Preferential Acquisition of Development Rights

by Steven J. Foute, Grad. Student/Teaching Asst.; Grad. Program in Environmental Sci., Univ. of Texas-Dallas, Richardson, Tex.,

Serial Information: Journal of the Urban Planning and Development Division, 1978, Vol. 104, Issue 1, Pg. 41-46

Document Type: Journal Paper


An alternative land management and controlling growth mechanism has been developed that seeks to achieve orderly development at the urban/rural fringe of metropolitan areas experiencing rampant growth. Past and current land management techniques were reviewed to determine why they have not promoted a controlled, compatible land use pattern. The definition of property rights is a key point relative to adjusting urban growth to a finite land supply. The alternative addresses a land management process that, when implemented, should allow the maximum amount of citizen participation, minimize speculation and vested interests, reinforce statutory eminent domain prerogatives, and leave the landowner with the maximum amount of property rights possible under growth pressures. Some form of Federal land use mandate is imminent in the future. Section 208 of PL 92-500 already is being viewed as a potentially powerful implicit land use mandate. Implementation of a pragmatic land use control technique needs to occur before regulation is required at the Federal level.

Subject Headings: Land use | Federal government | Ramps (road) | Terminology and definition

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