Upzoning and value capture: How U.S. local governments use land use regulation power to create and capture value from real estate developments

The public sector can harness its authority to control land uses to secure valuable public benefits from real estate developments. This paper investigates how five major U.S. cities—Boston, Chicago, New York, San Francisco, and Seattle—are using their land use regulation powers to create and capture value for the public benefit. An analysis of the zoning and entitlement processes of the 20 largest real estate development projects in each city reveals that value has been captured from all 100 projects. Furthermore, these cities implicitly differentiated value capture into two distinct components: value creation and value capture. Among the 100 projects, cities created value for 90 projects by allowing greater density and height—a practice often referred to as “upzoning.” Distinguishing such upzoning incidences from traditional land use exaction tools is important because the added value gives local governments greater legitimacy in asking for public benefits. The experience of the five cities further revealed that value capture strategies can be customized to adapt to unique regulatory, political, and cultural contexts. Lastly, despite the fact that the majority of the upzoned projects increased density and height through project-specific negotiations, none of the cities had clear standards or evaluation frameworks for determining: how much value was created, what can be asked for in return, and who should benefit from the value captured. Cross-national scholarship on value capture can be leveraged to address these important questions.     

城市总体规划中的空间区划与管制

探讨了城市总体规划中土地规划和空间管制的编制办法与操作程序,尝试提出空间资源区划和空间利用区划的有关概念,针对不同的空间利用分区和亚区提出了相应的空间管制要求,并把这些理念在大连西部地区总体规划实践中加以运用.同时又基于规划实践的体会,总结了提高空间管制规划的科学性和可操作性的若干认知,旨在为土地与空间管制规划的编制提供参考性思路.     

Parking behaviour: Bundled parking and travel behavior in American cities

We investigate the relationship between bundled residential parking and travel behavior, with a particular focus on use of public transportation, and controlling for vehicle ownership. When the cost of parking is bundled into the price of housing, the time and stress of finding parking near home falls. These lower costs may lead households with bundled parking to drive more and use transit less than households without parking, even if both households own vehicles. To date this idea has been difficult to examine empirically. In this article we test this prediction using the public transportation module of the 2013 American Housing Survey. We confirm the association between bundled parking and travel. Households with bundled parking use transit less, spend more on gasoline, and—when they do take transit—are more likely to drive from their homes to the transit stop.     

Urban encroachment,forest regrowth and land-use institutions: Does zoning matter?

As concern grows regarding urban sprawl and forest and agricultural land preservation, the effectiveness of land-use policies in shaping land-use change warrants further study. We evaluate the impact of county-level zoning laws, the most predominant land use policy in the USA, and land rents on the relative amounts of forest, agricultural, and developed land, while controlling for demographic information and taxation rates. Over the past decades, southern Indiana has experienced forest regrowth on private lands, but this regrowth has declined in recent years with increased conversion of open space for urban residential development. We develop a model of land-use shares in 40 southern Indiana counties based on the net benefits to agriculture, forestland, and urban uses using a maximum likelihood estimation of a Dirichlet distribution. We find agricultural land rent and indicators of land productivity are the most important predictors of the proportion of agriculture and urban uses. Forest use is better explained by shifting regional economic structure and hilly terrain. Counties with a greater proportion of their work force in the service sectors have a greater proportion of land forested. Finally, to some extent zoning may protect agricultural land in the region, although land rents, land characteristics, and population are strong predictors of the ratio of agriculture to urban use.     

美国城市土地管理及对北京的借鉴

认为美国的城市土地管理具有良好的法律基础.注重将土地资源利用与资源节约、提升城市生活水平与控制城市规模相结合;介绍了美国城市土地管理的三大手段:行政分区、市场机制与规划.     

A study of zoning for energy security in China

As a result of more and more serious energy risks, the study of national energy security zoning is not only the basic requirement of energy risk management but also the new demand of economic development for the energy industry. Firstly, this paper analyzes the basic situation of energy resources and production and consumption of primary. energy from 1996 to 2005 in China. Secondly; this paper founds an Energy Security Index System formed by six indices including the percentage of energy reserves, interlocal dependent degree, energy elasticity coefficient and so on. It subsequently calculates the weight of these indices with the factor analysis rating method Lastly, the paper evaluates and zones the abilities of energy security of 30 provinces in China with the grey chuster method According to their security; the 30 provinces are classified into three different levels： high, medium, and low levels. The regions at low energy security level include Beijing, Shanghai, Zhejiang, Fujian, Guangdong, Guangxi and Hainan. They are mainly littoral and short of primary energy production while mostly dependent on other provinces. Those at medium energy security level include 15 provinces （cities or districts）, such as Liaoning, Tianjin, Hebei, Shandong, Henan, Hunan and so on. These provinces are in the northeast, north, east of and central China. Those at high energy security level contain Shanxi. lnner Mongolia, Heilongjiang, Jilin, Chongqing, Sichuan, Shaanxi. Xinjiang. These provinces are the main primary energy production bases.     

Towards an understanding of proactive upzoning globally and in South Africa

Upzoning typically occurs as a passive process whereby landowners approach the municipality for a change of rights. Proactive upzoning, where a municipality takes the initiative to increase the rights assigned to land in its jurisdiction, can be a powerful tool to encourage development to occur in line with municipal policies. This paper firstly describes the various approaches used to achieve proactive upzoning. The focus then shifts to understanding examples of proactive upzoning in South(ern) Africa, which provide examples of policy transfer of ideas, primarily from the Northern into a Southern context. Four key lessons are identified from this discussion. Firstly, proactive upzoning can affect the poor negatively or positively, depending on the design of the initiative. Secondly, from South African experience, it is clear that there is a danger of proactive upzoning examples from the North being copied almost verbatim and applied in a Southern context, despite the considerable differences in context. Thirdly, there is a need to ensure that initiatives are in line with market dynamics, to avoid ‘wasted’ infrastructure investment. Fourthly, proactive upzoning often just considers zoning schemes’ rights, whereas the land development process can face a slew of regulatory constraints beyond the zoning scheme.     

Zoning plan-based legal confiscation without expropriation in Turkey in light of ECHR decisions

The right to property is a fundamental human right guaranteed by international conventions. In countries like Turkey, where the principles of private ownership apply, this right is guaranteed by laws. The right to property may be restricted by law only in the case of public interest. Nevertheless, the right of ownership of immovable property can be transferred to the public authority only with payment. However, in some cases, a person's immovable property may be de facto converted into a public facility without expropriation. This process is called “confiscation without expropriation”. This concept was introduced into the Turkish Legal System in 1956 by the unauthorized conversion of immovable property for a road. Today, especially in planned areas, a different type of confiscation without expropriation is often seen. Zoning plans are known to be public tools that reorganize properties in public interest. However, the uncertainty in the implementation process of these plans negatively affects the owners of parcels reserved for public use in the zoning plan. This situation is defined in terminology as “legal confiscation without expropriation”. In this study, the subject has been discussed in the light of the European Court of Human Rights (ECHR) decisions and Turkish judicial decisions, and which institutions are responsible for what kind of zoning functions within zoning plans have been investigated. Official (ex officio) applications and voluntary applications have been compared. Conceptual illustrations on the subject have been prepared. According to the results obtained from the study, it has been stated that all public spaces in the zoning plan are not subject to legal confiscation. Due to their location or characteristics, protected areas, unsuitable geological areas and parcels remaining in agricultural areas can be allocated as public spaces in the zoning plan. In such a case, it is not possible to say that there is legal confiscation. In terms of plan classification, there may be legal confiscation in areas if only a 1/1000-scale implementary zoning plan is in practice. As a solution for legal confiscation, land and real estate arrangements should be made ex officio and without delay. In addition to this, alternative models are also needed. Otherwise, public institutions will be subject to severe financial burdens. Some of the proposals include: granting construction right to zone cadastral parcels affecting public facility areas, or granting the right to construct all cadastral parcels in the plan in specified amounts and also developing a zoning right transfer system.     

Zoning effects on housing change vary with income,based on a four-decade panel model after propensity score matching

Zoning is one of the oldest policy tools for regulating private land use, but its effect on housing change is disputed. We define housing change as the difference over time in the number of housing units in a given jurisdiction. We conducted a cross-jurisdictional study of zoning effects on housing change, comparing zoned and unzoned townships in Michigan, USA (n = 709) after propensity score matching. Four-decade (1970–2010) panel models predicted zoned townships to have on average 2.2% fewer housing units a decade after zoning adoption compared to similar unzoned townships, but this effect was tempered by other variables. Higher-income townships had more housing units a decade after zoning adoption compared to higher-income unzoned townships, whereas lower-income townships with zoning had fewer housing units than similar unzoned townships. This study highlights the heterogeneous effects of zoning on rural and exurban housing change.     

Developing an appropriate land use methodology to promote spatially just,formal retail areas in developing countries: The case of the City of Cape Town,South Africa

South African scholars have increasingly recognized that the prevailing management system for land use is one not relevant to the current spatial needs of the country's settlements. These include, in particular, the need to create sustainable, spatially just and resilient settlements and to develop land in a manner that promotes efficient urban development. The debate in the South African literature on land use management has, with a few notable exceptions, yet to venture into the specific mechanics of how to fix this system, ways the system can be used to create a spatially just urban form, or its applicability in formal retail areas.This paper addresses these questions within the context of formal retail areas and the zoning category that these are typically found in, namely that of the General Business zone. This paper initially investigates the current exclusionary nature of formal retail areas in the context of South Africa and within Cape Town and how this is linked to the more macro patterns of spatial exclusion within Cape Town. It is argued that within the context of Cape Town there is a need to focus on both commercial, particularly formal retail, as well as residential, areas with regard to the project of creating a more spatially just city. It is subsequently demonstrated, firstly, how zoning scheme provisions could be used as a mechanism to address these patterns of exclusion in formal retail areas, specifically exploring provisions that would encourage inclusion of informal and microenterprises within shopping malls. Secondly, it is demonstrated how provisions can be included that create a safer and more inviting environment for public transport users and poorer employees and consumers, in formal retail areas.The contribution of this paper is to initiate a long overdue conversation regarding the relationship between land use management and social justice within a developing world context, and in formal retail areas, and aims to set out ways in which land use management can be made more relevant; both for South African cities and cities in other developing countries.