Professors Present at Rocky Mountain Land Use Institute

Juergensmeyer, Marshall Explain Rationale for Need-Based Permitting

Professors Julian Juergensmeyer and John T. Marshall presented Can Government Prevent the Next Bust? The Rationale for Need-Based Permitting, focusing on the ways that local government officials and staff can effectively check potentially unsound development projects at the Rocky Mountain Land Use Institute in Denver in March.

Juergensmeyer,  Marshall and Professor Arthur C. Nelson from the University of Utah, noted that, given our politicians’ recent failures to plan adequately and prevent the Great Recession, the time has come to craft solutions that empower local land use planners, planning commissions and the hundreds of thousands of locally elected officials they serve to make decisions based on realistic market demand assessments.

Only through a locally implemented market demand planning and development system will America have a better chance of avoiding future economic calamities associated with over-building, and even under-building, say Juergensmeyer and his colleagues.

Prior to the Great Recession, the prevailing thought had been that land use planning and implementation should be confined to matters of environmental impact and infrastructure availability, that matters of market were private and only the developers or builders and perhaps their lenders were at risk. The recession of 2007-09 demonstrated that this thought is simply wrong. The public sector, at all levels, was left to pick up the pieces and pay the costs of the “excessive exuberance.”

Considering this, the presentation questioned whether the public, which suffers the pains and pays the costs, should dictate the pace at which new development occurs. Based on this new method, local officials need a new theory that takes societal responsibility seriously. Marshall and Juergensmeyer proposed a theory based on predicating land use and development decisions on the market demand for them.

It means saying “no” to proposals that would lead to overbuilding that can tank economies; but it also means approving proposals that meet local market demand despite NIMBY (not-in-my-backyard) opposition.

Juergensmeyer Discusses The Right Things in the Wrong Places

Professor Julian C. Juergensmeyer joined University of Maine Professor Orlando Delogu, Attorney Dwight Merriam and Planner Chris Duerksen in a panel presentation at the Rocky Mountain Land Use Institute on the need for land use regulations to restrict building in inappropriate areas.

The panel discussed the problems created by development in flood prone areas, earthquake zones and other high risk areas and then various examples from the United States and abroad of land use plans and ordinances that seek to prevent the catastrophes that frequently occur because of building in the wrong places.

Juergensmeyer Answers “Can Impact Fees Prevent Sprawl?”  Yes, But…

Professor Julian C. Juergensmeyer joined Professor Arthur C. Nelson of the University of Arizona and Professor Greg Burge of the University of  Oklahoma at the Rocky Mountain Land Use Institute to discuss the role that impact fees can play in preventing urban sprawl.

The article investigates the effectiveness of impact fees in Albuquerque, New Mexico over a 21-year period and sets itself apart from the current related literature because it “establishes a direct link to urban density.” Professor Juergensmeyer and his co-authors encourage new construction in fully-served areas (areas that had all the infrastructure needed to support new development). The authors concluded that development impact fee programs of the type used in Albuquerque are viable tools for infrastructure finance that may also represent a preferable alternative to growth boundaries in the fight against urban sprawl.

 

Print Friendly
 
IBM's Watson: A Natural Assistant for Patent Attorneys? via @GeorgiaStateLaw 14 hours ago