LEGAL TECHNIQUES TO PROTECT AND TO PROMOTE AESTHETICS ALONG TRANSPORTATION CORRIDORS

AMERICAN PLANNING HAS COME TO DEPEND TOO MUCH ON EITHER (1) OUTRIGHT ACQUSISTION OF LAND, OR (2) POLICE POWER REGULATION WITH NO COMPENSATION, AND THE FUTURE IS LIKELY TO SEE EXPERIMENTATION WITH VARIOUS COMBINATIONS OF REGULATORY TECHNIQUES AND DEVICES INVOLVING PARTIAL COMPENSATION, TOGETHER WITH AN EXPANSION OF THE AUTHORITY OF PUBLIC OFFICIALS TO TAKE AFFIRMATIVE ACTIVE. THE PROTECTION (AND PROMOTION) OF AESTHETIC FACTORS ALONG TRANSPORTATION CORRIDORS WILL BE A NATURAL POTENTIAL PROVING GROUND FOR SUCH AN APPROACH. AFTER LONG RESISTANCE, MANY COURTS NOW RECOGNIZE AESTHETICS AS A PROPER GOAL OF LAND-USE REGULATION. HOWEVER, THE MAIN PROBLEM REMAINS - HOW TO DEFINE ADEQUATE STANDARDS AND RULES OF LAW TO GUIDE REGULATORY POWER WHEN APPLIED TO AESTHETICS. SEVERAL LINES OF RECENT LEGAL CASES ARE RELEVANT TO THE VALIDITY OF POLICE POWER REGULATION IN THIS CONTEXT. WHILE TRADITIONAL LEGAL FICTIONS ARE NOW LESS IMPORTANT, THE COURTS ARE TENDING TO EMPHASIZE NEW COMBINATIONS OF FACTORS, PARTICULARLY THE INTERRELATIONSHIP OF AESTHETIC AND ECONOMIC FACTORS AND ARE GROUPING FOR NEW TESTS TO PROVIDE THE BASIS FOR REASONABLE REGULATION. TURNING TO SUBSTANCE, THE FIRST REQUIREMENT IS TO DEFINE THE PROBLEM, I. E., TO SPECIFY EXACTLY WHAT SCENIC VALUES ARE MOST IN NEED OF PRESERVATION. CALIFORNIA AND WISCONSIN WERE THE FIRST TO TAKE THE LEAD IN WORKING OUT NEW LEGAL CONTROLS. VERMONT IS NOW CONSIDERING A PROPOSED SCHEME OF REGULATION FOR RURAL SCENERY, WITH CAREFULLY DEFINED ROLES FOR EACH DIFFERENT TYPE OF LAND-USE REGULATION. /AUTHOR/

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrr/1967/182/182-006.pdf
• Supplemental Notes:
  • Paper sponsored by Committee on Special Problems of Condemnation and Land Use Control Law and presented at the 46th Annual Meeting. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
• Authors:
  • Williams Jr, Norman
• Publication Date: 1967

Media Info

• Media Type: Print
• Pagination: pp 25-38
• Monograph Title: Highways and environmental quality
• Serial:
  • Highway Research Record
  • Issue Number: 182
  • Publisher: Highway Research Board

Subject/Index Terms

• TRT Terms: Aesthetics; Beautification; Easements; Economic factors; Highway planning; Highways; Land use planning; Laws; Legal factors; Scenic easements
• Uncontrolled Terms: Land use controls
• Subject Areas: Design; Economics; Environment; Highways; Law;

Filing Info

• Accession Number: 00204703
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Oct 31 1994 12:00AM