Land Use and Environment Homework Help

Land Use and Environment
This article review based on Strong et al. Article ‘Property Rights and Takings’ that appeared on the Journal of the American Planning Association will provide a platform and an understanding of the legal aspects associated with land or property takings. The review commences with the summary of the article, citing the main aspects that are outlined in the article. Secondly, on my opinion, I will review the relevance of the article, and whether it outlines the important aspects facing the use of land and environmental consideration. Based on relevant readings, the article will be critiqued to determine its significance on the subject matter. A conclusive recommendation would be arrived at after a critical analysis of the subject matter.
Article Summary
The aim of the article is to assess the property rights and takings that affect the federal state. The regulatory takings have been considered as the main issue in the federal courts for over a century now. As such, the issue of property rights and takings is not a new phenomenon in the society. However, there have been recent debates on the necessity and significance of the judicial system concerning the property rights as there has been claims on frustration on landowners and citizens towards accessing justice. The complexity of the land regulation system has made the situation worst as it involves numerous government entities that set up the regulations on land issues. With the absence of the other ‘simple’ administrative strategies on land takings, the citizens have resulted to monetary relief in case of wrong doings. They belief that the trend would increase the level of justice and the speed of operations; this is unlike the reliance on the complexity of land regulations.
The article purports that the landowner’s claims are often overstated, and it does not demonstrate the fair view of the situation across the federal state. The advocate, who represents the land-owners, always fails to stipulate the significance of the neighbouring property owners in any land taking case. Indeed, the land-use control, according to the property rights and takings, purports that the residents of the region in which the land is located, and the property owners neighbouring the land are protected against the misuse of the land by the landowner. This ensures that the environment is not polluted, and the third parties or residents within that region are not affected by the use of the land. Nevertheless, the system is not yet ideal as it may be speculated. The system demonstrates unfairness in numerous occasions. The system does not offer alternatives in case there are changes in the rules, where the owner of the property is required to near the burden of implementing the public policy or in the case where the property owner is left with no economical viable use of the property. The land owners are often frustrated and they end-up seeking monetary compensation in the courts of law.
Consequently, the article proposes the various improvements on the system, and the ways in which the governments need to improve the situation. The article also recommends that the changes imminent in the regulatory system should always be based on the assessment of the current conditions facing the property owners, alternatives that exist in case of changes in the regulations, and the need to select the preferred scenario. The planning team of the changes in the regulatory process understand the significance of managing an orderly change process as it enhances credibility and effectiveness of the operation. Land-use control system, if not taken with utmost care and credibility, can easily cause upheavals among the property owners and land users. When there is a smooth transition in these changes, the government will preserve the cherished historical perspective of legal regulations and maintain the balance amongst various competing interests. The article also proposes that property owners who are subject to unfair treatment should always be provided with alternative remedies that are available in an accessible legal system than the United States Supreme Court (Callies et al., 2012).
Assessment of the Article
In my opinion, the issue of property rights and land use have been the major problems affecting the federal state’s regulatory board. The complexity of the regulations has inhibited the government and property owners from being treated fairly when there is land complains. Under the federal state’s environmental laws, the private property owners are infringed from undertaking certain activities that may be beneficial to them. Some of the activities include repairing fences, felling trees, filling ditches, and building homes among others. I think this is not in accordance with the regulations of the Fifth Amendment of the United State’s Constitution that stipulates that when private land or property is acquired by the government or any institution for public use, the property owner should be compensated. The unfair treatment is evident from all aspects that deal with land even when filing a case against unlawful acquisition of land by the government. I believe that land ownership should not be a curse in the United States rather the government should offer uncomplicated procedures on land takings (Juergensmeyer and Roberts, 2012). The current regulations are complex, and it inhibits the common citizens from getting justice as they end-up giving up following the case. I agree with the article on the proposed recommendations as it will enhance better and credible regulations on land or property ownership.
According to Randolph (2004), the environmental laws and land use regulations are not the only source of regulatory takings undertaken by the government. However, these are the most prominent laws that govern land use and protect the environment. Ownership of the property should provide the owner with the ability to use the land to its full capability, and one should not be infringed as long as the use of the property does not have negative effects on the environment or neighbouring land owners. Compensation should be undertaken on the regulatory land takings, and this will ensure that the property owners are protected from unfair activities of the government (Callies et al., 2012). Compensation will serve as the best strategy in which the government would realize environmental conservation and economic development. However, some of the groups that oppose this recommendation purports that the government will be imposed to the financial burden when they are required to compensate land or property takings (Randolph, 2004). As the government is not mandated to compensate the property owners from land takings, the federal state may overuse the coerciveness of the land-use regulations in an attempt to realize environmental goals and objectives; this might be possible even when various alternatives exist.

References
Callies, D. L., Freilich, R. H., & Roberts, T. E. (2012). Cases and materials on land use. St. Paul, MN: West.
Juergensmeyer, J. C., & Roberts, T. E. (2012). Land use planning and development regulation law. Eagan, Minn.: West.
Randolph, J. (2004). Environmental land use planning and management. Washington, DC [u.a.: Island Press.