Abstract

http://ssrn.com/abstract=2424280
 


 



Making 'Smart Growth' Smarter


Steve Calandrillo


University of Washington - School of Law

Chryssa V. Deliganis


Principal, Calandrillo & Deliganis, A.B.; Harvard Law School (1998), J.D.; University of California Berkelely (1994), A.B.

Andrea Woods


University of Washington - School of Law

April 12, 2014

George Washington Law Review, Forthcoming
University of Washington School of Law Research Paper 2014-12

Abstract:     
The "smart growth" movement has had a significant influence on land use regulation over the past few decades, and promises to offer the antidote to suburban sprawl. But states and local governments that once enthusiastically touted smart growth legislation are beginning to confront unforeseen obstacles and unintended consequences resulting from their new policies. This Article explores the impact of growth management acts on private property rights, noting the inevitable and growing conflicts between the two sides that legislatures and courts are now being asked to sort out. It assesses the problems with creating truly intelligent urban growth, ranging from political motivations to inconsistent judicial determinations to NIMBYs to constitutional takings jurisprudence.

This Article predicts dramatically increased land use litigation as the likely result of smart growth legislation in the coming decades unless legislatures and courts enact sensible reforms today. If we want "smart growth" to live up to its name, we must remove it from local politics, get serious about consistently enforcing urban growth boundaries or priority funding areas, and even consider reforming America’s individualistic notion of private property rights as we know it.

Number of Pages in PDF File: 56

Keywords: land use planning, growth management, zoning, Washington State, Florida, Oregon, Maryland

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Date posted: April 21, 2014 ; Last revised: April 29, 2014

Suggested Citation

Calandrillo, Steve and Deliganis, Chryssa V. and Woods, Andrea, Making 'Smart Growth' Smarter (April 12, 2014). George Washington Law Review, Forthcoming; University of Washington School of Law Research Paper 2014-12. Available at SSRN: http://ssrn.com/abstract=2424280

Contact Information

Steve Calandrillo (Contact Author)
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98195-3020
United States
206-685-2403 (Phone)
HOME PAGE: http://www.law.washington.edu/Faculty/Calandrillo/

Chryssa V. Deliganis
Principal, Calandrillo & Deliganis, A.B. ( email )
19023 11th Ave NW
Shoreline, WA 98177-2610
United States
206-569-4736 (Phone)
Harvard Law School (1998), J.D. ( email )
5163 Massachusetts Ave
Cambridge, MA 02138
United States
University of California Berkelely (1994), A.B.
215 Boalt Hall
Berkeley, CA 94720-7200
United States
Andrea Woods
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
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