Chapter 25: Land-Use Control (Mandatory Thread) Land-Use Control (aka zoning) is an emotional “hot-button” issue in rural communities throughout the country and, in particular, in open farm country. Why is that and do you agree or disagree? Is it an emotional issue or purely pragmatic economic issue in rural America? What has been the impact of Kelo vs the City of New London, CT? (Please reread Chapter 4 and review some of the threads from Unit 1)

Land-Use Control

It is indeed true that zoning is a hot topic in the rural America that most people are involved with and it should be supported since zoning is the single most effective way to manage safety, public health, and welfare. Per se, it promotes the welfare of the people and promotes the best land usage. Zoning is imperative too, since it helps decide which part of the property is important for public parks, paly grounds and social amenities. It protects the general public from adverse property development for cash money at the expense of the health of people. It is a practice that should be supported since it also supports solutions to congestion, flooding, fire response, sewerage, drainage, schools, and general open space. As such, it is a hot topic since most private developers see the value for the money they can obtain if they invested in such property, against the public view of their quality of life and care for nature. The rural communities would want to have more in quality of life both in the short run and in the long run when they benefit from park reserves and nature`s beauty. As such the matter has been an economic issue since the locals do not easily accept constructions and property development that interferes with their mother nature, and zoning rules to protect them.

The impact of Kelo vs the City of New London, CT has been controversial since the ruling allowed the government to be able to take private property away from the owner in the name of public usage (Nicholson, & Mota, 2005). In addition, it has been seen as a violation of the bill of rights to the extent that the governments primarily exist to protect private property but in the ruling, the government has been given the loophole to take such property from the people. However, the ruling has also seen many slum or ghettos renovated and new buildings erected by various authorities.

References

Nicholson, B., & Mota, S. A.  (2005). From Public Use to Public Purpose: The Supreme Court Stretches the Takings Clause in Kelo v. City of New London. Gonz. L. Rev., 41, 81.