Mustering the Missing Voices: A Collaborative Model for Fostering Equality, Community Involvement and Adaptive Planning in Land Use Decisions, Installment One

68 Pages Posted: 14 Jun 2005

See all articles by Alejandro E. Camacho

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR); Center for Progressive Reform

Abstract

Modern American land use regulation is characterized by a movement away from traditional command-and-control zoning toward the pervasive use of flexible, bilaterally negotiated approaches. Advocates of this agreement-based regulatory trend have not sufficiently considered the impact of applying such potentially ad hoc approaches on comprehensive planning and public norms of democratic decision-making, community engagement, and local and regional fairness. This Installment challenges this trend's legitimacy, arguing that though agreement-based land use regulation can be effective in achieving deliberative, balanced and efficient decisions, existing approaches actually hinder such decision-making and facilitate corruption by removing key aspects of land use decisions from the public sphere.

Keywords: Land use regulation, property, zoning, collaborative governance, collaborative planning, development agreements, annexation agreements, negotiated regulation, planned unit development, contract zoning, incentive zoning

Suggested Citation

Camacho, Alejandro E., Mustering the Missing Voices: A Collaborative Model for Fostering Equality, Community Involvement and Adaptive Planning in Land Use Decisions, Installment One. Stanford Environmental Law Journal, Vol. 24, p. 3, 2005, Notre Dame Legal Studies Research Paper No. 05-13, Available at SSRN: https://ssrn.com/abstract=724581

Alejandro E. Camacho (Contact Author)

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

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