Land management in the United States

下面为大家整理一篇优秀的assignment代写范文- Land management in the United States，供大家参考学习，这篇论文讨论了美国的土地管理。分区制是美国地方政府进行土地管理的基本方法，是地方政府在土地规划和管理的实践中，通过批准一块土地具有与另一块土地不同的用途，并用地图表示出来而形成的。这种方法既可以确定土地的不同用途，也可以规范一个区域内土地开发和建设的性质和范围。由此可以看出，分区制土地管理制度不涉及土地的所有权性质，它所规范的主要是土地的使用权。

Responsibility for land management in the United States rests primarily with local governments. The United States practices private ownership of land. However, in the planning and management of land, local governments often have more power than private property rights. This is not to say that local government can be deprived of private property rights, like some of China's local governments or, go directly to requisition land, but said that the local government in the maintenance of the natural attribute of land, in protecting the natural environment and historical and cultural heritage, can through the local legislation, to limit of land owned by the private or company for its improper development, caused to the local natural environment, to prevent the destruction of the cultural and historical tradition.

"Zoning system" is the basic method for local governments in developed market economies including the United States to conduct land management. It is formed by local governments in the practice of land planning and management by approving a piece of land to have different USES from another piece of land and showing it with maps. This method can not only determine the different USES of land, but also regulate the nature and scope of land development and construction within a region. It can be seen that the "zoning" land management system does not involve the nature of land ownership, but mainly regulates the right to use land.

The first comprehensive zoning land management law in the United States was enacted in New York City in 1916. In 1916, a "fairness building" was built in lower Manhattan. The height of this building not only exceeds the adjacent buildings, occupying all the land area within the boundary of its land ownership, but also affects the lighting of the adjacent buildings, which has aroused a wide discussion in New York City. The result of this discussion was the first comprehensive zoning land management law in American history. This led by Edward barca's lawyer law put forward by the committee, not only from the specification the land management in New York City, and they set the partition of land management standards act, in 1924 and adopted by the federal government, ministry of commerce issued, as the rest of the United States government land management model, the basset is regarded as "the founders of" zoning the land administration law.

New York City divides the city into three main functional areas: residential, commercial and industrial. These three functional areas are further divided into low-density, medium-density and high-density residential areas, commercial areas and industrial areas. Any district can change certain characteristics of its zoning for special purposes to meet the needs of its residents. For example, some streets planned for residential areas may also have retail areas serving the daily needs of residents. These adjustments are carried out by administrative organizations within the district.

In a land use dispute case in 1926, the Supreme Court of the United States upheld the zoning administration of land by local governments, thus confirming the legitimacy of zoning administration for the first time at the constitutional level. In the 1920s, ambler properties owned 68 acres of land in Euclid, a suburb of Cleveland, Ohio, which it planned to develop industrially. But several years ago, the local government enacted and passed a law on zoning land management, which determined that the land could not be used for industrial purposes. The local residents also believed that such land development would affect the original natural environment, cultural traditions and life of Euclid town. The local government vetoed ambler's development under zoning laws. Thus ambler will Euclid's local government to court house property company, think that the local government's decision violated the constitution of the United States in the fifth amendment of "private property can not be in the absence of compensation for public purpose", make they own land value decreased, damaged their economic interests, the compensation for the local government. Although grassroots courts supported ambler property company claims, but in 1926 the Supreme Court corrected the grass-roots court decision, think zoning of land administration of local government in accordance with the constitution of the United States in the fourteenth amendment, in respect of the provision of the "equal protection" and ambler real estate company also no clear evidence to prove that they have the land value, and suffered economic losses.

This is a milestone in the history of zoning land management in the United States, and is the last major case of zoning land management ever brought before the Supreme Court. Since then, no similar cases have occurred in the United States. In the late 1960s, though, America's civil-rights advocates argued that zoning laws were unconstitutional because they excluded low-income families and discriminated against minorities. But America's Supreme Court upheld both zoning and the rights of private property owners. Historically, courts have generally distinguished between private property rights and civil rights and considered the former more important than the latter.

Zoning land management laws enacted by local governments in the United States are the result of cooperation between the government and communities. And changing the function of land must also be achieved through consultation with the public and legislation. This is also known as the "bottom line of the rule" : local governments, residents' groups, non-governmental organizations and developers should work together to achieve this goal. It should not only be in line with the actual situation, but also be open, fair and transparent.

In Cleveland, Ohio, council rules require land developers to volunteer for zoning changes, but residents of the greater Cleveland area vote on whether to approve the development in a referendum. Between 1971 and 1972, 21 local governments in cuyahonga passed laws requiring referendums on land-use change. This gives people direct control over land use and enables them to reject unwanted land development, thus protecting the quality of life of local communities and protecting the environment from damage. In stuyvesville, for example,

From 1971 to 1977, residents rejected 10 of the 11 applications to change single-family residential areas into multi-family residential areas. In the greater Cleveland area, only l of the 15 applications for multifamily housing projects were approved during the same period. Of the 28 applications for changing the nature of land use, only two passed the referendum.

The above facts, on the one hand, show that the status and role of community residents in the land management process is increasingly obvious, on the other hand, also show that between the protection of private property and the protection of regional characteristics, zoning land management will become the focus of local political and economic contradictions and conflicts. In fact, when hearing such cases, American courts are also maintaining a balance: courts should protect not only private land property rights, but also the natural environment and cultural and historical traditions of the community. Through the trial of the cases, both sides can exercise their rights within their own power boundaries and avoid going beyond the balance point of mutual restriction.

It can be said that without the broad participation and supervision of the public, there would be no dominant power of local governments over land management. In the land management and development, the local government ACTS as an arbiter of the relationship between the market economy order, developers and residents. He is a referee, not an athlete. The government is not involved in land sales and expropriation activities. Even in local economic development, governments are planners and guides, not investors and builders. However, the participation and supervision of the public are essential for the government to fulfill such a responsibility. Such participation not only exists in the formulation process of land management laws, but also in the implementation process of laws, the revision process of laws and the decision-making process of the government on land.

In howwood county, Maryland, the zoning land management act provides specific ways for people to participate in local land development decisions.

First, when a landowner plans to develop his or her land commercially, he or she is legally obliged to hold a meeting with the community to solicit their views on the proposed development.

On this basis, the land development plan is submitted to the local council and the executive branch of the government for review. The review process will take up to 45 days and will be revised and supplemented according to the views of residents and members of parliament.

The revised plan calls for public comment for three to four weeks. During this period, residents can express their opinions through letters, emails and telephone calls.

The development plan formed on this basis shall be open to the public at a hearing held by the planning department of the local government. At the same time, the land planning for the proposed development shall be adjusted according to the zoning system and subject to the review of relevant departments such as roads, flood control management, water supply and drainage, etc. for a maximum period of 60 days.

From the start of the hearing, the final development plan should be formed within 120 days. Landowners and developers should reach an agreement and sign a contract. The government will approve the development within 180 days, starting with a hearing.

Carbondale, in southern central Illinois, has more than 26,000 residents. This is a typical agricultural community. 35.8% of the urban area is agricultural land, and 19.7% is natural protection land, which adds up to 55.5%. Other urban and rural residential areas cover 19.6%; Urban and rural commercial land 3.7%; Industrial land 3.6%; Public institutional sites 13.6%; Park 2.3%; Unused land 1.7%.

The city in the formulation of zoning land planning, has been clear: in the urban area, mainly do a good job in the central area of the centralized development; In the urban areas along the highway, the main development of single housing and single-family housing, built along the road commercial facilities; In the suburbs, the main development around the main urban area covers an area of large single-family residential; In rural areas, the natural environment and agricultural land should be protected to surround the city with greenery.

At the same time, the city has created multiple channels for citizens to participate in land management. This mainly includes three plans: one is the public communication plan; Second, internal communication plan; Third, the public participation plan. The three plans are partially overlapping to ensure communication between residents and government officials. The most important of these were five meetings.

The committee is composed of elected or appointed government officials and representatives of residents, businesses and landowners, and meets regularly with government advisers. These meetings are open to all members of the public and are open for free participation. The meetings are held in advance and posted on the website.

Government officials will conduct targeted interviews with residents, businesses and landowners involved in the development of the project to get their views on the project plan and implementation process.

At a community forum held on March 26, 2009, officials and residents discussed Carbondale's integrated development plan and implementation steps. This type of meeting can help government officials to collect residents' opinions and Suggestions, and can also listen to people's opinions more widely.

The city council mid-term briefing, held on 21 July 2009, indicated that the city council was not only the approval body for the project, but also a major participant in its implementation.

At such meetings, held in November 2009, the local government's integrated planning review committee, city councillors and planning departments were invited to discuss the land management of the project with the public and listen to their feedback. The analysis also discussed the city's medium - and long-term development plans, which were incorporated into the government's formal planning bill.

Although China's national conditions are quite different from the United States, the practice of local governments in developed market economy countries in land management can still give us some enlightenment, because China is currently taking the road of market economy.

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