State Land Use Planning Process Issues by Kenneth J. Dueker and Richard Talcott, June 1975

(1975) State Land Use Planning Process Issues by Kenneth J. Dueker and Richard Talcott, June 1975. University of Iowa

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Abstract

As our society becomes more technology oriented and the scale and intensity of our activities increase, wide spread environmental interdependencies become more evident. This leads to a proliferation of confrontations among competing private and public interest, leading to and involving an increasing role for governmental intervention. Increasingly, the courts a re confronted with the fact that conflict resolution via traditional common law doctrines, such as a nuisance doctrine, are increasingly inadequate means of influencing land use decisions. Conflict avoidance becomes necessary and this requires expanded legislative and administrative agency participation in land use conflict situations. The governmental role in land use allocation decision making is shifting from conflict resolution to conflict avoidance in response to the increased complexity and potential impacts of that decision making process; and in response to new conceptions of the nature of land. Consequently, the federal and state role in land use planning is increasing and the emergence of a statewide land use planning process will occur and will bring forth data and system requirements. The process and its requirements must be anticipated.