Takings, Fairness, and Farmland Preservation

52 Pages Posted: 30 Sep 2016

See all articles by Mark W. Cordes

Mark W. Cordes

Northern Illinois University - College of Law

Date Written: 1999

Abstract

In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. Central to most farmland preservation efforts is agricultural zoning, which typically involves downzoning farmland to agricultural use, precluding more intensive development. This article will briefly comment on the role compensatory programs like PDRs and TDRs should play in effective farmland preservation programs. This is true even if downzoning results in substantial diminution of land values, which means that local governments can pursue farmland preservation by putting the cost of regulation on affected landowners. Indeed, in a perfect world, I would make generous use of both PDRs and TDRs to help mitigate the sometimes harsh effects of downzoning farmland. Thus, although PDRs and TDRs both have a role to play in a comprehensive farmland system, most efforts at farmland preservation must rely heavily on agricultural zoning, without compensation, to succeed. Contrary to the impression created by Professor Richardson, I am not opposed to compensatory farmland preservation programs such as PDRs and TDRs. He emphasized the individual status of the landowner in relation to the single restriction in question.

Keywords: Agricultural Law, Property Law, Farmland Preservation, Local Government, Zoning, Government Conversion, Rural Landowners, Environmental Regulation, Takings Doctrine, Land Use

JEL Classification: K10, K11, K30, K32

Suggested Citation

Cordes, Mark W., Takings, Fairness, and Farmland Preservation (1999). Ohio State Law Journal, Vol. 60, 1999, Available at SSRN: https://ssrn.com/abstract=2801207

Mark W. Cordes (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

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