California Preservation Regulatory System

In 1969, Massachusetts fashioned the law 40B, famously referred to as the “Anti-Snob Zoning Act”, which allows developers to bypass land use restrictions in towns where less than ten percent of the housing meets the state definition of affordable. There are multiple positions and solutions to friction in Massachusetts largely inspired by controversy surrounding the State's affordable housing law, Massachusetts General Laws chapter 40B between housing advocates and open space advocates. This thesis reviews and critiques the current law, and diagnoses various legislative proposals for the progressive feud.

The legislative framework of a country refers to the process of creating, utilization, and governing of laws. In the United States, the government of each of the 50 states is structured in accordance with their respective constitution and although not required, each are modeled after the federal government, consisting of the three branches: Executive, Legislative, and Judicial. Each of the state governments are also organized as a presidential system where the governor is the head of the state. Due to each state having their own governor as their representative, their legislative framework will vary with each state. For this paper, I will be comparing the legislative framework of Florida with the state of California.

The New Deal and the Great Society had the common goal to preserve America’s natural beauty. The New Deal program established the Civilian Conservation Corps (CCC), which was a youth program that worked to enhance the environment by doing jobs like clearing swamps, planting trees, and other conservation efforts (Catapano 1). The Great Society’s Highway Beautification Act was signed in 1965 to fund projects that helped to clean the nation’s highways and clear damage and litter (“Great Society”

Amongst topics of conversation regarding eminent domain, one will find regulatory usage of land, seizing of land for public use, and the most controversial of late, the seizing of land from a private owner and giving it to a more economically beneficial, often politically connected private owner. Kelo v New London (US 2005), has prompted dozens of proposals to reform eminent domain practices legislatively. Most of these proposals would restrict the use of eminent domain to transfer property from one private individual to another. It is one thing to have a city claim property to further the development of the city by building roads, schools, etc. It is another thing altogether for the government to seize a property so as to gain money from higher taxation. For many years, however, courts have read the public-use restraint broadly, enabling governments to take property from one owner, often small and powerless, and transfer it to another, often large and politically connected, all in the name of economic development, urban renewal, or job creation.

This section helped to learn more about zoning by-law and how the construction in the city is under control.

In my opinion the laws that need the must reworking is the National Historic Preservation Act of 1966, more specifically section 106. While section 106 is a good attempt at this issue it falls short in many situations (Brashler 2016: 33). One issues is that it only applies to federal land or federally funded projects. In America we have a huge emphasis on private land ownership and individual property. This

One of America’s greatest conservation achievements is the Wilderness Act of 1964. Fifty-two years later, this act has a legacy to withhold. A legacy that meant something in 1964 and remains the same today: to protect unspoiled land. Even though, through this act millions of acres have been conserved, the key word is continue. That is why America should pass laws to preserve the wilderness before developers spoil them.

First, rezoning action is quasi-judicial in nature, subject to strict scrutiny on certiorari review. Second, a landowner who demonstrates that proposed use of the property is consistent with comprehensive plan is not presumptively entitled to such use. Third, a landowner seeking to rezone a property has burden of proving that proposal is consistent with the comprehensive plan, and consequently burden shifts to the zoning board to demonstrate legitimate public purpose of maintaining existing zoning classification. Finally, the board is not

The future of California is pretty good, for the state is projected to see growth in almost every sector of the economy as well as the population, but there are many concerns that must be addressed first in order to see California’s growth come to fruition. International trade and business is one of California’s largest industries and it’s expected to continue increasing, for many emerging economies are also located off of the Pacific Ocean. Growth in the economy is good, but requires resources that California has a limited supply of. The main resource California always needs is water, since most of the state’s population resides in the southern regions, which are arid and receive minimal precipitation annually. The state is planning on improving efficiency and the aqueduct system to increase the water supply while decrease the environmental effects California’s aqueduct’s have on regions like the San Joaquin River Delta. For many years California has been considered a very liberal and left state, which is due to the fact that the state has the toughest environmental legislation in the country. With such strong legislation ensuring the protection of the environment California has become a model state in the fight against climate change, and must remain vigilant for there are numerous species endemic to the state that are found nowhere else on the planet. Though there are numerous other factors’ affecting California’s future these are some of the most interesting areas to

Individual rights versus the good of the community, is an issue that American has struggled with for a long time. In addition, the case of Lucas v. South Carolina Coastal Council Mr. Lucas contended that his two beautiful but fragile beachfront properties located in Barrier Islands were made worthless by the passage of the Beachfront Management Act. According to the Supreme Court, the Coastal Council was simply using its “police powers” to “protect our state’s unstable coastline from further erosion caused by construction.” (South Carolina Tribune)

The California Postsecondary Education Commission was granted puissant duties and powers in 1974, after replacing the Coordinating Council for Higher Education (Education Commission of the States, 2016). The commission does not serve as a governing board but as an advisory committee to the House of Representatives, governor, and higher education institutions, with matters paramount to education policies (Education Commission of States, 2016). The commission holds the authority to review state public and private higher education institutions financial records, budgets, academic programs and provide recommendations for campus expansions. However, the primary function of the commission is to coordinate practices that prevent redundancy within the education divisions (Education Commission of States, 2016). The focus of the commission is driven by the state’s strategic work plan, for which goals are established targeting institutional areas of concern.

Residents of the land, now “condemned” challenged the City’s authority. When the Supreme Court decided Kelo, it began of an evolving set of tensions across the United States over defining “public use.” Many state legislatures banned eminent domain for economic development or several other specific authorized public uses. (A&M)

From the end of the Second World War to the present day, California strengthened its area as a political, social, and cultural trendsetter. California is also extraordinary than most other states because of its diversity in the people and climate. California’s diverse topographical features such as, the rainfall, temperature and sunlight vary throughout the state. The seasons also vary in California changing the areas climate. Since the beginning of European settlement in California, climate has become increasingly important in shaping the state’s economy (Osborne, 6).

The paper I am doing an overview on is Fire Escape Codes In Historic Buildings by Jeff T. Johnson. Johnson focuses on a town in Rhode Island called Pawtucket. In 1793, America’s first textile mill was built, but decades later there were 100 other mills constructed. By the 1940’s, most of these mills were abandoned and out of shape until Rhode Island passed it’s Historic Preservation Tac Credit. The reason for this shift in the 1940’s was because after World War II, textile mills moved south for cheaper labor. This then turned these old mills into residential homes relying on adequate fire escapes. Then Johnson brings up Richard Moe who is the President of the National Trust for Historic Preservation. He brings up

Environmentalism has always been two sided. Nature versus urban. locals versus national. Frequently, large tracts of public and federal land are bought and developed by industry. Pristine wilderness turned to bustling epicenters of human activity, all in the name of progress and economic growth. This tale of preserving natural wilderness is one that begins with John Muir, an advocate against the taming of Yosemite national park and the Hetch-Hetchy reservoir, while the head of the US Forest Service, Gifford Pinchot, insisted on the reservoir to supply the city of San Francisco with water. This timeless epic of conservation or preservation brings us to the Jumbo Valley, a vast expanse of uninhabited, pristine wilderness home to diverse