Two baselines are considered: First, the no-regulation baseline in which land use allocation is not constrained by any land use regulation. Second, the all-but-the-selected-regulation baseline in which all zoning regulations are imposed except the land use regulation that is being evaluated.
In the absence of land use regulation, individual landowners typically have little incentives to take into account the spatial externalities of their land use.
(2.) Land use regulation is particularly controversial in Oregon.
"Land Use Regulation and the Price of Housing in a Suburban Wisconsin County." Journal of Housing Economics, 8(2), 1999, 144-59.
In an attempt to protect private property rights from the stringent land use regulations, property rights advocates launched Ballot Measure 37 in Oregon in the 2004 election.
In the case of land use regulations, the assessor's approach doesn't work because there can be many reasons for the value of a waiver to be high, even if there has been no reduction in value caused by the land use regulation.
Indeed, other public actions since enactment and enforcement of the land use regulation decades ago have likely also added to the value of a waiver (public infrastructure, government services, promotions of economic development) but, once again, these represent something quite different than a reduction in value.
claims that land use regulations introduced between the mid-1970s and the early 1980s reduced the value of its properties near Mount Pisgah.
The situation with land use regulations is similar.
And third, the land use regulations in question may have protected attractive amenities in the area by blocking activities that, in the absence of the land use regulations, would have made housing development less attractive (auto-body shops, junkyards, incinerators).
Using the high court opinion as guidance, Congress tried again, this time creating a narrower law, reaching only land use regulations
, and prisons that receive some federal funding.
Smart growth fever hasn't caught on everywhere; the majority of states have yet to pass comprehensive growth management plans, which mandate or encourage local planning according to statewide standards and result in land use regulations
such as density requirements and urban growth boundaries.