Economic Analysis of Law
This project is done as a semester project, as a part of course titled “Economic Analysis of LaW’. We are really thankful to our course instructor DRP P. M. Parkas, Assistant Professor, Department of Humanities and Social Sciences, Indian Institute of Technology, Kanata, for his invaluable guidance and assistance, without which the accomplishment of the task would have never been possible.
We also thank him for giving this opportunity to explore into the real world and realize the interrelation of Law and Economics, without which a society can never progress. In our present project we have chosen the topic- “Urban Land Use, Planning and Development” and a case study of the same is done for Kanata city, one of the famous cities of Attar Pradesh, India. This report contains an over view of Zoning regulations of Kanata and the Land Development Acts under which an effective planning and development of land can be performed.
Planning that also includes outlying communities and highway is termed regional planning. In contrast to traditional planning, which concentrated on improving the physical aspects of buildings and streets, modern city planning is increasingly concerned with the social and economic aspects of city living. The process of city planning
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City planners are usually part of an urban planning board or governmental agency that must take into account the characteristics and long-range welfare of the people of a particular urban community? their employment opportunities, income levels, need for transportation, schools, shopping areas, hospitals, parks and recreational facilities. They must face the problems of traffic, congestion, and pollution; they must also consider the availability of police, fire, and sanitation services, the limitations posed by zoning and other regulations, and the problems of funding.
In recent years, students of many communities have demanded greater participation in the planning of their own neighborhoods, and some planners have worked closely with community groups during various stages of the planning process. Planners develop long- and short-term plans to use land for the growth and revitalization of urban, suburban, and rural communities, while helping local officials make decisions concerning social, economic, and environmental problems. Because local governments employ the majority of urban and regional planners, they often are referred to as community, regional, or city planners.
Planners promote the best use of a community’s land and resources for residential, commercial, institutional, and recreational purposes. Planners may be involved in various other activities, including making decisions relating to establishing alternative public transportation systems, developing resources, and protecting ecologically sensitive regions. Urban and regional planners address issues such as traffic congestion, air pollution, and the effects of growth and change on a community.
They may formulate plans relating to the construction of new school buildings, public housing, or other kinds of infrastructure. Some planners re involved in environmental issues ranging from pollution control to wetland preservation, forest conservation, and the location of new landfills. Planners also may be involved in drafting legislation on environmental, social, and economic issues, such as sheltering the homeless, planning a new park, or meeting the demand for new correctional facilities.
Planners examine proposed community facilities, such as schools, to be sure that these facilities will meet the changing demands placed upon them over t 3 ‘me. They keep abreast of economic and legal issues involved in zoning codes, building codes, and environmental regulations. They ensure that builders and developers follow these codes and regulations. Planners also deal with land-use issues created by population movements. For example, as suburban growth and economic development create more new Jobs outside cities, the need for public transportation that enables workers to get to those Jobs increases.
In response, planners develop transportation models and explain their details to planning boards and the general public. We all want to live in nice communities that become better and better with every new “development,” yet many people are dissatisfied with the way their communities are evolving. During 12 years of meetings with boards, neighborhood groups, developers, and environmental groups, the Smarter Land Use Project discovered a new way of thinking about land development.
Smarter Land Use results when project development is specifically designed to benefit its adjacent human and wildlife communities. It is the happy result of a smarter land development process. We all live on land that has been developed. Humans change the environment that nature provides in an effort to have more comfort, security, and beauty. Our ancestors were smart enough to build houses, farms, trails, and workplaces. Our towns are enriched by libraries, theaters, playgrounds, and meeting places. 4 2.
LAND USE PLANNING Land Use Planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient way. Despite confusing nomenclature, the essential function of planning remains the same whatever term is applied. The Canadian Planners Association offers a definition that; “[Land Use] Planning means the scientific, aesthetic, and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic ND social efficiency, health and well-being of urban and rural communities” .
Land Use Planning encompasses the following disciplines: Architecture Environmental planning Landscape Architecture Regional Planning Spatial planning Sustainable Development Transportation Planning Urban design Urban planning Urban Renaissance Urban renewal Architecture, urban design, urban planning, landscape architecture and urban renewal usually address the selection of physical layout, scale of development, aesthetics, costs of alternatives and selection of building materials and landscape species.
Environmental planning usually implies the use of tools to forecast impacts of development decisions including roadway noise computer models, roadway air dispersion models and urban surface runt computer models. Urban Planning Urban, city, or town planning is the discipline of land use planning which deals with the physical, social, and economic development of metropolitan regions, municipalities and neighborhoods. Other professions deal in more detail with a smaller scale of development, namely architecture, landscape architecture and urban design.
Regional planning deals with a still larger environment, at a less detailed bevel. Historically, urban development was more often a haphazard, incremental event than a deliberate planned process. In the nineteenth century, urban planning became influenced by the newly formalized disciplines of architecture and civil engineering, which began to 5 codify both rational and stylistic approaches to solving city problems through physical design.
However, a number of broad critiques of the rational planning model gained momentum after the asses (such as those of Jane Jacobs), helping to expand the domain of urban planning to include economic development planning, immunity social planning and environmental planning. Urban Design Urban design is related to urban planning, but focuses on the physical design of places through place making. The complexity of urban design requires the balance and representation of multiple fields such as architecture, landscape architecture, engineering, ecology, local history, and transport planning.
Urban design tends to suggest a serious collective concern for three-dimensional space and as much consideration for the public areas between or beneath buildings as for the buildings themselves. This would imply an understanding of micrometer; the aesthetics, environmental qualities and durability of materials; the benefits of landscaping, trees and nature in the city; suitability of maintenance arrangements; the social functions and interactions possible in urban spaces; and the wishes of likely future users.
In some approaches, Street furniture is playing a larger role in urban planning as well as increasing city income through outdoor advertising; in others, simplification of street design is being pursued, requiring signage and other street furniture to be kept to a minimum along with a lessening of the distinctions between spaces for motorized transport and people. 6 . ZONING What is Zoning? Zoning is the way the governments control the physical development of land and the kinds of uses to which each individual property may be put.
Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one Jurisdiction, but permit a mix to housing and businesses in another Jurisdiction.
Besides restricting the uses that can be made of land and buildings, zoning laws also may regulate the dimensional requirements for lots and for buildings on property located within the town, the density of development, and whether you can have pigeons, dogs, sheep or llamas. Some zoning ordinances also regulate the extraction of natural resources from land within the zoned area, others provide space for hospitals, parks, schools, and open space and still others protect places of historical significance within the community.
Some Concepts related to Zoning Variance A variance is a request to deviate from current ongoing requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law but a waiver of a certain requirement of the zoning ordinance. Examples where a variance might be apply would be to build a gazebo in the back yard, or to add a second story in a one-story zone, or to allow the owner of an odd-shaped lot to reduce slightly the setback requirements in order to fit a building.
Rezoning A change in zoning is called “rezoning”. Whether requested by a property owner or by the local overspent, rezoning changes often involve changing a parcel or parcels of land from one land use classification to another land use (I. E. , from retail use to restaurant use, agricultural use to light industrial, low density to high density). Not all rezoning proceedings are alike. But key features are consistent. For starters, it begins with an application (and payment of a fee), followed by notice to all nearby property owners.
Several open public hearings?some at the neighborhood level–are held so that area residents and government agencies can speak out their opinions and concerns. Most people seeking a rezoning retain an experienced attorney to assist them. At the public hearing, she or he would “present your case” and be prepared to handle the objections that might be expected from those who oppose your request. A lawyer will 7 also be prepared to allay the fear of opponents that the requested zoning change could hurt property values or be incompatible with the surrounding uses of nearby areas and the goals of the city’s comprehensive community plan.
Ramifications for violating zoning laws It is risky to ignore zoning rules since the ramifications for zoning violations can be brutal. Suppose, for example, that in a strictly residential-only area, you add – illegally -an extra back room in order to operate a massage business and the town and neighbors don’t notice. When you later sell your home, you cannot guarantee that the property is “up to code” and run the risk of being forced to accept a reduced price or to withdraw the home from the market.
Even if the ownership has changed hands since the illegal construction and it comes to the attention of the local authorities (perhaps through a tax assessment), the new owner could be ordered to comply with the zoning rules, pay a fine, or worse, ear down the illegal addition. Conditional use A conditional use permits a use of the property that the zoning of the property does not include. Conditional use permits are usually Justified after a public hearing and a finding that they fit with the goals of the communion master plan and are essential to the public interest.
An example to a conditional use may be a nursery school operating in a residential-use only zone or a nursery school on a lot in an area that is zoned for residential use. Subdivision A subdivision is Just what the name implies: it is dividing a single piece of property into mailer, separate pieces or lots, usually to sell as a divided piece or to allow for future development. Commonly the proposed subdivision involves a series of events that include notice and comment by the public and hearings before area residents and government officials before approval is given.
Buffer zoning Leaving a strip of land to develop a park, a small driving range, or grass and trees to separate a strictly single- family detached residential district from an apartment complex is becoming a common planning approach used by local government and developers. Down zoning It is rezoning of a track of land to less-dense uses. Examples of down zoning are prohibiting high-rise apartments and allowing only low-rise apartments or single- family homes. Another is prohibiting industrial use and allowing retail uses.
Down zoning is one 8 of the most popular tools for tightening the screws on development and curbing suburban sprawl. Esthetics zoning One of the most rapidly expanding forms of zoning is the adoption of esthetics zoning regulation by some communities. These ordinances describe what is and what is not permissible for a land owner in terms of landscaping, color schemes, mailboxes, fences, solar panels, decks, satellite dishes, hypes of materials, shapes of roof, and so forth. Esthetics zoning ordinance may require that building plans be submitted and approved by an architectural review committee before the “hammering” begins.
Contract zoning In some communities there is a practice that allows a property owner to enter into a written agreement with the local government to rezone certain areas of land, on the condition that the limitations or restrictions set by the town for those parcels are accepted by the owner. The conditions would not necessarily be applied to other similarly zoned parcels. Spot zoning Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property.
For example, a park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents. In some areas of the country the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use-zoning plan or in an overall zoning scheme for the community. Whether the exception carved out is reasonable and supported by the facts, often turns on public interest, the effect the spot zoning has on the rent uses of neighboring properties, and any ramifications created by the zoning.
Easement An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home. Right of Way A right of way is a form of an easement granted by the property owner that gives the right to travel over your land and to have the reasonable use and enjoyment of your property to there as long as it is not inconsistent Witt your use and enjoyment to the land.
These principles had their origin in traditional common law which governed, for example, the free flow of water or allowed neighboring landowners to travel over another’s property 9 (an informal “road system”). Although ownership rights of property are lessened by an easement, society at large benefits due to the additional freedom of movement. Related Problems and Issues Problem : What can be done about an obnoxious neighbor that pays his music very loud, day and night? The police have tried, but so ar nothing has worked.
Solution : You can take them to small claims court, alleging nuisance. For starters, you can rent/borrow a device to measure the sound levels at the property line and inside your house. There is probably a zoning law limiting the number of decibels your neighbor can send over the property line. In court, you should (1) Bring witnesses, (2) An audio tape, (3) Copies of your police reports (4) Evidence of the sound levels, and (5) Any other evidence you can muster. Problem : Can I convert my basement or room over my garage into an apartment? Or redesign my front walkway?
Solution : In some communities, adding or redesigning are common events and, depending on the extent of the change, are sometimes tacitly ignored and the city does not bother you, even though technically they are a zoning law infringement. (A particular common example is garage conversions to live-in rooms. ) Again, to prevent future problems, and legal hot water, before you decide to undertake such a project, it pays to do all the up-front planning and research to make absolutely sure you will be permitted to do what you want and will comply with setbacks, height, esthetics and any other possible restrictions.
Problem : Can I run a business out of my home? Solution : Zoning laws on home-based businesses vary considerably among the communities. It may depend on the nature of the business, whether you have any employees or business visitors, your hours of operation, parking and delivery issues, etc. Before getting into legal hot water, it pays to check out the zoning rules on what you can and cannot do in your area before you decide to set up shop.
One more thing–many localities have begun to impose license fees on home-based businesses to generate money for local coffers. Some zoning ordinances in some strictly residential areas will absolutely prohibit all in-home businesses. (On the other hand, if you are lucky, your local town officials may overlook these ordinances, especially if your at-home business operation is hidden from public scrutiny –designing computer software as opposed to a preschool and is not disruptive for your neighbors. 10 Other communities permit a home business, but may (1) specify the kinds of work that can be run out of your home (I. E. , law, dentistry, music, beauty salon, physical therapy, tutoring); (2) limit the amount of floor space that can be utilized; (3) restrict he hours; (4) limit the use to on-street parking; (5) prohibit or limit the number to employees you may hire; or (6) ban or require a entrance to your business that is separate from your residence; (7) ban advertising signs. Problem : How do I complain about a neighborhood zoning problem?
Solution : If you feel that your neighbor might be running afoul of your local zoning rules and regulations, and that the zoning ordinance is not being enforced, contact your local zoning and planning office or city attorneys office. Ask them to explain the matter to you. The complaint process varies enormously among municipalities. In some areas, there are complaint forms; in a few, a complaint can be emailed. In most cases, a reported complaint is followed up by an inspection. Having the city take up the enforcement campaign is a lot cheaper way to start than initiating a lawsuit. Problem : Can a community impose red-light zoning laws?
Solution : Many zoning laws prohibit or restrict in some form adult entertainment establishments. Topless bars, peep shows, and sex- oriented book and video stores may be outright proscribed in residential neighborhoods. Others laws restrict adult entertainment to a certain geographical area. And still others bar such establishments within a certain distance of educational institutions or churches. The United States Supreme Court has upheld such laws. Problem : How many animals can I have on my property? Solution : Commonly, local zoning laws restrict the number and type of animals you may keep.
Most areas allow certain types of domestic pets, such as dogs, birds, cats, in a reasonable number, in a residential neighborhood. If you are an animal lover of chickens, sheep, horses, llamas, rabbit, chinchillas, or cows, most ordinances prohibit keeping these farm animals in residential neighborhoods. The wise animal lover should know how an area is zoned if the keeping of such animals is important or you are interested in starting a homebred rabbit farm business. Problem : Can zoning laws prohibit unrelated persons from living together in a single-family home? 1 Solution : Some communities have rarely enforced ordinances on the books limiting the types of people who may live in a home. Broadly-speaking, these ordinances provide that all occupants of a single-family home must be related by blood, adoption or marriage in order to live together within the community without violating the law. Though times have changed as more couples live together without marrying, it would be wise for an unmarried couple to check first with the local zoning department, especially if they envision buying or renting property in the community with such an ordinance.
Problem: Wetlands are being impacted by somebody action. What can I do? Solution : Call your local construction code official or zoning board. They had to approve the development, should have studied the environmental impact statements, and allowed public comment before approving the development. See what they tell you. If your answers are not fully addressed, or they are not enforcing the law, talk to other officials higher up in your city, county, state, Army Corps of Engineers, or EPA, or consult an attorney. 12 4.
KANATA : A General overview Kanata, a industrial city of India and previously known as – Jinrikisha or Compare, located about 425 km east of Delhi on right bank of holy river The Gangs and developed linearly along this river. The expansion of the city was restricted in Southern direction by the river Panda. The city acquired important status when British Army Camp was established in 1778 and subsequent development as industrial town by East India Company which gained leverage of connecting railway line in 1859 and G. T. Road.
The city witnessed significant population growth from 1. 275 ml. In 1971 to 2. 037 ml. In 1991 with average annual growth rate of 2. 6 percent. The study areas falls within the Jurisdiction of Kanata Development Authority (KID), subdivided into rural and urban areas. The rural areas covers Gallantly (with some urban area), Begin and Quasars and the urban area covers Kanata Municipal Corporation, Cantonment, Armature Industrial Estate, Railway Colony, Charier, IT etc. The total area under KID is 829 sq. M out of the total Kanata Magna District area of 1040 sq. M. Major City Functions The city of Kanata plays multiple function such as; Industrial growth centre with important industrial establishments of Urea Fertilizers Plant, Thermal Power Plant, ELM scooters, Indian Oil Corporation and National textile Corporation mills, trade and commerce centre as major distribution centre for finished leather products, textile, fertilizers and for the products not manufactured in the city; as transit point; educational centre with educational institutes of national reputation (“T, CSV’S colleges), National Sugar
Institute, CLERIC, National Textile Institute, ‘CAR, Kanata University etc. The linear development of Kanata city along the right banks of river Gangs in east-west direction is restricted towards south with river Panda. The landaus pattern of the city is marked with a heavily built CB area near railway station hosting the wholesale market and cantonment area in the eastern side. The development of public, semi- public, residential and other mixed land-uses have come-up in the western direction and mixed with the industrial growth in that direction.
Industrial Profile of Kanata Kanata, once a industrial growth center of the development in the region faced the problems of uncontrolled growth coupled with decline in industrial production resulting the adverse impact on this urban set-up. The cause of decay could be attributed to closure of many large industrial units and deterioration in infrastructure facilities. The industrialization era of Indian economy marked the city landscape with about 75 large & medium scale industries which followed western direction of expansion along the railway line and G.
T. Road. These industries include government owned units biz. Elgin Mills, Mir Mill, Compare woolen Mills, Ordinance factories, New Victoria Mill, M. P. Dog, HAVOC, and Alumni which are facing threat of closure vowing to problems like old technology, gigantic workforce, high input cost and low output. Inspire of this grim scenario Kanata is still a major industrial centre with few operating textile mills, defense establishments, power plants, fertilizers unit, automobile industry, vanishing oil mill and tanneries.
Apart from the largesse units city also has about 5457 mixed type of Isis which grew as ancillary to major units with the predominance of metal reduces (830), Leather products (819), Food Products (443), Rubber & plastics (416), Machinery parts (396), Hosiery & garments (387), Chemical (337), paper products (318) and Cotton textile (246). The most of the industries are in Gobo. Industrial estate (Kali Road & Fazing), Industrial Estate, Co-operative Industrial estate (Dada Magna), Panky Industrial Area and Jam Industrial area.
The tanneries in 65 number in clustered form (surrounded slums, village settlement) located in Jam area on the bank of river Ganges, with degraded environmental conditions until the Gangs Action Plan (GAP) came into effect for the rescue. The engineering industries of armaments, automobiles and steel fabrication units are in Kali road industrial belt. The small scale steel workshops found to be not highly polluting except noise impact to residential areas in vicinity. The large scale engineering units discharge toxic metal from electroplating and painting processes.
The Thermal Power Plant of 264 MM capacity is the single largest source of emission in the city but not effecting the city due to tall chimney. But the plant has two small boilers which create substantial fly-ash due to use of old chimneys and large amount of fly ash is being discharged onto river Panda. The housing quality of Kanata, which by and large depends on civic services (water supply, sewerage collection), power supply, roads, greenery, commuting facilities, community shopping centers etc. Is difficult to characterized and range between good to bad in different areas. The city core area is densely populated, very old blocks in dilapidated condition, old sewerage system, broken- down water supply lines, improper garbage collection and insufficient open spaces. As per the compiled sources, the deficit in housing stocks of Kanata is 50,000 against he total households of 390,817 and is increasing at the rate of 6% per annum.
There are 296 identified slums with 5 lacks population which includes colonies of industrial workers, common slums, population squatting on public land. The workers colonies, 90 in number, commonly known as Thetas are in state of dilapidation due to lack of any development work from the industries which either already closed or under closure. The slums, commonly known as Bead’s are with lack of civic services resulting unhygienic living conditions.