Peoples’ PropertyPeoples’ Property

Shared Power WorldShared Power World

Customer ServiceCustomer Service

VisionVision

MistakesMistakes

Private MarketPrivate Market

RulesRules

Expectations and GoalsExpectations and Goals

DefinitionsDefinitions

OverviewOverview

Property RightsProperty Rights

THE PHYSICAL PROCESSES OF PLANNING –PLANNING IMPLEMENTATION

PREFACE TO THE COURSE

Americans’ View of Americans’ View of RegulationRegulation

AN INTRODUCTION TO PEOPLES’ PROPERTY

A SHARED POWER WORLD

A SITUATION IN A DEMOCRATIC SOCIETY WHERE ONE CAN RULE ONLY BY SHARING POWER – WHICH CAN ALSO MEAN THAT NO ONE IS IN CHARGE

SHARING POWER IN MY WORLD MEANS COMPROMISE AND COMPROMISE MEANS

REGULATIONS

WHO WANTS REGULATIONS?

SO WHY DO WE TOLERATE PLANNING AND REGULATION?

THE REITZ FORMULAIF YOU DON’T DO IT TO ME, THEN I WON’T DO IT TO YOU

TRANSLATED – IF YOU DON’T SPIT ON MY SIDEWALK, I WON’T SPIT ON YOURS

THE REITZ FORMULA IN ACTION

ISSUES OVER LAND USE AND PLANNING CAN BE RAISED TO BIBLICAL LEVELS FIRES

FLOODS

PESTILENCE

LOCUSTS

DARKNESS

FAMINE

THE HOLMES FORMULA

CIVILIZATION

I DO NOT PAY MY TAXES BECAUSE I HAVE TO OR SUBMIT TO REGULATION BECAUSE I MUST. . . ….

I SEE IT AS AN INVESTMENT IN CIVILIZATION

WE MAY BE A NATION OF STATES, BUT WE ARE ALSO A COUNTRY OF FIEFS AND

BARONIES

Chicago – 2 states, 6 counties, 207 citiesLos Angeles - 5 counties, 277 cities

THERE IS A LACK OF PUBLIC TRUST AND CUSTOMER SERVICE IN THE PRIVATE MARKET

ALL TOO OFTEN THERE IS A LACK OF VISION AND COMMON SENSE

PHYSICAL PLANNING IS HARD TO DO – IT TAKES TIME, EFFORT & TALENT TO DO IT CORRECTLY

BUT PUBLIC ‘BRICKS AND MORTAR PLANNING’ BRINGS BENEFITS TO THE

PRIVATE MARKET

PUBLIC GOODS VERSUS PRIVATE GOODS

AND THERE ARE MANY MISTAKES THAT CAN BE MADE

IT IS DIFFICULT TO HAVE A FOOLPROOF PLAN WHEN THERE ARE SO MANY CLEVER FOOLS

PLANNING AND REGULATION IS NOT ABOUT SIMILARITY – IT IS ABOUT VARIETY

31 FLAVORS INCLUDING CHOCOLATE TUNA

AND IT IS ABOUT PRESERVATION OF PUBLIC AND PRIVATE GOODS

HISTORY, ENVIRONMENT, PLACE, PRESERVATION

Gettysburg

IT IS ALSO ABOUT PROTECTING OUR CHILDREN

AND ABOUT PROTECTING OURVISUAL ENVIRONMENT AND AESTHETICS

AND SOMETIMES PROTECTING US FROM THE BUTT UGLY SIDE OF OUR PHYSICAL WORLD

SOMETIMES PHYSICAL PLANNING AND REGULATION IS ABOUT SAVING WORLD CLASS ASSETS

CLOUD PEAK WILDERNESS AREA – CLASS ONE RARE

IN OTHER WORDS, IT WILL DO AS A PROFESSION, BUT SOMETIMES WE FEEL LIKE THE TECHNICIAN AND SOME DAYS WE FEEL LIKE THE

LAB RAT

Property-Rights Property-Rights MovementMovement

Federal Worker Federal Worker ThreatsThreats

Home Rule MemoHome Rule Memo

Western States Western States CoalitionCoalition

Wise-Use MovementWise-Use Movement

Catron County Catron County OrdinanceOrdinance

Legal LitigationLegal Litigation

County RightsCounty Rights

Trends in OwnershipTrends in Ownership

Future of Public LandsFuture of Public Lands

SO, WELCOME TO THE COURSE IN

PHYSICAL PROCESSES OF PLAN PHYSICAL PROCESSES OF PLAN IMPLEMENTATIONIMPLEMENTATION

WEDNESDAYS – 2:30 TO ABOUT 4:30

JOHN W KELLER – Fall 2009

Phone 785-532-2441 but messages are not possibleE-mail is jwkplan@ksu.edu

Generally in my office on Tuesday morning, Thursday morning and most Fridays

Student honor code http://www.ksu.edu/honor

COURSE INFORMATION

• Exams – final only• Lectures – 10 lectures• Presentations 2 – team presentations – 1?• Grading Basis

– Academic work and content = 80 percent– Showing up = 5 percent– Clarity, syntax, composition, look and feel = 10 percent– Leadership and management of materials = 5

COURSE GUIDELINES

• Goals– Simulate professional level skills needed for physical

planning practice after graduation.– Teach leadership and management through team projects

and co-management of these projects.– Enhance writing and presentation skills.– Teach technical skills – such as housing condition

surveying, transportation modeling, land use surveys.– Produce exemplary documents.

CONTINUED

• I expect maximum effort. Yes, I do know that you have other courses, projects, and family/personal lives. I, too, have other classes, a professional life, department expectations, a private life, and a tremendous amount of boring meetings. Perfection in writing, spelling, syntax and construction is not an option. It is mandatory. All materials produced in the class are the intellectual property of the individual.

• Presentations and plans are an art form and a craft. Plans and presentations are 1/3 beauty, 1/3 technical competence, and 1/3 organization and content. If 1/3 is missing, you either have an ugly, incompetent, or poorly construction project.

• Above all, academic and professional honesty rules! If you plagiarize, at least give credit.

OVERVIEW

• Planning – The act of discerning the futurity of current decisions

• Policies Planning – The creation of benchmarks and guidelines to guide decision-making

• Physical Planning – The basis of Town Planning; structuring the changing nature of the community

Change is Optional – Changing is Not

Futurity

• What do we need versus want?• What do we need to anticipate?• What do our clients want?• Does this differ from the current scenario and should

we care?• Where have we been on this subject?• Where are we now?• Where are we going?• How to we get there?

Policies Planning

• Cannot set plans until the key players have an agreed on set of boundaries

• What do we do with main street?• Are there exceptions?• Is this a long term policy, or does it expire

when we reach a certain threshold?• ie., Poyntz Ave is an extension of the business

district and should take precedence over all other uses

Physical Planning

• Takes place at several levels– District– Neighborhood– Site– Building

• Follows a set of policies ranging from fine- grained to generalized statements

PLANNING IS ORGANIZATION

AND LEARNING BALALNCE WITHIN THE COMMUNITY

AND HOW DIFFERENT THINGS FIT TOGETHER CORRECTLY

LEARNING HOW NOT TO GET STUCK IN A RUT

LEARNING HOW NOT TO GET CAUGHT WITH OUR PANTS DOWN

IT’S GETTING THINGS CENTERED

WE HAVE TO PAY ATTENTI0N TO DETAIL

WHAT PHYSICAL PLANNING AND IMPLEMENTATION ARE REALLY ALL ABOUT IS

MAKING THINGS WORK

•An Efficient, Safe Community•One That is Interesting•That Is Always A Work in Progress•It’s a Journey – Not A Destination

PHYSICAL PLANNING PROCESS

Regional Area Analysis

Preliminary Development Planning FINE

GRAINED PLANNING

Then Why Does It Work In Some Cases But Not Others?

Here is the major reason!People

Politicians

Families

Republicans

Democrats

Moderates

Men

Women

Methodists

Mormons

Rich

Poor

Planning Is Politics

Politics is the authoritative allocation of valuesLiberal

Radicals Idiots and Dipsticks

Good People Fools

Libertarians People of Quality

Black Helicopters

Its Good To Remember That

– It is difficult to make something fool proof when they are so many clever fools

– Inside of every little problem there is a bigger one waiting to get out

– Everyone, everywhere continually moves to their level of incompetence

– It is instructive to remember that any site, anywhere can be modified for development for a cost$$$$$$$$

ANYWHERE – ANY PLACE?

Doing Physical Land Use Planning

• Learning the cook book formula– Finding & describing things– Locating things– Learning standards by heart– Learning threats such as water, slope & terrain– At any given time 15% of all people are idiots

For Those In A Planning Career

Prepare For Three Things

You Will Be Eaten Alive

Preparing 2

AND

BAD THINGS HAPPEN TO GOOD PEOPLE

Today’s Mantra

• Don’t ask, just do it!

• I pay taxes on 100% of my property and I want 100% of the use of my property

• Government should act more like a business – then it might go broke

• Smart Growth is just another way of spending money

In Other Words – Put Your Trust in the Private Sector

And FinallyIt often seems like planners are stuck in a rut. Their advice ignored by all but the few in a community. It seems like we have too many bad days. But, sometimes we wonder if we really know what having a bad day really is?

End Part One - Introduction

THE GREAT BARBECUE

THE FIRST STEP IS KNOWING WHERE YOU ARE

AND THEN – THE BASELINES

THE TOWNSHIP AND RANGE SYSTEM

HOW THE SECTIONS ARE ARRANGED

DESCRIBING WITHIN THE SECTIONS

One Section – 640 Acres More Or Less

Location Exercise

Purchaser: BEADLES RICHARD FRecord ID: 424214 Date: 03/24/1862Acres: 80 Price: $11.00 Type of sale: Railroad (RR) County: 41 Section: 8 Section Part: NWNE Township: 01S Range: 01E 3rd Meridian:3 Purchaser Res: Arch. Vol. No: 791 Vol. Page No.: 087 Cash warrant code:Record corrected: 0

Step 1 – Find Base Line 01S Range: 01E Meridian:

Step 2 – Section 8

STEP 3 NWNE

GETTING THERE – THE AZIMUTH

UNDERLYING ELEMENT OF PHYSICAL PLANNING – CONTOUR

MAPPING

CONTOUR MAPPING – THE RULES OF THE V’S

HOW IT IS ACTUALLY DONE

WHY IS IT SO IMPORTANT?

• Storm Water Discharge Planning• Sewer and Water Installation• Transportation Development• Elevation indicates Soil Type• Soil Type dictates development

pattern

FOR ROADS – IT’S FINDING THE RIDGE LINES

AND KEEPING THE SLOPE WITHIN A REASONABLE LEVEL

THE COOKBOOK MEASURE OF SLOPE

Expression of Slope

0 – 3 percent (flat)

3 – 10 percent (moderate)

10 – 15 percent (special caution)

15 – 30 percent (only in California and Colorado)

Over 30 percent (heart attack)

When slope is expressed as a percent, it is the vertical rise / horizontal run

Slope can always be expressed as a ratio by dividing the horizontal run by the vertical rise

1:1

2:1

3:1

5:1

10:1

Horizontal runVertic

al Rise

EXPRESSED AS A RATIO

OTHER COOKBOOK FORMULAS FOR LAND USE PLANNING

• ½ or less – Not much feasible• ½ to 1 percent – large scale land uses

such as industry, the big box, airports – BUT – major drainage and sewer flow problems

• 1 ½ to 5 percent – nearly any land use can be sited

• 3 percent is the upper limit for “no problem” heavy truck flow

UPPER SLOPE FORMULA

• 5 – 10 percent is generally good for housing development and can be used for smaller scale industry, office and commercial

• Many communities will not allow road development over

8 – 10 percent

HIGH SLOPE DEVELOPMENT

• 10 – 15% can generally only be used for hillside residential development. Very special practices must be used for road, storm water, and sewer development. All other uses are economically impractical

• 15 – 25% is used for very large lot residential development. Extreme costs can be expected

IN GENERAL, ANYTHING OVER 12% SLOPE GETS

VERY UGLY

WORLDWIDE LAND USE FORMULAS

•The rich folks take the high ground•The least developable ground is always the preferred location•Water runs down hill•You can pump water uphill

The Concept of PropertyThe Concept of PropertyThe Concept of PropertyThe Concept of Property

The British/American ViewThe British/American View

PROPERTY AS A BUNDLE OF RIGHTS

Absolute Doctrine

Nuisance Doctrine – Roman

British – Fee Conditional

Police Power Doctrines

Maturing Police Power

Stewardship Models

Socialist – Democratic Models

Scandinavian Models

Marist – general

Indigenous Peoples’

Eco – Generativist

Gaia

Sovereign

Feudal

Queen’s Chain

CONCEPT OF A SOVEREIGN

• Immunity• All property rights evolve from• Respect of the sovereign for private

property – Blackstone’s Dictum• Judicial attitudes – e.g. – basic assumption

of validity

CONCEPT OF PROPERTY

• Attribute of People• Appropriation (appropriable) & value• Right to material things – not personal

liberties• Exclusive – not inclusive• Can be held jointly or in common

WHAT IS NEEDED

• An owner, together with others to exclude• Objects that can be held as possessions• A sovereign to sanction, limit, and protect

rights

WAYS TO POSSESS PROPERTY

• Fee simple – or fee simple absolute• Fee qualified• Life estates – fee tails – undivided interests• Dower rights – right of an heir (spouse) to a portion of the

estate• Profits’• Curtesy – Right of a spouse to a portion of estate acquired

during marriage• Leasehold• Land purchase contract

LAND USE PLANNING MADE PLAIN – HOK-LU LEUNG

• How do land use patterns come about?– Interaction along class and economic lines according to

Burgess and Hoyt – concentric zones– Sectorial Models – edge city– Multiple nuclei – pepperoni pizza models

Burgess Model Circa 1925aka Concentric Model

Hoyt Model aka Sector Model

Conurbation Models

Economic, Social and Spatial Models

• Land Use variables– Growth machine socio political– Demographic forces (income)– Pattern and preferences (school, facilities, health care)– Transportation

• Work – 2 persons working family• Cost of transportation• Friction of transportation

?

Urbanization of Land Use

ROOT CAUSES OF URBANIZATION

Push factors for rural areasPull factors from urban areasNatural birth increaseDisaster displacement

Most Liveable Places