The Good News About Takings
The American Planning Association (APA) has published a 67 page book titled, “The Good News About Takings” which should be required reading for local government elected and appointed officials, attorneys and planners in Georgia. The book was authored by Douglas Kendall, Timothy Dowling and Jennifer Bradley of the Community Rights Counsel (CRC).
Community Rights Counsel (CRC) is a nonprofit, public interest law firm based in Washington DC that was formed in 1997 to assist communities in protecting their health and welfare. CRC provides strategic assistance to state and local government attorneys in defending land use laws, environmental protections, public health measures, and other community protections. CRC began as a project of the International City/County Management Association (ICMA), a national association representing over 8,000 city and county managers from around the country, and was housed within ICMA's offices until July 1998.
The short book is written in a manner that is understandable and can be read in a few hours. The book discusses the current state of the property takings debate in the United States with specific Supreme Court decisions. Confusion over the legal state of takings law is common in Georgia. This confusion is often abused as leverage in property zoning applications and hearings.
Property takings law in the U.S. is a technical area of law that cannot be assessed with anecdotal analysis or gut feelings. Local government elected and appointed officials, attorneys and planners must possess a basic working knowledge of takings laws to be effective in community planning and make informed decisions on zoning applications and regulations.
In 9 chapters the book provides a short summary of 10 basic takings rules that are the basis of takings law in the U.S. The book is available for $15.95 ($13.95 for 10 or more copies) from the American Planning Association, Planners Book Service, 122 S. Michigan Ave., Suite 1600, Chicago, IL 60603, (phone) 312-786-6344 (fax) 312-431-9985, bookservice@planning.org
This new book provides useful and basic knowledge to local officials to make more well informed decisions. The Georgia Planning Association (GPA) provides training in partnership with the Georgia Department of Community Affairs (DCA) provides Community Planning Institute (CPI) training on planning and related legal issues.
ARC’s Envision6: A Development Roadmap Focused on Land Use
by John Schaffner
publication: www.TheStoryGroup.com
The Atlanta Region Commission’s board was expected this past Wednesday to adopt as future development guidelines three documents developed by the ARC’s staff which emphasize determining the land uses for the 10-county region and then working on developing transportation strategies to serve those land uses.
Those three documents are an Envision6 Regional Development Plan Land Use Policies, Atlanta Region Unified Growth Policy and Strategic Transportation System Map, and an Envisio6 Regional Place and Development Matrix. The ARC board was expected to direct the staff to use these three documents to guide the development of a new Regional Development Plan and Regional Transportation Plan, including the ARC’s Transportation Improvements Programs (TIPs).
The emphasis on determining land use strategies to drive transportation strategies is a departure from past procedures which primarily emphasized the linkage between transportation strategies and air quality. And, the process was driven by a financial crisis in available funds for transportation projects.
This board direction is the result of an Envision6 effort that was kicked off in April 2005 as a comprehensive effort by ARC to create a regional growth vision and integrate local and regional plans to better prepare for the predicted six million people expected to populate the region by 2030, and addition of 2.3 million residents in the coming years.
read the complete article...
June 14th
Practical Guide to Zoning and Land Use Law, Atlanta, GA
Visit the website: www.nbi-sems.com
June 14th – 15th
Land Use Law After the Four Supreme Court Decisions of 2005 Paying for Economic Development, Chicago, IL
Visit the website: www.planning.org
June 15th
Nominations for GPA President-Elect Due to Jerry Weitz
Please contact: Jerry Weitz at jerryweitz@aol.com
June 16th – 17th
Growing Green, Achieving Sustainability Tax Policies & Techniques that Support Planning, Chicago, IL Visit the website: www.planning.org
June 24th – 27th
GMA Annual Convention, Savannah, GA
Please contact: Janice Eidson at 678.686.6256
Visit the GPA Calendar of Events website page for a full listing...
District 2 – TAD for 2007
The City of Gainesville has been working since 2000 to redevelop a blighted area of the city near its downtown, known locally as Midtown. Tasks that have been completed during the past several years include numerous public meetings, creation of a Midtown Advisory Committee, design of six key Focus Areas within Midtown, completion of a Market Feasibility Study and development of a Greenway Master Plan. The results of this work led to the creation of a redevelopment plan for Midtown that the City Council later adopted.
 As part of the city’s ongoing efforts to spur redevelopment in and around Midtown, local officials identified a unique financing tool known as Tax Allocation Districts or TADs that can help generate money to foster public/private partnerships. Through the use of TADS, the city has additional powers to partner with private developers without having to create new or increased taxes for residents. Prior to the implementation of a TAD within the city, voters had to first approve a referendum on the issue, which they did as part of the city’s November 8, 2005 general election.
The city will be working over the next year to put the various pieces together to have a TAD in place by 2007. One of the aspects of this work will involve meeting with potential developers to see if a public/private partnership might be created to construct a mixed-use project.
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