build a skyscraper above Grand Central Terminal. landmark Preservation Commission kept saying NO but that they could sell their air rights to someone else. Penn Central didn't think this was a just compensation and sued for a regulatory taking. Courts sided with NY and siad it was not a taking and did not require just compensation.

*Upheld Transfer development rights concept*

*Legitimized Historic Preservation*

 

Term
Agins v. City of Tiburon
Definition

City changed zoning laws after agins bought property. they would only be allowed to build about 5 houses on their land so they sued for money and said it was invers condemnation and their ordinances were flawed. Courts ruled agains them saying they can't sue in inverse condemnation and that zoning did not violate landowner's right to just comepnsation.

*You can't sue on some general law. You have to show how it negatively applies to your property*

Term
First English Evangelical Lutheran church of Glendale v. LA county
Definition

Church had a camp in canyon and it got flooded/washed out. LA passed regulation prohibiting building in flood zone areas during the time the church was about to re-build, no they couldn't. They sued saying it was a takings.

* City can get nailed for temporary takings just as with a permanate one*

Term
Nollan v. California Coastal Commission
Definition

As a condition of a building permit, the city wanted Nollans to give public an easement along the beach over their private property even though Nollans were just rebuilding a house that was already there. Nollans said ti was a takings. Courts ruled with Nollans and said the city couldn't do it because their house would not have an advers impact on public access to the sea.

*Rational Nexus (What the city was asking, had nothing to do with proposed project)*

Term
Dolan v. City of Tigard
Definition

Dolan had hardward store with part of property on stream. to get her permit to expand the store and pave the parking lot, the city told her she would have to improve a public greenway along the adjacent creek and put in a pathway to relieve traffic congestion. The courts said the dedication requirements were not related to teh proposed development, thus constitued a taking.

*Rough Porportionality (requirement had nothing to do with project)*

Term
City of Monterey v. Del Monte Dunes
Definition

Del Monte Owns 312 acres of beach front property. They bring in plant to control erosion and it ends up tkaing over Buckwheat which is the only source of food for endangered butterly. Del Monte wanted 344 Units. Commission told them they'd accept if they did 264, but then denied them. This happened 3 times and finally it goes to city council and they put tons of conditions on it and then end up telling them they can't do it becuase they'd destroy the Buckwheat. Courts ruled with Wel Monte saying itw as a regulatory taking -- too many rules to build anything. They said let del monte build, or city buy it.

*Regulatroy Taking -- Too many rules to build anything*

Term
Lucas v. S. Carolina coastal Council
Definition

City approved Subdivision lots on coast. Later, the coastal commission said no homes there because of Hurricanes. Now, the city own't give building permits and developmers are mad and sue. Courts said it was a total takings and city had to buy the land at market value.

*The elvel of entitlement cities give poeple can end up tieing the city's hands*

Term
Federal Interstate Highway Act
Definition
1956 - Dwight D. Eisenhower signed bill into law appropriateing $25 billion for the construction of 41,000 miles of interstate highways over 20 years. He wanted it for National security. Also, the act subsidized suburban road infrastructure, maing cummutes between urban centers to suburbs quicker, helping contribute to urban sprawl.
Term
National Historic Preservation Act
Definition
1966 - Intended to preserve historical districs, sites, buildings, structures. To be eligible for listing, a property must meet certain criteria and have sufficient integrity. Being on the list qualifies properties for granst, loans, and tax incentives.
Term
National Environmental Policy Act
Definition
1969 - Establishes an approach to considering environmental effects in government decision making. Before implementing any major government action, they must consider the environmental impacts of the action and make it public through Environmental Imapct Statements or Envrionmental Assessments.
Supporting users have an ad free experience!