Overview

Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.

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9781412849463

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Reviews

-Typical high standard.- --Public and Environmental Affairs Review -This is a combination textbook, casebook, and materials on planning law that covers the areas of law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision, regulation, site plan review, planned unit development and official map, eminent domain, and transfer of developmental rights- --American Bar Association Journal -Primarily legal case material with editorial comments and will be most relevant for teaching and reference purposes.- --Robert Warren, The Western Political Quarterly -[Professor Rose] has as-sembled in one compact volume, judicial decisions and legislation that illustrate the legal foundations of the ongoing planning process. The significant contribution of this collection is that it illustrates not only where planning law has been but where it seems to be going.- --Melvin Levin Typical high standard. --Public and Environmental Affairs Review This is a combination textbook, casebook, and materials on planning law that covers the areas of law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision, regulation, site plan review, planned unit development and official map, eminent domain, and transfer of developmental rights --American Bar Association Journal Primarily legal case material with editorial comments and will be most relevant for teaching and reference purposes. --Robert Warren, The Western Political Quarterly [Professor Rose] has as-sembled in one compact volume, judicial decisions and legislation that illustrate the legal foundations of the ongoing planning process. The significant contribution of this collection is that it illustrates not only where planning law has been but where it seems to be going. --Melvin Levin Typical high standard. -- Public and Environmental Affairs Review

-Typical high standard.- --Public and Environmental Affairs Review -This is a combination textbook, casebook, and materials on planning law that covers the areas of law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision, regulation, site plan review, planned unit development and official map, eminent domain, and transfer of developmental rights- --American Bar Association Journal -Primarily legal case material with editorial comments and will be most relevant for teaching and reference purposes.- --Robert Warren, The Western Political Quarterly -[Professor Rose] has as-sembled in one compact volume, judicial decisions and legislation that illustrate the legal foundations of the ongoing planning process. The significant contribution of this collection is that it illustrates not only where planning law has been but where it seems to be going.- --Melvin Levin Typical high standard. --Public and Environmental Affairs Review This is a combination textbook, casebook, and materials on planning law that covers the areas of law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision, regulation, site plan review, planned unit development and official map, eminent domain, and transfer of developmental rights --American Bar Association Journal Primarily legal case material with editorial comments and will be most relevant for teaching and reference purposes. --Robert Warren, The Western Political Quarterly [Professor Rose] has as-sembled in one compact volume, judicial decisions and legislation that illustrate the legal foundations of the ongoing planning process. The significant contribution of this collection is that it illustrates not only where planning law has been but where it seems to be going. --Melvin Levin Typical high standard. -- Public and Environmental Affairs Review

<p> Typical high standard. <p> -- Public and Environmental Affairs Review

Typical high standard. -- Public and Environmental Affairs Review

Typical high standard. </p> --<i>Public and Environmental Affairs Review</i></p>

Author Information

Jerome G. Rose is professor emeritus of urban planning at Rutgers University. He served as editor-in-chief of Real Estate Law Journaland served on the Princeton Regional Planning Board (New Jersey) for eight years. His other works include Landlords and Tenants, The Legal Advisor on Home Ownership, and New Approaches to State Land Use Policies.

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