LISTSERV mailing list manager LISTSERV 16.5

Help for BULLAMANKA-PINHEADS Archives

   

BULLAMANKA-PINHEADS Archives

BULLAMANKA-PINHEADS Archives


BULLAMANKA-PINHEADS@LISTSERV.ICORS.ORG


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

BULLAMANKA-PINHEADS Home

BULLAMANKA-PINHEADS Home

BULLAMANKA-PINHEADS  October 1998

BULLAMANKA-PINHEADS October 1998

Subject:

Re: Environmental, Political, and Profitable...YES!

From:

Dan Becker <[log in to unmask]>

Reply-To:

BP - Dwell time 5 minutes.

Date:

Wed, 7 Oct 1998 13:19:38 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (77 lines)

>What is the "Wise" Use movement? What is the NAPC?

The Wise Use movement is the effort by a very quiet and extremely
intentional and organized group to interpret the constitution in such a way
that any government regulation is treated as a taking of private property,
requiring compensation to the owner.  A broad application of this kind of
thinking taken to its extreme would undermine the ability of local
governments to undertake any kind of planning and zoning activity, because
they would have to pay land owners for almost anything they sought to do:
for instance, we have only lately come to the recognition that building in
floodways is not a very smart idea and has all sorts of costs to society
when a flood happens and people get killed and houses get mildewy.  So we
pass a zoning ordinance that prohibits building in a floodway.  Wise Use
proponents would have you pay them for taking away their ability to build
on that land and get themselves washed out every 10 years or so and receive
federal flood insurance money for their trouble.  The same with
preservation ordinances...you zone an area a historic district, you are
messing with somebody's private property rights; thus compensation should
be given for an ordinance that protects the public's interest in the
community's heritage, while providing security to those willing to make
substantial private investments in rehabilitating these properties, which
increases property values, and the private property owner makes money when
they do sell the real estate.

The flaw of Wise Use thinking is the belief that land has value in and of
itself.  This is not true.  It is the public investment in infrastructure
and the entire structure of zoning that gives land its value.  A square
foot of land in Manhattan is worth considerably more money than one in
Montana (I make a distinction here in reporting value; I can think of a
number of people that would value a SF of Montana wide sky more than a SF
of Manhattan narrow sky)...where does the difference in value come from?
It's the same thing...one square foot of earth.

The NAPC is an acronym almost as inscrutable as PTN and PIN were to me when
I first wandered in: National Alliance of Preservation Commissions.

>I am already aware that what is taken for granted in NYC is not recognized
>anywhere past 75 miles from Manhattan. I need to know more about what you are
>expressing in the Far West. I feel a gulph exists between Chicago & LA and
>I am
>not sure what the territory carries. I've had some interesting encounters with
>Texas, and for what they have been, HP perspective seemed fairly regular
>to me.
>Do you know where I can look on the I-way?

That's not called a gulph out there, it's one giant dry gulch.  The HP
perspective remains fairly regular wherever you go, it's what every one
else thinks that seems to vary...in the west, preservationeers have to
struggle more with overcoming the private property rights end of the
balance scale.

The wise use movement and the efforts to undermine the long history of
jurisprudence in takings law is a big big complicated topic that I've
become familiar with over time.  I do not know where one can find
information on the net.  I'll wager a little effort with search engines
would turn up some mighty interesting propaganda.  The National Trust's
_Preservation Law Reporter_ has pithy reviews of cases regarding assaults
on takings law from time to time.  Probably one of the best discussions of
the the history of takings law and the implications of this misconstruing
of the constitution is "Responding to the Takings Challenge," by Richard J.
Roddewig and Christopher J. Duerksen, APA/PAS [American Planning
Association/Planning Advisory Service] Report No. 416.  Also very good is
_Takings Law in Plain English_, by the same two learned dudes, "produced
for the American Resources Information Network, a cooperative project of
more than 100 organizations interested in ensuring that the public is
provided accurate and balanced information on the relationship between
private property rights and the public interest."  The National Trust is
one of the sponsoring organizations; they have distributed it widely, and I
suspect you could obtain a copy from the Trust.

_______________________________________________
Dan Becker,  Executive Director       "Conformists die, but
Raleigh Historic                                 heretics live on forever"
Districts Commission                                   -- Elbert Hubbard

[log in to unmask]

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

September 2016
March 2016
December 2015
November 2015
March 2015
December 2014
November 2014
September 2014
August 2014
July 2014
June 2014
May 2014
March 2014
February 2014
January 2014
December 2013
November 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003
December 2002
November 2002
October 2002
September 2002
August 2002
July 2002
June 2002
May 2002
April 2002
March 2002
February 2002
January 2002
December 2001
November 2001
October 2001
September 2001
August 2001
July 2001
June 2001
May 2001
April 2001
March 2001
February 2001
January 2001
December 2000
November 2000
October 2000
September 2000
August 2000
July 2000
June 2000
May 2000
April 2000
March 2000
February 2000
January 2000
December 1999
November 1999
October 1999
September 1999
August 1999
July 1999
June 1999
May 1999
April 1999
March 1999
February 1999
January 1999
December 1998
November 1998
October 1998
September 1998
August 1998
July 1998
June 1998
May 1998
April 1998
March 1998
February 1998
January 1998
December 1997
November 1997
October 1997

ATOM RSS1 RSS2



LISTSERV.ICORS.ORG

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager