Land Use Management
NCSL tracks land use management issues such as brownfields, eminent domain, healthy community design and military installation sustainability/encroachment.
Brownfields are typically abandoned or underused commercial and industrial properties that contain some contamination that may affect their future constructive use. Once cleaned up to acceptable environmental standards, brownfields can become viable economic development centers, attracting growth that may otherwise spill out onto the urban-rural fringe. The main obstacles to brownfields cleanup and redevelopment are liability concerns of prospective property owners and developers; insufficient financial incentives to make the necessary cleanup and redevelopment investments; and lack of institutional controls that ensure sites are cleaned up to levels based on future use.
Eminent domain is the physical taking of private property by government for a public use requiring just compensation. It traditionally has been associated with public facilities such as government buildings, roads and reservoirs. There has been increasing interest in its use by local governments struggling to generate jobs and tax revenue for economic development projects that may benefit a community but also confer significant benefits on private parties. NCSL's Environment, Energy and Transportation Program is tracking state eminent domain legislation in response to the U.S. Supreme Court's decision in Kelo v. New London (June 23, 2005), which upheld the use of eminent domain for economic development purposes. The legislation primarily addresses questions of whether eminent domain should be authorized, restricted or prohibited for economic development purposes, and what constitutes "public use" under state law.
Healthy Community Design links public health benefits to community design. State and local governments are increasingly seeing the value of incorporating walking and biking opportunities and access to healthy foods into land use, transportation, education, agriculture and health policies. “Healthy community design” means designing and planning for development that achieves health goals in addition to other community goals, such as urban revitalization or affordable housing. In healthy communities, residents and policymakers collaborate to make decisions about how the communities will change and/or grow in ways that allow people to choose healthy behaviors. These decisions include where schools and markets that offer healthy foods are located, how much green space and farmland are conserved, and the transportation options that are available. Legislation addressing healthy community design can be tracked on NCSL's Healthy Community Design Legislative database.
Military Installation Sustainability/Encroachment - The intent of NCSL's Military Installation Sustainability Program is to inform state legislators and military personnel of policy options to balance the growth needs of communities and the training and security needs of nearby military facilities. It seeks to highlight strategies for dealing with the unique challenges a defense community faces, including encroachment and joint land use, clean energy and environmental protection, and joint planning and cost-sharing for future mission changes. |
