Carrying out the city plan
RUSSELL SAGE FOUNDATION
THE PRACTICAL APPLICATION OF AMERICAN LAW IN THE EXECUTION OF CITY PLANS
By FLAVEL SHURTLEFF OF THE BOSTON BAR
In Collaboration with FREDERICK LAW OLMSTED FELLOW AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS
NEW YORK SURVEY ASSOCIATES, INC. MCMXIV
The reason for preparing this book is the astonishing variation in the practical efficiency of methods actually employed and prescribed by law or legal custom in different parts of the United States in acquiring land for public purposes, in distributing the cost of public improvements, and in other proceedings essential to the proper shaping of our growing cities to the needs of their inhabitants. Mere variation in method would be of little more than academic interest in itself, but variations that result in obstructing the path of progress in one community and clearing it in another are of large practical importance. The extent and significance of these practical variations have impressed themselves more and more strongly on the writer in the course of an extended practice as a landscape architect, especially in connection with the design and execution of such municipal improvements as parks, playgrounds, public squares, parkways, streets, the placing of public buildings and the improvement of their grounds. Even more notable than the variation in method and in relative efficiency has been the close preoccupation of public officials, especially in the city law departments, with the constantly recurring problem of finding the way of least resistance for navigating a specific improvement through the maze of obstacles imposed by the existing local legal situation, accompanied by an almost fatalistic acceptance of these obstacles as a permanent condition. There has been evident in most cities a very limited acquaintance with conditions and methods to be found elsewhere, and a general lack of strong constructive effort for the improvement of the local conditions and methods on the basis of general experience. Of late years, however, there has been a growing tendency to break away from this indifference and to face these problems in a larger spirit.
Flavel Shurtleff
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INTRODUCTION
FOOTNOTES:
THE RIGHT OF A MUNICIPALITY TO ACQUIRE AND HOLD LAND
METHODS OF ACQUIRING LAND
RESTRICTION TO A SPECIFIC USE
THE ACQUISITION OF LAND FOR A RESERVE ACCOUNT
THE ACQUISITION OF LAND FOR AN ESTHETIC PURPOSE
FOOTNOTES:
PROCEDURE IN THE CONDEMNATION OF LAND
PROVISIONS FOR NOTICE AND HEARING
THE TRIBUNAL
CONCLUSIONS
FOOTNOTES:
DEVICES EQUIVALENT TO BORROWING OUTSIDE THE DEBT LIMIT
SPECIAL ASSESSMENTS
THE RELATION OF SPECIAL ASSESSMENTS TO AWARDS FOR LAND TAKINGS
THE EFFICACY OF SPECIAL ASSESSMENTS
CONCLUSION
FOOTNOTES:
THE HISTORY OF EXCESS CONDEMNATION IN THE UNITED STATES
THE CONSTITUTIONALITY OF EXCESS TAKING
THE EXPEDIENCY OF ADOPTING IN THE UNITED STATES THE EXCESS CONDEMNATION PRINCIPLE
CONCLUSIONS
FOOTNOTES:
LIMITATIONS ON THE DEGREE TO WHICH THE INTENSIVE USE OF LAND MAY BE CARRIED
LIMITATIONS ON THE DEGREE TO WHICH THE OFFENSIVE USE OF LAND MAY BE CARRIED
OTHER METHODS OF CONTROL
CONCLUSION
FOOTNOTES:
THE CONTROL OF STREET LAY-OUT BY ADMINISTRATIVE PRESSURE
PLANNING OF PUBLIC WORK OTHER THAN STREETS
PLANNING COMMISSIONS
FOOTNOTES:
I. RESTRICTIONS ON THE USE OF LAND
II. PROCEDURE IN ACQUIRING LAND BY CONDEMNATION AND IN ASSESSING BENEFITS
III. EXCESS CONDEMNATION
IV. LEGISLATION CREATING PLANNING AGENCIES
FOOTNOTES:
INDEX