"Market Demand-Based Planning and Permitting," co-authored by Georgia State Law professors Julian Juergensmeyer and John Marshall along with professors James C. Nichols, University of Florida Levin College of Law and Arthur C. Nelson, University of Arizona, has become one of the American Bar Association’s Section of State and Local Government best-selling works in 2018. The book was launched at an event at the College of Law last November, and has been promoted in the Urban Lawyer.
"Market Demand-Based Planning and Permitting" advances the argument that new real estate development should be approved only when there is a demonstrated market demand for it, and that over-permitting was a major cause of the Great Recession of 2008. Most permits, the authors contend, are granted when there is supporting infrastructure for the proposed development. They propose adding another element to that standard—permits should be granted when there is the needed infrastructure and when there is a market for the development. The scholars argue that local governments should utilize tools that effectively gauge whether an area has true demand for proposed developments.
However, Marshall argues that there are various and substantial roadblocks to widespread implementation of such checks, and that implementation of market demand-based planning and permitting would likely require statewide legislation allowing the consideration of demand in the development process.
"Market Demand-Based Planning and Permitting" is available in physical and e-book formats on the American Bar Association online.