American Spatial Development l Conservation Easements l Community Land Trusts l Social Urbanizer Land LinesAPRIL 2005 Newsletter of the Lincoln In sti tute of Land Policy L a n d L i n e s From the EDITOR APRIL 2005 • VOL. 17, NO. 2

regory K. Ingram, Director-General, Operations Evaluation at the World Bank Group in Washington, DC, has been appointed by the Lincoln Institute Features GBoard of Directors to succeed Jim Brown as president 1 American Spatial Development and chief executive offi cer, effective June 1, 2005. and the New Megalopolis “I am very excited about joining the Lincoln Insti- tute at an important time in its history. I am impressed 5 Reinventing Conservation Easements by its traditional focus on land and tax policy and its 8 Community Land Trusts: strong programs in the valuation and taxation, plan- Greg Ingram Leasing Land for Affordable Housing ning and development, and international studies departments,” Ingram 11 The Social Urbanizer: said. “This opportunity to lead the Institute allows me to draw upon my Porto Alegre’s Land Policy Experiment own interests and expertise in both the substantive areas of urban land markets, infrastructure and property taxation, and the management areas Departments of program evaluation, policy development and research administration.” 15 Faculty Profi le: Lawrence Susskind Since joining the World Bank in 1977, Ingram has held positions in research, urban development, infrastructure, evaluation, and manage- 17 New Lincoln Institute Book: Emerging Land and Housing Markets in China ment, including an early urban research project in Bogotá, Colombia, and more recent research in China. He currently is responsible for eval- 18 New Copublished Books: Partnerships for uating operations, policies and programs at the Bank, the International Smart Growth and The UniverityUniverity as UrbanUrban Developer Development Association, the International Finance Corporation and the Multilateral Investment Guarantee Agency. 19 Program Calendar Ingram also has served on committees of the U.S. National Academy of Sciences and was formerly associated with the National Bureau of EDITOR ASSISTANT EDITOR Economic Research. During the 1970s he was a graduate student and Ann LeRoyer Emily McKeigue faculty member in the Department of Economics at Harvard Univer- PRESIDENT & CEO DESIGN & PRODUCTION H. James Brown David Gerratt & Amanda Wait sity, where he taught courses in urban economics, transportation eco- www.Nonprofi tDesign.com nomics and microeconomic simulation models. His involvement with CHAIRMAN OF THE BOARD Kathryn J. Lincoln the Lincoln Institute also spans several decades, including participation in the Institute’s World Congress on Land Policy and its Taxation The Lincoln Institute of Land Policy is a nonprofi t ed u ca - tion al institution established in 1974 to study and teach Resources and Economic Development (TRED) conferences. land policy and taxation. By sup port ing multidisciplinary He has conducted research in the areas of housing and land markets, educational, research and publications programs, the In- urban economics, transportation, evaluation, and economic development. sti tute brings together diverse viewpoints to expand the body of useful knowledge in three de part ments—valuation Among his many publications are World Development Report 1994: Infra- and tax a tion, planning and de velop ment, and interna- structure for Development and Evaluation and Development: The Partnership tional studies. Our goal is to make that knowledge com- pre hen si ble and accessible to citizens, policy makers and Dimension; World Bank Policy Research Working Papers; articles in scholars in the United States and through out the world. Urban Studies and Journal of Urban Economics; and chapters in the books The Lincoln Institute is an equal op por tu ni ty in sti tu tion Essays in Transportation Economics and Policy and Personal Cars and China. in em ploy ment and admis sions. Ingram holds a Ph.D. in Economics from Harvard University, a B.A. Land Lines is published quarterly in January, April, July and M.A. in Philosophy, Politics and Economics from Oxford University, and October to report on Lincoln Institute-sponsored and a B.S. in Civil Engineering from Swarthmore College. He and his educational programs, publications and special projects. wife Lee, an educational psychologist, have three adult children. “We Copyright ©2005 Lincoln Institute of Land Policy look forward to returning to Cambridge and renewing our involvement 113 Brattle Street, Cambridge, MA 02138-3400 / USA with the lively academic community there,” Ingram noted. Tel: 617-661-3016 Fax: 617-661-7235 Kathryn Lincoln, chairman of the Lincoln Institute Board stated, E-mail: [email protected] (editorial content) “Greg brings the perfect blend of academic rigor and public policy ex- [email protected] (information ser vic es) perience to Lincoln as its next president. His evaluation work at the World Web: www.lincolninst.edu Bank will be especially valuable as we continue to develop our own

Cover: An informal settlement in Porto Alegre, Brazil. monitoring methods for both program and process. Personally, I look © Marcello Hameister forward to working with him and to this new era for the Institute.”

LAND LINES 1 PRINTED ON RECYCLED PAPER USING SOY-BASED INKS l l l American Spatial Development and the New Megalopolis

This article is adapted from a policy roundtable report on national spatial development strategies prepared under the auspices of the Lincoln Institute, Regional Plan Association and the University of Pennsylvania School of Design. The roundtable was held in September 2004 at the Pocantico Conference Center of the Rockefeller Brothers Fund. The impetus for this project developed in the spring of 2004 in a graduate city planning studio directed by Robert Yaro and Jonathan Barnett, both Practice Professors in City and Regional Planning at Penn, and Visiting Professor Armando Carbonell. With funding support from the Ford Foundation’s Institute of International Education, additional input was provided by a distinguished team of European and American planning experts hosted by Professor Sir Peter Hall at the Institute of Community Studies in London, England.

ARMANDO CARBONELL and FIGURE 1 ROBERT D. YARO The “Blue Banana,” depicting the economic core of the European Union from London to Milan uropean efforts to develop policies and investments for the entire con- tinent and for regions that cross Dorsale national boundaries have been Dépendances E Nord du Sud organized under the umbrella of the Euro- Assimilés pean Spatial Development Perspective, a set Finisterres of policy directives and strategies adopted «Suds» by the European Union in 1999 (Faludi Lucune 2002). Over the past generation the EU LiLiaisonsaisons avec l'Est? has initiated a large-scale approach to © RECLUS, Paris (1989) planning for metropolitan growth, mobility, environmental protection and economic development. Europeans use the umbrella term “spatial planning” to describe this process, involving plans that span regional and national borders and encompass new “network cities” spread out over hundreds of kilometers (see Figure 1). The EU is also mobilizing public and private resources at the continental scale, with bold plans and investments designed to integrate the econ- omies of and reduce the economic dispari- ties between member states and regions, and to increase the competitiveness of the Sources: Lincoln Institute of Land Policy and Regional Plan Association (2004) and Faludi (2002) continent in global markets. By contrast, the United States has no can the U.S. reduce the growing disparities in Theodore Roosevelt in 1907 stimulated strategy to anticipate and manage comparable wealth and population among fast-growing the major infrastructure, conservation and concerns, even though the U.S. population coastal regions, vast interior rural areas and regional economic development strategies is expected to grow another 40 percent by declining industrial cities? How can the that powered America’s economic growth 2050. How can this growth be accommo- U.S. promote regional strategies designed in its fi rst two centuries. Other major strate- dated in metropolitan regions that are al- to address these concerns? gies and investments promoted in the admini- ready choking on congestion and approach- Two important precedents have shaped strations of Presidents Lincoln, Franklin ing build-out under current trends and this analysis of America’s spatial develop- Roosevelt and Eisenhower also had a pro- policies? How can we improve the com- ment. The national development and con- found impact on the nation’s growth. Some petitiveness and livability of our own emerg- servation strategies prepared by President examples are the Morrill Act land grant ing constellation of network cities? How Thomas Jefferson in 1807 and President university system, the Homestead Act, and

APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 1 American Spatial Development CONTINUED creation of the national rail and interstate and commuting times, contributes to loss of fi rst decades of the twenty-fi rst century. highway systems. farmland, and creates confl icts between new Unless new capacity is created in roads, rails, development and green infrastructure, such airports, seaports and other systems, the Economic, Demographic as public water supplies and wildlife habitat. nation’s economic potential will be artifi cially and Spatial Trends In less than three centuries, 46 million limited. Federal transportation investments Rapid population growth. The U.S. Census acres of America’s virgin landscape have been over the past decade have been largely focused Bureau forecasts that the nation’s popula- converted to urban uses. In the next 25 years on maintaining the existing infrastructure, tion will grow by 40 percent to 430 million that number will more than double to 112 not on expanding the capacity of these by 2050, whereas most European countries million acres. If current growth and land systems. are expected to lose signifi cant numbers of consumption rates continue, another 100 Over the last 50 years, Americans have residents, due to declining birth rates and million acres will be urbanized by 2050, become increasingly mobile. The increase limited immigration. This means we must at a rate seven times faster than the popu- in miles traveled per person has been most build half again as much housing and as lation will grow. pronounced in car and aircraft travel, creating much commercial and retail space and the new challenges to keep various types of infrastructure needed to support these activi- Uneven and inequitable growth patterns. transportation corridors congestion-free. ties in the next half century as we have in While most population and economic growth At the same time, congestion poses a serious the past two centuries. has been in large metropolitan regions, other threat to manufacturing and freight sectors The study of historical settlement pat- areas of the country have experienced losses. of the economy. Experts believe that by 2020 terns sheds light on current and future pat- Large rural regions where resource-based there will be nearly a doubling of trucks on terns. While early settlers clung primarily economies or groundwater reserves are in the roadways over current numbers. Signifi - to the coasts and in compact urban regions, permanent decline are left without the means cant policy measures are needed to channel the inventions of rail transportation and to support even basic services. A number more resources into high-capacity transpor- later the automobile forever changed settle- of large urban centers and second-tier cities tation systems for both individual and ment patterns and allowed people to set also have experienced decades of decline. For commercial activity. up homes in the interior of the country example, Philadelphia, Baltimore, Pitts- and in highly decentralized metropolitan burgh, Cleveland, Detroit, St. Louis and Emergence of megalopolis. In 1961 French areas. Fast-growing Sunbelt states, such as New Orleans have lost a third or more of geographer Jean Gottman described the Texas, California and Florida, are expected their populations since 1960. Even in cities Boston–Washington Megalopolis. Between to see sustained rapid population growth, where the outer-ring suburbs have grown, now and 2050, more than half of the nation’s spurred by the trend of immigrant popula- many inner cities and inner-ring suburbs population growth, and perhaps as much tions settling in those and surrounding states. have lost residents, tax base and economic as two-thirds of its economic growth, will While most central cities will continue activity, and poverty has become highly con- occur in this and seven other emerging to grow at a moderate pace, many metropol- centrated. Many of these places have high megalopolitan regions whose extended itan regions around these urban cores are concentrations of African-Americans, Native networks of metropolitan centers are linked expected to experience remarkable develop- Americans, Latinos and poor whites who by interstate highway and rail corridors. ment. As Philadelphia continues to lose will be increasingly disadvantaged as eco- Similar networks of cities in Europe and Asia population, for example, its adjacent suburbs nomic opportunities in these regions decline. are now seen as the new competitive units and areas further outside the city continue In contrast with the U.S., the European in the global economy. Major public and to grow. In general, however, the number Union for decades has invested vast sums private investments are being made in of people living in urbanized areas as op- to promote development and redevelopment high-speed rail, broadband communica- posed to rural areas is projected to continue of comparable bypassed areas. These in- tions and other infrastructure to strengthen rising, signaling an increase in the amount vestments have produced dramatic results transportation and economic synergies of urbanized land in the coming decades. in revitalizing the economies of Ireland, among their component centers. Spain, Portugal and Greece, and formerly The building out of suburban America. depressed cities and regions in Europe’s The New Megalopolis Since 1970 the vast majority of the nation’s periphery. Similar strategic investments in The new megalopolis is a model for coopera- economic and population growth has occurred disadvantaged American cities and regions tion among the cities and regions in the U.S. in 30 large metropolitan regions, mostly in could produce comparable results. that are growing together and creating dis- their sprawling outer rings. While some cities economies in congested transportation and inner-ring suburbs are now experienc- Limited infrastructure capacity. Metro- networks, which in turn affect the economic ing infi ll development and renewed popu- politan infrastructure of all kinds, most vitality and quality of life of these regions. lation growth, many others are approaching of it built in the last half of the twentieth This model is based on the idea that if the “build-out,” which increases traffi c congestion century, will reach its capacity limits in the cities in these colliding regions work together

2 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 3 FIGURE 2 Emerging Megalopolitan Areas in the United States

Source: Lincoln Institute of Land Policy and Regional Plan Association (2004)

they can create a new urban form that will nections would relieve congested airports fi ed based on common history, geographic increase economic opportunity and global and provide greater options for freight move- location and topography: the Northeast, competitiveness for each individual city ment. The resulting transportation fl exi- Mid-Atlantic, South, Midwest, Southwest and for the nation as a whole. bility would be less vulnerable to terrorist and West. Most of the nation’s rapid popu- These component metropolitan areas attacks and disaster. Furthermore, regional lation growth, and an even larger share will have to cooperate in the formation of infrastructure and development focused of its economic expansion, is expected a structure that takes advantage of the com- around rail stations would shape and re- to occur in eight emerging metropolitan plementary roles of each area while addressing direct urban growth in more effi cient, areas spread over thousands of square miles common concerns in the areas of transporta- less sprawling patterns. and located in every one of these regions tion, economic development, environmental Our current direction is building a (see Figure 2). These megalopolitan areas protection, and equity. The new megalopolis country whose competitiveness is threat- are becoming America’s economic engines: model will contribute to improving social ened by ineffi cient urban forms and declining centers of technological and cultural inno- and economic cohesion along with a better rural communities. The new megalopolis vation where the vast majority of immi- territorial balance, and will support more concept points us in a different direction, grants who are driving population and sustainable development by emphasizing one in which urban areas and their surround- economic growth will assimilate into the collaboration on important policy issues, ing regions work together on a larger scale economic and social mainstream. infrastructure investments and instruments to address common concerns and share their In Europe and Asia similar network cities for facilitating economic growth and job complementary strengths. This new model are already being seen as the new competi- creation. would produce an America that is environ- tive units in the global economy. The Euro- To facilitate the development of megalo- mentally sustainable, socially equitable, pean Union and national governments in politan areas, the U.S. could focus on creating and competitive in an increasingly global Europe, China and Japan are investing a truly intermodal network linking rail, economy. hundreds of billions of dollars in new inter- highway and air transportation. Such con- Six distinctive regions can be identi- modal transportation and communication

2 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 3 American Spatial Development CONTINUED links and other infrastructure to underpin nation’s competitive advantage in technology the fairness of federal transportation funds, the capacity, effi ciency and livability of and create a lifelong learning system to help even as the total amount of federal dollars these regions. In all of these places, new skilled workers adapt to economic change. falls far short of estimated needs. As a re- high-speed rail networks are integrating This broad approach could also identify the sult, we fi nd ourselves increasingly starved the economies of formerly isolated regions. important natural resource systems that for capital for infrastructure systems. sustain public water supplies, biological To provide more funding for system Toward an American Spatial resources, sense of place and recreational maintenance and expansion, metropolitan Development Perspective opportunities. Future growth could be regions are looking to new and innovative An American Spatial Development Per- designed to reuse formerly used sites and fi nancing systems. Public authorities use spective (ASDP) could encompass long-range to reclaim and restore impaired landscapes their tax-free status to attract private dollars strategies to achieve fi ve broad national goals. and natural resource systems. through bond issuances, sales and lease-back 1. Facilitate the emergence of eight new Plans for these infrastructure systems arrangements. New user fees, such as con- megalopolitan areas that can compete should be closely coordinated with strategies gestion pricing or high-occupancy-vehicle with similar emerging networks of cities for smaller-scale urban and regional develop- lanes on toll roads, link charges to those in Europe and Asia. ment, to ensure that future development who benefi t the most from new investments, 2. Create capacity for growth and improved patterns support, and are supported by, these creating new revenue streams. And value global competitiveness in the nation’s infrastructure investments. Federal and state capture models, such as tax increment transportation and other infrastructure governments could invest in demonstration fi nancing, allow increases in land values systems. projects to test innovative transportation, to fi nance infrastructure investments. 3. Provide resiliency, redundancy and land use, environmental and other strategies. The federal government is advancing capacity in the nation’s infrastructure instruments such as TIFIA, the Transpor- to respond to national security needs. Building and Financing the ASDP tation Infrastructure Innovation Act, to 4. Revitalize bypassed urban and rural The proposed new infrastructure systems stimulate the development of these projects. regions. and urban development outlined in this However, megalopolitan areas have a critical 5. Protect and reclaim important nationally article could cost trillions of dollars, much role to play in this emerging system. They signifi cant natural resource systems and of which could be fi nanced through user fees provide a vital link between state and federal promote less land-consuming patterns of and public-private partnerships. It should government and local jurisdictions, which growth. also be possible to employ modest payroll in many cases have the last word over land The federal government could play a or other taxes to fi nance some of these invest- use decisions. These regional areas transcend crucial role in this process, through colla- ments, which would generate trillions of political boundaries and capture the true borations with existing and emerging dollars of new economic capacity for the economic and social geography of their “bottom-up” networks of interconnected whole nation. The expected doubling of the communities. And they have the size, capa- regional strategies, encompassing each of national economy by 2050 would expand city and expertise to undertake complex the emerging megalopoli. Ideally, the federal the gross domestic product by more than planning strategies. government would help coordinate and $14 trillion (in constant dollars). Redirect- “incentivize” these planning efforts, but rely ing even a small share of the growth of tax ARMANDO CARBONELL is senior fellow on local and regional initiatives to drive revenues in these strategic investments and co-chair of the Lincoln Institute’s Depart- each region’s own strategies. could secure the nation’s economic future. ment of Planning and Development. Contact: The federal government could also lead For over a hundred years, the U.S. [email protected]. ROBERT D. in coordinating infrastructure planning and has fi nanced major infrastructure projects YARO is president of the Regional Plan investments for national and regional inter- through a “top-down” system, with major Association in New York City. Contact: modal, high-speed transportation networks, funding from the federal government [email protected]. as it did in promoting creation of the national complemented by state resources. Based rail and interstate highway systems. These on general public agreement of national investments would be made through part- priorities, this model fi nanced several gene- nerships between federal, state and regional rations of growth and paid for one of the � REFERENCES government, and private investors. User fees, world’s great infrastructure systems. However, Faludi, Andreas, ed. 2002. European spatial planning. tolls and fares would cover a substantial this approach is now being challenged as Cambridge, MA: Lincoln Institute of Land Policy. Lincoln Institute of Land Policy and Regional Plan portion of the cost of developing and the needs of maintaining our aging infra- Association. 2004. Toward an American spatial managing these systems. structure systems outpace federal and state development perspective. Policy Roundtable Report. September. Regional strategies could also promote funding, to say nothing of new capacity University of Pennsylvania School of Design. 2004. investments in major higher education and expansion. Today we witness a debate Planning for America in a global economy: 2004– research institutions needed to maintain the between “donor” and “donee” states over 2005. City Planning Studio Report. Spring.

4 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 5 Reinventing Conservation Easements

JEFF PIDOT almost always result in public subsidies in Trends and Problems the form of income tax deductions to the Rapid growth. The attractiveness of o recent happening in land easement donors. In many cases a further conservation easements is demonstrated by conservation rivals the deploy- subsidy comes in the form of reduced real the explosive growth of land trusts estab- ment from coast to coast of property and estate taxes in the future. lished to accept easements. Land trusts Nconservation easements. Be- Increasingly, conservation easements are have become a big business in America, yond tax and other public subsidies, one of being purchased with public money, some- both for their vast holdings of conservation the driving forces favoring this phenome- times on a grand scale involving millions easements and other properties and for non is that conservation easements are of dollars. their increasing memberships and fi nances. perceived as a win-win strategy in land The public should care about how its Even so, many land trusts have come into protection, by which willing landowners money is being spent, whether it is being existence only during the past 15 years work with private land trusts or govern- spent for something of long-term public and operate at a local level. While land ment agencies to provide lasting protec- benefi t, and whether it is being spent trust creation continues to increase rapidly, tion for portions of the American land- effi ciently; that is, the public should be an important policy question is whether scape. Conservation easements leave land interested in whether it is getting a fair the ever-expanding number of small land in private ownership, while allowing the public bang for its buck. trusts throughout the nation is something easement holder (the land trust or agency) Beyond the public’s fi nancial invest- that is good for our (and their) future. to enforce voluntary, contracted-for, often ment, its interest in conservation easements The Land Trust Alliance (LTA), an donated but increasingly paid-for restric- as a form of charitable trust transcends the organization that serves many land trusts tions on future uses of the easement- interests of the private parties to the trans- nationwide, reported in its national census encumbered property. Conservation ease- action. Further, some conservation ease- ments are often welcomed as achieving the ments guarantee public access to the prop- goals of land protection without regula- erty, such as for hiking or scenic enjoyment, Defi nitions tion or adversity, and usually without giving the public an added stake in the A conservation easement ((inin ssomeome sstatestates any government oversight. long-term security of the easement. In the referred to as a conservation restriction At the same time, the rapid increase case of conservation easements granted by or similar term) is a set of permanently in the use of conservation easements raises developers as a quid pro quo for regula- enforceable rights in real property, held the concern that they may present some- tory permits, these easements may also by a private nonprofi t corporation (typi- thing of a time bomb that requires pre- comprise a public investment because they cally a land trust) or a government agency. ventive action. Most of the laws and con- are part of the consideration in exchange These rights impose a negative servitude ventions concerning conservation easements for the right to proceed with a project that (in other words, a set of promises not were created at a time when no one could may cause environmental harm. Finally to do certain things) on the encumbered have foreseen their explosive growth and and not least importantly, the public has land, and they are permanently enforce- complexity. These laws and conventions an abiding concern in the orderly future able by the easement holder. Conservation easements are a relatively recent inven- require well-considered approaches to of legal understandings and the stability tion of real estate law and are enabled reform, lest we ultimately risk losing the of interests in real estate. by statute in virtually every state. public benefi ts that we thought conserva- In sum, when a conservation easement tion easements would secure in the future. is created there is a legitimate public in- A land trust iiss a llooselyoosely ddefiefi nneded cconceptoncept terest and concern that the terms of the that usually includes at least two basic The Public Stake in Conservation easement will be honored and that the elements. First, it is a private, nonprofi t Easements easement holder will have the capacity and charitable corporation incorporated under Why should the public, and therefore its resolve to monitor, enforce and defend the the laws of a state and qualifi ed as government at all levels, care about how restrictions of the easement in perpetuity, tax-exempt and entitled to receive conservation easements are created and as conservation easements promise. Indeed, tax-deductible donations under section managed? One reason is that virtually the very purpose of state and federal laws 501(c)(3) of the Internal Revenue Code. every conservation easement is associated that support and subsidize the creation of Second, depending on state law, a land trust’s mission, but not necessarily its with a signifi cant public subsidy. Although conservation easements is that the public exclusive or even primary one, is the most easements are donated by private interest is intended to permanently benefi t conservation of land. landowners to private land trusts, they from them.

4 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 5 Reinventing Conservation Easements CONTINUED that between 1998 and 2003 the number it includes. Many conservation easement conservation easements has become a major of local and regional land trusts increased advocates extol the virtues of this fl exibil- cause for alarm by the Internal Revenue 26 percent from 1,213 to 1,526; the num- ity, since it allows the landowner and ease- Service, which says that it will be apply- ber of conservation easements held by these ment holder to tailor each easement to ing an increasingly watchful eye on the land trusts grew from 7,400 to nearly their mutual interests. deductions taken for these donations. How- 18,000; and the area covered by these ease- However, this increasing variability ever, part of the problem may be that the ments expanded from nearly 1.4 million of conservation easements inevitably will IRS has not been precise enough in stating acres to more than 5 million acres (Land result in more problems over time for both how conservation easement appraisals Trust Alliance 2004; see Figures 1 and 2). easement holders and future successions of should be undertaken. In addition, there are a number of national landowners in understanding, undertaking, Even if the IRS adopts a more rigorous organizations, such as The Nature Conser- monitoring, defending and upholding all approach to easement appraisal in the future, vancy and the American Farmland Trust, of the legal rights and responsibilities of it will never be in a good position to de- that hold additional thousands of conser- each easement. Heightening this effect is termine whether each easement, for which vation easements. Untold thousands of the fact that many conservation easements a charitable deduction is taken, is worthy easements also are held by federal, state are increasingly negotiated, nuanced and in terms of conferring a public benefi t and local governments. complex agreements, leaving even legal commensurate with the public subsidy. Often land trusts and government agen- experts challenged in easement prepara- That task must be undertaken by others, cies alike focus on, publicize and celebrate tion, interpretation, oversight and starting with the land trust or other ease- the accumulating numbers of conservation enforcement. ment holder and embracing some degree easements in their portfolios, as well as the of broader public participation. numbers of acres that they cover, without Valuation issues. The valuation problem equivalent regard for the quality of the for conservation easements arises in two Lack of legal standards. While conser- easements or of the lands they protect. forms: the opportunity for excessive claims vation easements are intended to be perma- Since conservation easements bring with of income, estate and property tax deduc- nent servitudes on privately held property, them long-term and costly responsibilities tions or reductions; and uncertainty as to most states have no public registry for for the holder in monitoring, stewardship, the societal and cost-benefi t calculus of conservation easements, no particular legal enforcement and defense, this focus on each easement. The valuation of donated structure and no public review, transpar- numbers can be short-term thinking that leads to long-term problems. FIGURE 2 Acres Conserved and Number of Land Trusts by Region, 2003 Lack of uniformity. The terms of conser- vation easements are infi nitely variable. 3.5

Calling something a conservation easement s) 3.0 on tells one nothing about what protections 2.5 it affords or even what legal boilerplate 2.0

served (milli 1.5 FIGURE 1 1.0 es Con

Growth in the Number of Land Trusts, 1950–2003 r

Ac 0.5 1600 2003 0 1400 2000 600 1200 1998

rusts 1994 500 rusts d T 1000 1990 400 d T

Lan 800 1988

Lan 300 600 1985 1981 200 umber of

N 400 1975 umber of 100 N 200 1965 1950 0 0 tic 1950 1960 1970 1980 1990 2000 east c tlan east orth d-A west Year N Pacifi Mi SouthwestNorthwestSouth Mid Source: Adapted from Land Trust Alliance, National Land Trust Census Source: Adapted from Land Trust Alliance, National Land Trust Census (http://www.lta.org/census/index.shtml) (http://www.lta.org/census/index.shtml)

6 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 7 ency or accountability with respect to cannot serve future generations well. Under to consider amendments to its conserva- their design, monitoring, enforcement, the present laws and conventions, how can tion easement enabling act that respond to defense or stewardship. Accordingly, there we expect holders of these easements and these issues. Finally, the Land Trust Alliance may be a growing disconnect, or perhaps succeeding generations of landowners to is already making efforts to inform and it is a correlation, between the massive understand, no less attend to, the often encourage its members to take affi rmative deployment of these new interests in real subtle differences in their terms and to but voluntary action to resolve many of estate, their nearly infi nite variability and comply with, uphold, defend and enforce these concerns. the multitude of new-born land trusts that conservation easements forever? Even while considering needed change, hold them on the one hand, and the largely Although the nearly exponential trends these reforms should not impose unreason- undisciplined laws and conventions that in the deployment of conservation ease- able transaction costs on conservation ease- govern them on the other. ments may be heartening to many in the ments. The goal is to select reforms that In sum, potential legal and other reforms land conservation community, they also are effi cient in making a difference. At the should be considered to respond to many pose equivalent challenges that require same time, it is important to consider the diverse issues related to conservation critical examination and consideration of tremendous and increasing public subsi- easements. reform. The evident solution is to create dies of conservation easements, their op- • defi ciencies in conservation easement standards for conservation easements and portunity costs and potential effects on design and uniformity their holders that are more uniform, ex- government regulatory and land acquisi- • disparities in quality and clarity of plicit, publicly transparent and rigorous. tion programs. This scrutiny is not a con- easement terms Doing so would be in the long-term best demnation of conservation easements, but • lack of publicly accessible recordkeep- interests of those in the conservation ease- rather is aimed at articulating issues and ing so that easements can be readily ment community and the public at large. possible reforms that can make easements located in the future deliver their promises. • concerns about the institutional Potential Solutions capacity of holders to undertake the Among the general approaches to reform Conclusions responsibilities of monitoring and are changes to federal tax laws; greater This should be an uneasy time for those enforcing their conservation easements state oversight of conservation easements in the conservation easement community. in perpetuity and their holders; increased self-regulation Because of alleged abuses widely reported • uncertainties about the process of by the land trust community; consolidation by the media, both Congress and the IRS easement termination and amendment and networking of land trusts; and greater are investigating easement practices by • lack of legal precision about who can supervision of conservation easements and their donors and holders. Congressional step into the void if conservation their holders by funding sources. The proposals are emerging to substantially easements are not enforced or the purpose of advancing these reform ideas is reduce tax incentives for donations of holder ceases to exist to create more predictability and stability conservation easements. The time is right • lack of public transparency in easement in the design and long-term management to explore potentially useful reforms of all creation of conservation easements, so there can be kinds in order to avoid throwing the baby • lack of public accountability for deter- a greater degree of assurance that these out with the bathwater. mining the public benefi t or conser- new inventions of real estate law will deliver The principal source of many issues vation purpose of easements on the promises that they make to future with conservation easements is the laws • lack of strategic planning in targeting generations. and conventions that govern these interests areas that should be subject to conser- The most universal approach to reform in real estate, which were created at a time vation easements would be to create more rigorous IRS when no one could have anticipated the • ambiguities with regard to appraisal standards for conservation easements, their explosive growth of easements and land and assessment practices that determine appraisals and their holders, so there is trusts. While national organizations like the public subsidy in each easement greater assurance that their public subsidy the Land Trust Alliance have shown out- • the capacity of conservation easements will result in conservation easements that standing leadership in devising and pro- to undermine public regulatory and are permanently monitored and enforced. moting standards, practices and other land acquisition programs A second and complementary approach assistance for land trusts, these standards • failure to assess opportunity costs of would be for the National Conference of are purely voluntary, and land trusts have conservation easements Commissioners, which gave birth to the no legal obligation to follow them. More- • issues related to environmental justice Uniform Conservation Easement Act in over, in some cases the worst problems and equity 1981, to reconvene and consider the issues with respect to long-term management of This state of affairs, already evident in that went unresolved in its earlier work. conservation easements involve understaffed many thousands of conservation easements, A third approach would be for each state or inattentive government holders.

6 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 7 Reinventing Conservation Easements CONTINUED

How dire is the future of conservation acquisition, should be legally account- he has held since 1990. He has been an active easements? Just as conservation easements able for upholding their part of the bar- participant in the land trust movement in are intended to endure, each of the prob- gain, including monitoring and uphold- Maine and has a wealth of experience with lems reported here will have its day, and ing the terms of each easement and conservation easements in both his professional some already have. When evaluating the assuring that its public benefi ts are and volunteer work. While at the Lincoln effectiveness of conservation easements secured in the future. Institute, he is researching and writing about under the prevailing legal structure, per- 3. The process by which conservation the challenges of conservation easements and haps the best answer is that the jury will easements are designed, appraised and reforms that may be considered to meet these be out for 100 years, but one should be managed should be more rigorous, challenges. suffi ciently concerned about a possibly publicly transparent and accountable. His working paper, Reinventing Con- adverse verdict to consider these issues With these principles in mind, there servation Easements: A Critical Examina- and ways to resolve them. are many approaches to resolving the tion and Ideas for Reform, is available on If conservation easements are to serve issues presented by conservation easements. the Institute’s Web site at www.lincolninst. future generations as is their promise, they However, to fashion the solutions one edu/pubs/workingpapers/. In the summer of will have to live up to three essential must fi rst acknowledge the problems. If 2005 the Institute will publish a policy focus principles. ever we are to take action to assure the report on this topic. For further information 1. The value of conservation easements future of conservation easements, the time or to provide comment, contact: jpidot@ depends upon their being able to effec- to do so may never be better, nor easier, lincolninst.edu. tively and permanently deliver the than now. public benefi ts they promise. 2. Landowners and conservation easement JEFF PIDOT is a visiting fellow at the � REFERENCE holders, who receive the benefi ts of the Lincoln Institute, on leave from his work as Land Trust Alliance. 2004. National Land Trust Census. November 18. http://www.lta.org/census/ state and federal laws that provide for chief of the Natural Resources Division of the index.shtml and subsidize conservation easement Maine Attorney General’s Office, a position

Community Land Trusts: Leasing Land for Affordable Housing

ROSALIND GREENSTEIN and sored by the Lincoln Institute in partner- sibilities codifi ed in the ground lease, CLTs YESIM SUNGU-ERYILMAZ ship with the Institute for Community are governed by a board of directors with Economics (ICE), based in Springfi eld, membership from the community. In the or many households experiencing Massachusetts. classic CLT model, membership is com- lagging wages or underemploy- prised of adults who live in the leased hous- ment, the purchase and fi nancing What are CLTs and ing (leaseholders); adults who live in the of a house is increasingly diffi - How Do They Function? targeted area (community members); and Fcult. High land costs are another obstacle The CLT model has evolved in the United local representatives from government, fund- to developing and securing affordable hous- States over the last 40 years (ICE 1991). ing agencies and the nonprofi t sector (pub- ing for lower-income families in some mar- Currently there are approximately 160 CLTs lic interest) (Burlington Associates 2003). kets. One way to address this second issue operating in every region of the country The CLT and the homeowner agree to is to purchase a house without the land, and in 38 out of the 50 states and the Dis- a long-term ground lease agreement (typi- and a community land trust (CLT) is one trict of Columbia. These CLTs are nonprofi t, cally 99 years) that spells out the rights mechanism that allows this arrangement. community-based organizations whose and responsibilities of both parties. Among This article reports on a roundtable mission is to provide affordable housing the homeowner’s rights are the rights to attended by approximately 25 researchers, in perpetuity by owning land and leasing privacy, the exclusive use of the property, policy analysts, technical assistance providers, it to those who live in houses built on that and the right to bequeath the property funders and CLT staff members to discuss land. Complementing their status as non- and the lease. The CLT has the right to the CLT model and related research needs. profi t corporations, as defi ned in the U.S. purchase the house when and if the owner The December 2004 program was spon- tax code, and their formal rights and respon- wants to sell.

8 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 9 The CLT’s abiding interest, as the land- owner, as the party with the option to pur- chase the improvement, and as a commu- nity-based organization, is to maintain a stake in the relationship long after the original house purchase and lease signing. For example, if buildings become deteri- orated, the CLT can force repairs; if the homeowners are at risk for default the CLT can and does act to forestall the default. The ground lease also includes a resale formula intended to balance the interests of present homeowners with the long-term

goals of the CLT. The intent of affordabil- © Dory Wegrzyn ity in perpetuity is in confl ict with the desire of most owner-occupants in the U.S. to reap real estate gains. Thus, the resale formula is designed to balance the interest of individual homeowners to benefi t from Sawmill Community Land Trust the use of their home as a real estate invest- awmill Community Land Trust (SCLT) is located near downtown Albuquerque, ment and the interest of the CLT to provide New Mexico, adjacent to Historic Old Town, which has become a leading tourist affordable housing for future homeowners. Sattraction. Gentrifi cation has increased the housing prices in the Sawmill neigh- borhood, and vacant industrial land has increased from $1.05 per square foot in 1996 Research Agenda to its current high of $4.10 per square foot. A home that sold for $26,500 in 1981 The CLT model is an extremely attractive cost $125,000 in 2000 and $175,000 in 2004. From 2000 to 2004, real increases in a mechanism for maintaining and expand- single-family home (land and housing) in the neighborhood increased by 31 percent. ing the stock of affordable housing. While Founded in 1996, SCLT evolved from existing community organizations that had the stories one hears from and about CLTs been working for years to protect the character of the ethnically diverse Sawmill are encouraging and inspiring, little research community and address environmental and pollution problems caused by a particle- board factory on the site. SCLT’s main focus has been to create a permanent stock exists regarding their effectiveness. Fur- of affordable housing in the neighborhood. thermore, despite their many attractive In partnership with the City of Albuquerque, which acquired the 27-acre former attributes, CLTs are neither well known industrial site, SCLT developed plans for 196 housing units of various types (live-work nor extensively used in the U.S. During lofts, single-family detached houses, townhouses, duplexes, senior apartments and roundtable discussions, the participants condos) as well as a plaza, park, community center, commercial space and open space exchanged perspectives and identifi ed six connected with trails. All of the 26 homes built in the fi rst phase of development clusters of questions that would constitute have been sold, and construction of a second housing phase will begin soon. SCLT a short-term CLT research agenda to help has led a cooperative effort to develop a metropolitan redevelopment plan for the inform future action. surrounding 510-acre Sawmill/Wells Park area. The plan calls for expanding the SCLT model to other neighborhoods to ensure a permanent stock of affordable housing Do CLTs provide long-term affordable and a mixed-income community for the long term. housing? The separation of ownership of land and tors that contribute to land value increases Do CLTs contribute to individual buildings is the mechanism by which are due to the economic expansion that asset building? long-term affordability is achieved. Much occurs in metropolitan areas. In strong CLT housing provides residents with of the value in structures comes from their markets the pace of value increases in land shelter, security of tenure, access to credit functionality, the materials used and the exceeds that of structures. Thus, if the and access to urban services, among other level of maintenance. These are the con- land is excluded from the price of housing, benefi ts. However, individual real estate tributions of the builder and owner. Much affordability ought to be assured over time. profi ts are limited by the design of the of the value in land comes from its loca- Research is needed to evaluate the effec- resale formula, which varies among CLTs. tion with respect to natural elements, urban tiveness of the CLT tool in providing long- Outcomes also will vary with real estate services such as transportation and public term housing affordability and to evaluate cycles in particular cities and regions. A schools, and disamenities such as solid CLTs as compared to other affordable second question, then, has to do with the waste dumps or prisons. Many of the fac- housing programs. degree to which the limitation on real

8 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 9 Community Land Trusts CONTINUED estate profi ts limits individual asset build- Do CLTs contribute to community housing policy, neighborhood planning, ing. It is possible, for example, that the building? community organizing, regional sustain- security of tenure and the predictability in CLTs are unique among U.S. community- ability and equity. Second, among policy housing costs provided by the CLT allow based organizations in that their concerns analysts this research will improve our individuals to pursue other, non-real estate are geographically focused and include understanding of the strengths and weak- strategies for asset accumulation. economic relationships, the governance nesses of the CLT model and the contexts structure of the organization, and the in which it is most useful and successful. How effective are public and nonprofi t provision of direct services. In some com- For CLT members, leaseholders, staff and sector funds when used to produce munities CLTs are connected to other or- board members, the fi ndings will provide CLT housing? ganizations serving the same community an understanding of their locally based In most cases, CLT housing requires or the same constituency. Much of the work within a national context. For fund- subsidies for the purchase of land and/or literature on neighborhood development ers and lenders the investigations will house construction. Grants typically come and revitalization focuses on the impor- provide an empirical base from which from various government sources or tance of “social capital” to people and their to make future funding decisions. private foundations. One of the premises community. Do CLTs contribute to this This work will be conducted by the of the CLT model is that these subsidies connective tissue of neighborhoods? How Lincoln Institute, the Institute for Com- are recycled later to reclaim the value of and why? Some CLTs operate across a num- munity Economics, representatives of the subsidies and to benefi t future home- ber of communities and thus have a more organizations who attended the round buyers. Public subsidies are no longer regional focus. This difference among CLTs table and others who become engaged in needed when a CLT house is sold under will lead us to consider questions of scale these issues. For example, the National the resale formula. However, it is not and community defi nition. Housing Institute already has begun a known how effi cient subsidies are when study of shared equity home ownership. used to develop CLT housing and how Why have some CLTs excelled and We expect that documenting, investi- the subsidy capture mechanisms work. others failed? gating and analyzing the history of CLTs There is great variation in CLTs across and individual experiences will provide Do CLTs provide access to urban the country. The largest, Burlington Com- a better understanding the role of land services and/or regional opportunities munity Land Trust in Vermont, has 370 in housing affordability. for leaseholders? single-family homes and condominiums Quality of housing in the U.S. is closely and 270 rental apartment leases; other CLTs ROSALIND GREENSTEIN is senior fellow related to residential location. However, may have just a handful of units available and co-chair of the Lincoln Institute’s Depart- location infl uences more than simply for lease. Some CLTs have been able to ment of Planning and Development. Contact: house quality; it also affects the existence grow signifi cantly while others have not, [email protected]. YESIM SUNGU- and quality of job opportunities and urban and some have ceased operation altogether. ERYILMAZ is a research assistant in the services such as access to transportation, There are many possible reasons for this Lincoln Institute’s Department of Planning and health care, libraries and public schools, variation in success, including staff resources Development. Contact: [email protected]. all of which have direct and indirect and skills; differences in mission; fi nanc- effects on quality of life and life chances. ing arrangements; ability to receive dona- � REFERENCES Researchers looking at regional policy tions of land; and the strength or weakness Burlington Associates in Community Development, solutions are particularly interested in of the local land and housing market. LLC. 2003. Key features of the “classic” community whether and how CLTs infl uence this access land trust. Burlington, VT: Burlington Associates. Institute for Community Economics (ICE) 1991. to urban services. Economists use the term Future Activities Regarding CLTs The community land trust legal manual. “spatial mismatch” to refer to the imbalance The Lincoln Institute is interested in CLTs Springfi eld, MA: ICE. between the location of many employment because they provide a window that en- � RESOURCES opportunities in the suburbs and the loca- courages a deeper understanding of the Burlington Community Land Trust (http:// tion of unemployed jobseekers in the city signifi cant role that land plays in social www.bclt.net/) centers. Many participants at the round- and economic development and the mech- Fannie Mae Corporation (search for the link to CLTs) (http://www.fanniemae.com/ table were interested in exploring the degree anisms by which it occurs. The roundtable housingcommdev/) to which CLTs facilitate bridging this mis- participants hope that investigation into Institute for Community Economics (ICE) match because of their specifi c location this research agenda would accomplish (http://www.iceclt.org) within a region, their connections to other a number of objectives. Policy Link. See Equitable Development Toolkit and link to CLT case studies. (http://www.policylink. organizations in the neighborhood and First, new research would spread org/EDTK/CLT/action.html) region, or employment and training pro- knowledge of CLTs to practitioners in National Housing Institute (NHI) (http:// grams offered to support CLT residents. fi elds ranging from urban development to www.nhi.org/)

10 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 11 The Social Urbanizer: Porto Alegre’s Land Policy Experiment

The Lincoln Institute has been cosponsoring research and training programs with public offi cials in Porto Alegre, Brazil, for several years. The land policy experiment described in this article represents an innovation with much pedagogical potential be- cause it brings attention to the importance of procedural factors (e.g., management, negotiation, transparency, public legitimacy) in the provision of serviced land for the poor, over and above the conventional attention given to funding and other resources.

MARTIM O. SMOLKA and implies that services may be extended into tion pro-grams are being established in CLÁUDIA P. DAMASIO areas that are unsuitable for occupation. many cities, but their effectiveness to date Private or public utility companies also has been limited (Smolka 2003). More pproximately one billion extend their services to new settlements seriously and paradoxically, the expecta- people around the world irrespective of their legal status, and often tion created by these programs has tended currently live in slums with without consulting the local authorities. to increase the number of people resorting precarious infrastructure and to irregularity. In sum, the typical process Awithout basic services or secure land title, Typical Occupation Processes by which the urban poor access serviced and this situation is expected to worsen in The most common current practice for land is ineffi cient and unfair, and ulti- the future (UN-HABITAT 2003). From creating irregular settlements involves the mately feeds into a vicious cycle of irregu- the perspectives of both the urban order occupation of a parcel of land through a larity by contributing to poverty rather and the environment, irregular land occu- complex series of commercial transactions than mitigating it. The problem is not pations often cause irreversible damage involving the landowner, the developer or so much what services are provided, by and impose high urbanization costs for the land subdivider, and often the future occu- whom and at what scale, but how, when local government and the society as a whole. pants. Landowners seek a way to extract and where the process operates to provide Irregularity is a multidimensional phe- profi ts from the land; subdividers ignore those services in the fi rst place. nomenon involving tenure issues (e.g., legal the need to comply with municipal codes rights of occupation, title registration); and produce a low-cost, high-profi t sub- The Case of Porto Alegre compliance with urban norms and regula- division; and the poor occupants purchase Porto Alegre (population 1,360,590 in tions (e.g., lot sizes, allowance for public these illegal plots because they have no 2000) is the capital of the southernmost spaces, street layouts); the number and other option and may be unaware of the state in Brazil and the center of a metro- quality of services provided; the type of legal status. They usually lack a regular politan area of 31 municipalities (see area where settlement occurs (e.g., ecologi- income source and savings to apply for Figure 1, page 12). The city’s quality of cally risky areas, hillsides, contaminated credit and meet the stringent building life improvements have gained worldwide brownfi elds); and above all the occupation codes and other conditions required for recognition, largely as a result of its poverty process itself, which is usually the oppo- formal purchase and occupation. reduction and social inclusion programs site of formal development, whereby occu- Prospective occupants buy the “right and its widely acclaimed participatory pation is the culmination of a legal and to occupy” through a plot acquisition con- administration processes (Getúlio Vargas regulated sequence from titling to plan- tract and proceed to organize plot boun- Foundation 2004; Jones Lang Lasalle 2003; ning to servicing. daries, street layouts and the construction UNDP 2003). For example, the level of Basic infrastructure is frequently avail- of simple houses. When an offi cial inspec- infrastructure services is very high: 84 per- able in irregular areas, but it is installed tion is made it’s already too late; houses cent of the city’s houses are connected to either by unregulated subdividers or after have been built and the community is or- the sewerage system; 99.5 percent receive occupation by public agencies, often as an ganized to resist. Public authorities cannot treated water; 98 percent receive electric- emergency measure. For example, some- keep up with this cycle of complicity, and ity; and 100 percent of suburbs are serviced times the main trunk networks for water thus restrict their role to minimal inspec- by selective waste collection (Municipality and sewer systems exist close to areas where tion activities that both conceal a manage- of Porto Alegre 2003). irregular settlements are forming, so the ment model tolerant of informality and In spite of these impressive fi gures, 25.5 subdivider or occupants simply improvise expose the absence of other housing options percent of the population lives in the city’s clandestine connections to tap into the for that segment of the population. 727 irregular settlements (Green 2004). It main line. For small settlements this kind High-cost curative actions to introduce is estimated that the annual population growth of intervention is not disastrous, yet it urban improvements and title regulariza- in these areas is 4 percent compared to

10 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 11 The Social Urbanizer CONTINUED

1.35 percent for the city as a FIGURE 1 Porto Alegre’s Social whole. These facts present an Settlement Patterns in Porto Alegre Urbanizer program incorpo- apparent paradox and conun- rates lessons learned from both drum: How to reconcile wide- real challenges and untapped spread provision of basic ser- opportunities for public action, vices with the increase of irreg- and it is inspired by several ularity in a period of successful, specifi c ideas. First, land sub- popular and participatory ad- dividers operating to provide ministration? access to urban land by the Since the introduction of de- low-income sector (albeit centralized participatory bud- through illegal activities) have geting in 1989, public invest- an expertise and familiarity ment decision making in Porto with that sector that public Alegre has improved, but the authorities do not have. Thus, process remains economically rather than demonize or punish ineffective, technically inappro- these agents, the Social Urban- priate, environmentally disas- izer approach takes a new atti- trous, fi scally unfair (because tude toward attracting them land subdividers pocket monies with appropriate incentives that should benefi t the public) (and sanctions) so they can and politically unsustainable. operate legally. Furthermore, Many areas still have serious while it is common knowledge problems: poor quality streets that a subdivider can usually without drainage or paving; operate more profi tably at the geological instability and sus- margin of the law, because of ceptibility to fl ooding; and a lower overhead costs, avoid- lack of legal titling, which ance of legal approvals, and so means, for example, no address Source: Municipality of Porto Alegre, Social Urbanizer Program (http://www2.portoalegre.rs.gov.br/spm/) forth, it is less well known that, for postal delivery. Neverthe- given the option, many of these less, the Porto Alegre case is interesting who is interested in developing in areas subdividers would rather operate legally, because it vividly demonstrates that the identifi ed by the government as suitable even if it means a lower profi t margin. problem of confronting irregularity is less for low-income housing, and who agrees Second, the land value increments one of providing services than of changing to operate according to certain negotiated generated by land transactions could be the process by which the services are terms, including the affordability of the converted into a source of revenue for the provided. It’s a procedural process, a serviced plots. The process contemplates a development. In practice this share of change in the rules of the game. public-private partnership through which value should be distributed both directly the municipality commits to make certain by the landowner (as an in-kind contribu- An Innovative Urban Policy Instrument urban norms and regulations more fl ex- tion of land beyond what is legally required The Social Urbanizer concept was devel- ible, to speed up the licensing process, re- in land subdivisions for low-income oped in Porto Alegre as an instrument, duce the legal requirements, and recognize occupations) and indirectly by the sub- and more generally a program, to over- progressive, step-by-step urbanization. It divider through negotiated lower land come the existing unsustainable process also anticipates using the transfer of devel- prices for the low-income buyers. In most of providing urban services in spite of a opment rights as a stimulating mechanism cases of irregular development the public long history of regulatory legislation (see for private developers. Other incentives may is not able to capture and benefi t from Figure 2). Enacted in July 2003 shortly take the form of access to specifi c lines of this increase in land value. after approval of Brazil’s innovative City credit or certain direct public investments Third, by giving public transparency Statute Act, the Social Urbanizer Act was in urban infrastructure so the costs are to the terms of direct negotiations and the the result of signifi cant dialogue involving not passed on to the fi nal buyer. Eligible resulting win-win agreement among all the building industry unions, small land Social Urbanizer applicants include duly the interested parties (i.e., landowners, subdividers, housing cooperatives, fi nan- registered real estate developers, contrac- developers, public authorities, prospective cial agents and the City Council. tors already working in the informal buyers), the Social Urbanizer process A Social Urbanizer is a real estate market, landowners and self-managed creates adequate sanctions for compliance developer registered with the municipality cooperatives. with the norms established for the develop-

12 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 13 ment. Another component of the negotia- FIGURE 2 tion process has to do with the agreed Chronology of Urban Policies in Porto Alegre investment schedule and its effect in diffusing speculative pricing. 1979 – Approval of the Federal Subdivision Law (6766/1979) and the First Development Fourth, to have any chance of success Master Plan for Porto Alegre this new mode of urbanization should 1990 – Establishment of the Urban Regularization Program be able to provide an adequate supply of 1996 – Creation of the Urban Regularization Center serviced plots to meet social needs under 1998 – Announcement of Land Title Regularization Year competitive market conditions (i.e., more 1999 – Approval of the Environmental Development Master Plan affordable than the conditions of other- 2001 – Implementation of a pilot plan of a differentiated taxation model, based on wise informal subdividers). In effect an preventive action, operating in the region of the city that suffers the highest essential ingredient of the program’s number of irregular settlements rationale is that it establishes new rules 2001 – Enactment of Brazil’s City Statute Act on Urban Development (Law 10.257/2001) for social urbanization in general. The sig- 2003 – Enactment of the Social Urbanizer Act (Law 9162/2003) nal should be clear to private agents that 2005 – Implementation of the Social Urbanizer pilot projects the Social Urbanizer process is the only way for the government to participate in the development of socially approved and FIGURE 3 affordable settlements. Land Occupation Comparisons by Alternative Agents/Processes

The Social Urbanizer as a Third Path TYPE OF AGENT/PROCESS For the public interest, the primary goal Formal Informal Social Urbanizer of this strategy is to establish the basis Area to be Occupied for development before occupation takes Designated for development Unfi t for the formal market Appropriate and encouraged place, or at least according to a schedule for occupation allowing for signifi cant reduction or con- trol of urbanization costs (see Figure 3). Urban Infrastructure Provision Public administrations in third-world Prior to occupation Long after the occupation, Concomitant with occu- and often only partially pation or with predictable cities typically respond to the inability of provided planning the poor to access formal land markets

through two models or paradigms. Under Land Use Norms and Regulations the subsidy model the public intervenes Compliance with standard Established informally Flexible, adjusted to the to provide serviced land either directly master plan defi nitions by occupants type of area and occupants through publicly developed settlements on an emergency basis, or indirectly through Role of Public Administration below-market interest for developers oper- Fiscal regulation of licensed Tolerance of irregularity Sponsored from conception ating in that segment of the market. At development projects to implementation the other extreme, the 100-percent toler- ance model recognizes that the government Occupants/Target Group does not have the capacity to provide all Able to purchase with full Groups with no other Previously registered and credit credentials alternatives approved for participation the serviced land needed, and thus tolerates irregular and informal arrangements that may eventually be improved with various Lot Prices/Affordability regularization programs. Market-based, usually for Based on lot size and type Negotiated with subdividers those above middle-income of services, not price per se in advance Both approaches keep land market level conditions untouched and feed into the vicious cycle of informality. In the fi rst case Funding/fi nancing the subsidies are capitalized into higher Private banking system and/ Costs borne primarily by Special credit lines from land prices, and in the second case they or self-fi nancing by developer occupants paying up front local government and CEF allow land subdividers to charge a premi- um based on the expectation of future Relations Among Actors/Agents regularization: the higher the expecta- Competitive market relations Complicity through illegal Negotiated partnerships tion, the higher the premium. transactions with clear liabilities

12 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 13 The Social Urbanizer CONTINUED

The Social Urbanizer represents a third 4. The program also must be able to Another related improvement is the wil- path that recognizes both the role and increase the viability of partnerships lingness of the local administration to expertise of informal land subdividers who with small developers, which usually void requirements on developers’ risk operate in the low-income segment of the do not possess the internal infrastruc- analysis, an essential ingredient to open market and the indispensable role of pub- ture and fi nancial resources to operate the fi eld to small developers. lic agents in supporting the poor to par- in this kind of market. The innovation of the Social Urbanizer ticipate in otherwise inaccessible market 5. The Social Urbanizer must ensure its instrument, as compared to traditional pub- conditions. In other words, this program stability and role as a structural element lic methods of dealing with urban irregu- represents an effort to “formalize the in- of urban policy in accordance with the larity, has attracted the attention of many formal” and “informalize the formal” by principle of democratic access to land. organizations and other municipalities. At facilitating and providing incentives for Porto Alegre is currently experiencing a federal level the Social Urbanizer is con- developers to operate with more fl exibility political changes that are generating sidered fully integrated with the principles in the normally unprofi table low-income uncertainty and caution after 16 years of the City Statute, which has brought market. It is an instrument designed to with the same progressive political support from Brazil’s Ministry for Cities. encourage both entrepreneurs operating group in power. Ultimately the Social Another federal law that deals with the in the clandestine real estate market and Urbanizer will not create signifi cant subdivision of urban land is now being dis- those operating in the formal, higher- results unless the municipal govern- cussed in the Brazilian National Congress, income market segment to develop land ment incorporates its principles in a and the Social Urbanizer is part of that under the existing regular standards. strategic manner over the long term. debate as well. If adopted, this subdivision The Social Urbanizer Act represents an legislation will be an important step toward attempt to change the rules on how low- Early Stages of Implementation changing the traditional and perverse pro- income housing needs are to be addressed. Porto Alegre has fi ve Social Urbanizer cess of providing access to land for the It gives a clear signal to the private agents pilot projects at different stages of devel- urban poor in other Brazilian cities. operating in the land market and protects opment. They involve different types of the public from arbitrariness in private developers so they can function as true MARTIM O. SMOLKA is senior fellow at development actions. It has proven to be experiments: small developers, developers the Lincoln Institute, director of the Program an indispensable tool for public manage- already established in the market, and on Latin America and the Caribbean, and co- ment. As a break with current practices, housing cooperatives. One of these pilot chairman of the Department of International however, the program still faces many areas has demonstrated that 125 square Studies. Contact: [email protected]. challenges in implementation. metres (m2) of fully serviced land can be CLÁUDIA DAMASIO is an architect and 1. From an institutional point of view, produced at a price ranging from US$25 former under-secretary of planning for the it must overcome the city’s traditional to US$28 per m2 in contrast with the Municipality of Porto Alegre. She now serves model of urban development, which formal market price of US$42 to US$57 as coordinator of the Social Urbanizer project. has been limited to regulation and per m2 for the same amount of land. The Contact: [email protected]. inspection. This tradition can interfere fi rst price range represents how much a with the public authorities’ roles as a developer is actually willing to contract manager, a leader of urbanization with the local administration to operate � REFERENCES processes and a regulator of relations under the Social Urbanizer framework. Getúlio Vargas Foundation. 2004. Revista Você S/A. Editora Abril. August 10. São Paulo, Brazil normally left to the market. The municipality also attempted to Green, Eliane D’Arrigo, ed. 2004. Irregularidade 2. From the municipal administration’s gain fi nancial support for social urbaniza- fundiária em Porto Alegre por região de planeja- mento (Land irregularity in Porto Alegre by planning view, the goal is to coordinate its many tion activities from Caixa Econômica regions) Municipality of Porto Alegre, Secretary of agencies, branches and entities to Federal (CEF), the federal organization Municipal Planning. www.portoalegre.rs.gov.br/spm/ encourage activities that are economi- responsible for fi nancing housing and Jones Lang Lasalle. 2003. World Winning Cities II. http://www.joneslanglasalle.com/research/index.asp cally viable and attractive for develop- urban development. The agency is Municipality of Porto Alegre. 2003. Informaçöes a ers, but that goal may be at odds with creating a new fi nancial line within its cidade: Títulos e Conquistas (Information about the city: Titles and achievements). www.portoalegre.rs. typical public-sector concerns. partnership program in which credit is gov.br 3. To attract large development compa- given to the buyer, who will knowingly Smolka, Martim O. 2003. Informality, urban poverty nies that will be better partners for the use it to purchase a plot of land. Until and land market prices. Land Lines 15(1): 4–7. UN-HABITAT. 2003. The Challenge Of Slums: Global public authorities, the instrument will now this fi nancial option was only avail- Report On Human Settlements. Nairobi, Kenya: have to be highly attractive, since this able for the acquisition of a housing unit UN-HABITAT. http://hq.unhabitat.org/register/ item.asp?ID=1156 type of developer already has suffi ci- before construction. Thus the idea of a United Nations Development Programme (UNDP). ently profi table opportunities at the credit line to ultimately fi nance the 2003. Human Development Report 2003. New York: top end of the market. development of serviced land is a novelty. Oxford University Press. http://www.undp.org/

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Lawrence Susskind

Lawrence Susskind is the Ford Professor of Urban and Environmental Planning at Massachusetts Institute of Technology and president of the Consensus Building Institute, in Cambridge, Massachusetts. He graduated from Columbia University and received his Masters of City Planning and his Ph.D. in Urban Planning from MIT. As current head of the Environmental Policy Group in MIT’s School of Architecture and Planning, he teaches courses on international environmental treaty negotiation, public sector dispute resolution and environmental planning. He also holds a joint appointment at Harvard University as visiting professor of Law and director of the Public Disputes Program at the interuniversity Program on Negotiation, which he helped to found. Susskind has published many books and reports and held many visiting appointments and guest lectureships. He is a faculty associate of the Lincoln Institute. Contact: [email protected].

Land Lines: How did you become ing on the “mutual gains” approach to interested in land use mediation? negotiation developed at the Program on Negotiation at Harvard Law School, CBI Lawrence Susskind: Land use planners are offers confl ict management assistance, supposed to ensure that the public is in- negotiation training, dispute system design volved in all growth management decisions. services and evaluative research to public Yet, most efforts to ensure such public agencies, corporate clients and nongovern- participation lead to protracted political mental agencies on fi ve continents. battles. Within the planning profession it Our staff now includes a dozen full-time is not clear how competing conceptions of professionals, mostly based in Cambridge, appropriate land uses ought to be recon- and a network of more than 30 experienced ciled. Since the early 1970s I have been affi liates around the world. We have be- trying to introduce the concept of media- come known as expert public and environ- tion as well as other confl ict management mental dispute mediators and have helped tools into the lexicon of professional plan- LL: When did you start collaborating to resolve complex disputes related to the ners. In my view, in the absence of con- with the Lincoln Institute? siting of controversial facilities, the setting sensus building strategies of some kind, LS: My ties to the Lincoln Institute go of public health and safety standards, the most communities are doomed to use re- back a long time. When Arlo Woolery formulation and implementation of devel- sources ineffi ciently, unfairly and unwisely. was executive director in the late 1970s, opment plans and projects, and confl icts I got interested in land use mediation as we worked together on a multiyear effort among racial and ethnic groups. a way of helping the planning profession to analyze the impacts of the Property do a better job. Tax Limitation Law (Proposition 2 1/2) in LL: When did the joint Lincoln and CBI Massachusetts and on the state’s Growth training programs begin? LL: What types of land use disputes are Policy Development Act. Two decades later, most diffi cult to resolve? in 1997, I began working with Rosalind LS: After several years of careful analysis of land use mediation efforts throughout LS: Land use disputes that revolve around Greenstein and later Armando Carbonell, the United States, CBI developed a cur- values or identity are the most diffi cult to co-chairs of the Institute’s Department of riculum with Lincoln Institute for public resolve. When values (as opposed to econ- Planning and Development, on a series of offi cials and planners, and that course has omic interests) are at stake, people often research projects that evolved into the been offered since 1999 at a number of feel that their identity is threatened and in training programs on land use mediation locations. During the fi rst few years we such situations they are rarely open to con- that we (LILP and CBI) currently offer offered only a basic course designed to sidering the views of others. For example, together. familiarize participants with assisted nego- proposed changes in land use that would tiation as a method to resolve land use dis- eliminate agriculture as a way of life are LL: Explain a little more about CBI. putes, and then we expanded our offerings not likely to be accepted, even if fi nancial LS: The Consensus Building Institute is a to include more detailed skill building for compensation is offered to the landowners not-for-profi t organization founded in 1993 experienced mediators and practitioners. involved. to provide consensus building services to Today we offer a full range of courses at clients involved in complex disputes. Build- multiple locations around the country.

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LL: Who are the primary participants in methods of handling science-intensive Greenstein CBI is creating a new set of these introductory and advanced courses? disputes through the use of joint fact training programs for community-based fi nding. We also review key theoretical organizations that we plan to offer for LS: We are trying to reach three different debates, such as managing unequal power the fi rst time next summer. audiences. First, we have identifi ed and relationships in a mediation context. Another new initiative is a collabora- invited local elected and appointed offi cials tive Web site that highlights recent research who preside over land development dis- LL: How do you incorporate both theory by the Lincoln Institute and CBI, as well putes and administer land use regulatory and practice into the curriculum? as timely news articles, background systems at the local, regional and state material on consensus building, and links levels. They need to know that there are LS: We expect many of the participants to to related programs and publications. One techniques they can use to help resolve bring their own stories about land use dis- section of the site will provide an interac- land use disputes before they escalate. putes in which they have been intimately tive platform that will permit hundreds Second, we are trying to attract real involved. We model in real time how the of alumni of our joint courses to remain in estate developers and their attorneys so theory we are teaching can be applied in touch with each other and share their medi- they know how to participate effectively their cases. We also try to ground all of ation experiences. This “virtual learning in dispute resolution efforts when they are our theoretical presentations in detailed community” will be a valuable resource offered or suggested by public offi cials. case accounts of actual practice. Finally, for public- and private-sector stakeholders Third, we have a special interest in attract- as mentioned above, we use role playing involved in land use disputes (even if they ing professionals of all kinds who want to simulations. Students can’t just sit back have not taken the course). learn how to be better facilitators, particu- and take notes. They have to wrestle with larly of multiparty land use dialogues that the application of the ideas we are LL: What is the outlook for future joint involve complex technical dilemmas. presenting. programs? LL: What are the key goals and lessons LL: What other projects have you LS: I believe our ongoing CBI–Lincoln of these programs? undertaken with the Institute? Institute partnership holds incredible promise. We have conducted an Institute- LS: The introductory course offers a quick LS: About a year ago, in May 2004, I sponsored study on the use of consensus overview of the reasons that land use dis- joined Institute President Jim Brown at building to resolve land reform disputes in putes seem to escalate so quickly and often a Lincoln-sponsored seminar in Cuba on Latin America and hope to expand on that end up in court. We then introduce the the problems of restoring and redevelop- work, as well as to address land issues fac- basic principles and tools of dispute reso- ing Havana Harbor. Energy production ing China and the newly independent lution and show how they can head off and inadequate attention to pollution con- states of Eastern Europe. The Institute is such escalation. They are presented in a trol have spoiled one of the most beautiful already involved in research and training very interactive way using gaming and harbors in this hemisphere. Some of the programs in these regions, and land use simulations. Participants are given a num- many different committees and groups disputes are at the core of many of the ber of hands-on opportunities to apply what concerned with economic development, challenges facing national and local they are learning in hypothetical situa- environmental cleanup, restoration of the policy makers. tions and to bring their own cases before harbor ecology, historic preservation of The Lincoln Institute is an ideal part- the group. We spend some time talking Old Havana, and enhanced tourism are ner for CBI. We both care about applied about techniques for overcoming resis- seeking advice on strategies for balancing research, theory-building and sharing new tance to the use of mediation and other these (sometimes) competing objectives. knowledge through educational programs consensus building strategies. CBI is beginning to develop a new of all kinds. We both measure our success The advanced course is aimed at experi- joint course with the Lincoln Institute in terms of real improvements on the enced mediators or planners and lawyers and some of its partners involved in local ground, and we share interests in both who think they might want to become economic development efforts around the domestic and international arenas. mediators. It assumes that the participants country. We believe confl ict resolution have mastered the material presented in tools and negotiation skills can be of great the introductory course and moves to a set use in neighborhood development dis- of dilemmas at the next level, including putes, not just growth management confl icts in the suburbs. With Roz

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Emerging Land and Housing Markets in China

and and housing policies are 5. Urban Land Supply in the Chinese of fundamental importance to Transitional Economy: Case Studies in sustainable economic growth and Beijing and Shenzhen, Xiaochen Meng L the well-being of the rapidly and Yanru Li growing Chinese population. Therefore, 6. Recycling Contaminated Land: research on land and housing policy reform A Potential Strategy for Increasing has long been of interest to many scholars Land Supply in China, Nelson Chan and institutions around the world. The very title of this book—Emerging Housing Policy Reform Land and Housing Markets in China— 7. Housing Policy in the People’s Republic refl ects an important strategic shift in of China: An Historical Review, Yan China’s recent history. Since 1949 China Song, Gerrit Knaap and Chengri Ding has been pursuing a centrally planned economy and for many years was reluctant 8. Development of the Chinese Housing to inject market mechanisms into its policy Market, Xing Quan Zhang framework because of debates over social- 9. Property Developers and Speculative ist orthodoxy or other political issues. the present situation and outlooks for the Development in China, Bo-sin Tang and Today, much has changed. China’s reform future. Sing-cheong Liu efforts since 1978 have been considered a As the Chinese government honors its successful example of addressing land and commitment to carry out a range of 10. Socialism, Market Reform and housing policy issues, and a careful analy- socioeconomic reforms, this book makes Neighborhood Inequality in Urban sis of these reforms may pertain to other its contribution by providing an historical China, John R. Logan countries. review of land and housing reform policies The results of research on China’s reforms and a framework to stimulate discussion, Conclusion have not yet been documented compre- thereby eliciting a more vigorous ex- Chengri Ding and Yan Song hensively, but it is possible to address the change of ideas and policy recommenda- following areas: the impacts of reform on tions among those engaged in research or CHENGRI DING is associate professor in the urban development, resource management practice in China’s land and housing Department of Urban Studies and Planning at and quality of life; an historical policy policy reform. the University of Maryland in College Park review to support understanding of both and serves as special assistant to the president accomplishments and fl aws in the reforms; Introduction of the Lincoln Institute for the Program on the and proposals of innovative measures to Chengri Ding and Yan Song People’s Republic of China. YAN SONG is address problems and issues that remain. assistant professor in the Department of City This book organizes current research on Land Policy Reform and Regional Planning at the University of China’s land and housing policy reforms in 1. Urban Land Policy Reform in China’s North Carolina at Chapel Hill. a way that is accessible to a wide audience Transitional Economy, Chengri Ding of decision makers, nongovernmental or- and Gerrit Knaap Emerging Land and Housing ganizations and academics; it is one of the Markets in China 2. The Dual Land Market and Urban Devel- Edited by Chengri Ding and Yan Song few records of this kind available in English. opment in China, Anthony Gar-on Yeh Most of the chapters are based on the pro- Published by the Lincoln Institute of Land Policy 2005. 278 pages. Tables, fi gures, maps, ceedings of sessions sponsored by the Lin- 3. The Land Administration Law of 1998 bibliographic references, glossary, index. coln Institute of Land Policy at the World and Its Impact on Urban Development, Paper $25.00 ISBN 1-55844-156-5 Planning Congress held in Shanghai, China William Valletta in July 2001. The chapters have been edited Ordering Information 4. China’s Land Resources and Land Use and updated to incorporate a review of the Change, George C.S. Lin and Samuel P.S. Ho Contact Lincoln Institute at history of China’s reforms, evaluations of www.lincolninst.edu or [email protected]

16 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 17 NEW COPUBLISHED BOOKS

inking the worlds of community tion with academic institutions to high- development, higher education light a range of smart growth partnerships. administration and urban design, Additional support was provided by the this accessible guidebook offers Association of Collegiate Schools of Plan- L ning and the Lincoln Institute. useful information on how universities and communities can best develop partnership projects. Its focus on smart growth projects WIM WIEWEL is the provost and senior vice further enhances its value for those interested president for Academic Affairs at the University in how urban, suburban and rural growth of Baltimore. GERRIT-JAN KNAAP is pro- can be accommodated while preserving open fessor of Urban Studies and Planning and director spaces and quality of life. of the National Center for Smart Growth Research Edited by Wim Wiewel and Gerrit-Jan and Education at the University of Maryland, Knaap, Partnerships for Smart Growth includes College Park. 13 case studies of university-community collaborations on smart growth initiatives, who was involved, what techniques were Partnerships for Smart Growth: grouped in four categories: smart growth employed, what were the pitfalls, and what University-Community Collaboration in the curriculum; smart growth in research was the outcome. The result is a book with for Better Public Places centers; smart growth by collaboration; and wide appeal for university administrators, Edited by Wim Wiewel and Gerrit-Jan Knaap smart growth in the community. The chapters land use planners, scholars and community Published by M.E. Sharpe, Inc., in cooperation with the Lincoln Institute of Land Policy include geographically diverse locations and development experts. 2005. 264 pages. Tables, fi gures, maps, urban, suburban and rural projects. Each The initiative for this book came from bibliographic references, index. case includes a comprehensive discussion the United States Environmental Protection Cloth $79.95 ISBN 0-7656-1559-2 of how and why the project was initiated, Agency, which sought to increase coopera- Paper $34.95 ISBN 0-7656-1560-6

role of the university as urban developer. and the Lincoln Institute. The cases pre- Accessible and clearly written, and including sented in the volume are part of a larger contributions from authorities in a wide set of educational and research endeavors range of related areas, it offers a rich array that constitute the Lincoln Institute’s The of case studies and analyses that clarify the City, Land and The University Program important roles that universities play in the (http://www.lincolninst.edu/subcenters/clu/). growth and development of cities. The cases describe a host of university practices, com- DAVID C. PERRY iiss ddirectorirector ooff tthehe GGreatreat CCitiesities munity responses and policy initiatives sur- Institute at the University of Illinois at Chicago. rounding university real estate development. WIM WIEWEL is the provost and senior vice Most of the 17 chapters are in sections titled president for Academic Affairs at the University The Campus and the City: Neighborhood, of Baltimore. Downtown, and Citywide Development; and University Development Practices: Acquisi- The University as Urban Developer: niversity-based property tion, Finance, Development, and the Deal. Case Studies and Analysis development is an important Through a careful blending of academic Edited by David C. Perry and Wim Wiewel element of urban formation. analysis and practical, hands-on adminis- Published by M.E. Sharpe, Inc., in cooperation Yet there is little information trative and political information, the book with the Lincoln Institute of Land Policy Uavailable to explain the signifi cance of the charts new ground in the study of the uni- 2005. 352 pages. Tables, fi gures, maps, bibliographic references, index. university presence in urban development versity and the city. It is the product of a Cloth $79.95 ISBN 0-7656-1541-X and enhance the state of the practice. multiyear collaborative project of training, Paper (to be announced) Integrating topics in urban development, professional development and research by Ordering Information real estate, higher education administration, the editors, David C. Perry and Wim Wiewel, Contact Lincoln Institute at urban design and campus landscape archi- in conjunction with the Great Cities Insti- www.lincolninst.edu or [email protected] tecture, this is the fi rst book to explore the tute at the University of Illinois at Chicago

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Courses and Conferences opers and citizen stakeholders to principles This in-depth review of fundamental plan- he open enrollment courses and and techniques that can be applied in dif- ning principles and the planning process conferences listed here are presented ferent metropolitan contexts. Previous courses explores both the theoretical and practical Tat Lincoln House in Cambridge, have dealt with such topics as the design aspects of comprehensive planning. It is Massachusetts, unless otherwise noted. For of a sustainable suburban highway corridor designed to equip participants with state- more information about the agenda, faculty, and ways to redesign mature suburban areas of-the-art tools and techniques for realizing accommodations, tuition fee and registra- into pedestrian-friendly, transit-oriented specifi c planning objectives, and for framing, tion procedures, visit the Lincoln Institute centers with a strong sense of place. implementing, assessing and managing com- Web site at www.lincolninst.edu/education/ prehensive plans. Topics include strategic courses.asp or e-mail [email protected]. MONDAY, APRIL 18–SUNDAY, MAY 29 and long-range planning, the land use plan, For more information about the Institute’s Online at http://www.lincolninst.edu/ the capital improvements plan, the plan and education/education-coursedetail.asp?id=264 the map, zoning, and growth management. Program on Latin America and the Caribbean, Applications of Multipurpose Cadastres visit www.lincolninst.edu/aboutlincoln/lac.asp. in Urban Land Policy Development Diego Alfonso Erba, Lincoln Institute of Land Policy WEDNESDAY, MAY 11–FRIDAY, MAY 13 Denver, Colorado MONDAY, APRIL 11 This interactive course seeks to enable the Tampa, Florida Advanced Course on Mediating Land participants to evaluate current cadastre GIS for Community-Based Organiza- Use Disputes tions: A Focus on Capacity Building systems in their own jurisdictions through- Lawrence Susskind and Merrick Hoben, Consensus out Latin America. It also aims to develop Building Institute, Cambridge, Massachusetts; for Planning and Development Matthew McKinney, Public Policy Research Insti- Ann-Margaret Esnard, Department of City and alternative methodologies to support changes tute, University of Montana, Helena; and Patrick Regional Planning, Cornell University, Ithaca, New necessary to create an information system Field, MIT–Harvard Public Disputes Program. York; Rosalind Greenstein, Lincoln Institute; Josh Kirschenbaum, PolicyLink; Milton Ospina, that can improve the implementation of This interactive three-day course is designed ESRI; Manny Rivero, University of South Florida, land policies to promote urban development. for those who have attended Mediating Land Jim Walter Partnership Center; Trish Settles, Marlborough Community Development Corpor- Use Disputes I or are trained mediators TUESDAY, APRIL 26–SATURDAY, APRIL 30 with public policy dispute resolution ation; Michelle M. Thompson, Lincoln Institute Curitiba, Brazil GIS technology (including Web-GIS) Land and Building Taxation in Latin experience. Participants explore different is used increasingly by community-based America approaches to consensual land use decision organizations (CBOs) for planning and Claudia De Cesare, Municipality of Porto Alegre, making and deepen their understanding of Brasil; Martim Smolka and Diego Alfonso Erba, assisted nego-tiation techniques to settle development geared at improving a com- Lincoln Institute of Land Policy; Carlos Morales, munity’s overall quality of life. To help Autonomous University of Mexico, Mexico City land use disputes. They also learn about the special problems associated with infra- CBOs keep up with the rapidly changing Leading practitioners involved in policies structure and facility siting disputes, dis- technology while maintaining their mission, and administration of property taxes share agreements over how to manage new this course presents general strategies for lessons and experiences, improve their access development, environmental justice successful CBO-university-city government to useful information, and exchange views battles, zoning and permitting rights, and collaborative projects, capacity building on complex and controversial tax issues. discord over the preparation of long-range and GIS implementation; and case studies Theoretical and practical aspects of the pro- resource management and land use plans. on the types of land development projects perty tax are examined: determination of and analyses that can be enhanced with property values; the context of urban fi nance; mapping and GIS analysis. THURSDAY, MAY 12 principles of taxation; components and defi ni- Boise, Idaho tion of the tax base; assessment performance; Visualizing Density THURSDAY, APRIL 14–FRIDAY, APRIL 15 tax rates and exemptions; information Julie Campoli, Terra Firma Urban Design, Burling- Santa Ana Pueblo, New Mexico systems (cadastre, maps and GIS); analysis ton, Vermont; and Alex MacLean, Landslides Redesigning the Edgeless City Aerial Photography, Cambridge, Massachusetts Robert Lane and Robert Yaro, Regional Plan of current systems; and responsibilities of As smart growth initiatives gain momentum Association, New York City; Patrick Condon, policy makers and administrators. Landscape Architecture Program, University of across the country, one of the persistent British Columbia, Vancouver; and Dan Marckel, WEDNESDAY, MAY 4 obstacles to compact development is the College of Architecture and Landscape Architec- Lincoln House public’s aversion to density. Misplaced concerns ture, University of Minnesota, Minneapolis Comprehensive Planning over density often prevent the construction This course introduces planning and policy John R. Mullin, Dean of the Graduate School and of urban infi ll projects or the revision of advocates, city and state offi cials, and devel- Director of the Center for Economic Development, University of Massachusetts, Amherst zoning regulations that would allow for com-

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pact growth. This workshop offers planners, MONDAY, JUNE 20 FRIDAY, JUNE 24–SATURDAY JUNE 25 designers and community development Lincoln House Santa Fe, New Mexico offi cials specifi c tools for understanding the Ecology and Conservation Fundamen- Visioning and Visualization tals: A Practical Course for Planners, Michael Kwartler, Environmental Simulation link between urban design and residential Architects, Developers and Citizens Center, New York City; and Gianni Longo, density. Using aerial photography and com- Dan L. Perlman, Environmental Studies ACP–Visioning & Planning, New York City puter graphics, the program explores how Program, Brandeis University, Massachusetts; Visioning has become an accepted technique various design approaches accommodate and Frederick R. Steiner, School of Architecture, to build broad-based agreement on goals The University of Texas at Austin different levels of density. Also offered online. and strategies for the future of a neighbor- This course introduces and explains critical hood, city or region. When used in conjunc- MONDAY, MAY 30–TUESDAY, MAY 31 concepts from the fi elds of ecology and con- tion with visualization techniques, visioning Rio de Janeiro, Brazil servation biology for developers, land use is a powerful tool that allows stakeholders Changing Structural Characteristics professionals and members of citizen plan- and citizens to make informed decisions on of Informal Urban Land Markets ning boards. The program focuses on tech- Pedro Abramo, Institute of Urban and Regional the physical quality of future development. niques for creating healthy, sustainable human Planning and Research, Federal University of This course defi nes principles for effective communities while protecting native species Rio de Janeiro visioning, reviews three case studies, and This international seminar is based on and ecosystems. The program includes rele- includes a hands-on workshop segment to studies from Argentina, Brazil, Chile, vant theory along with real life examples allow participants to experience visioning Colombia, Guatemala, Mexico, Nicaragua and exercises that illustrate the application and visualization techniques in a realistic and Uruguay on the behavior of their respec- of these concepts. situation. tive informal land markets. The papers focus on the determinants of pricing and land uses in informal settlements and Valuation Series other factors that have infl uenced behav- Joan Youngman, Lincoln Institute of Land Policy; Michelle Thompson, Ithaca, New York; Charles Fausold, Cornell Cooperative Extension of Schuyler County, New York; and Lawrence ioral changes over the last decade. Special Walters, George Mason University, Fairfax, Virginia attention is devoted to understanding the All policy issues concerning value-based taxes, from the distribution of the tax burden nexus between localized changes and their to the impact of a tax on land use decisions, depend on a prior determination as to impacts on other informal settlements and the meaning and computation of value for purposes of taxation. This series of courses on the city as a whole. examines the theoretical and practical challenges of the valuation process and the best means of addressing them. WEDNESDAY, JUNE 1–THURSDAY, JUNE 2 OFFERED ONLINE IN LATE SPRING 2005 Brasilia, Brazil International Seminar on Legislation I. The Theory and Practice of Land Valuation: A Case Study Approach Using a specifi c parcel as a case study, this course offers a detailed examination of and Urban Management Maria Mercedes Maldonado, University of the the valuation of undeveloped land. Actual documents concerning this parcel, includ- Andes, Bogotá, Colombia; Claudia De Cesare, ing appraisal reports, site plans, deed restrictions and comparable sales data, are pro- Municipality of Porto Alegre, Brazil; Martim vided to assist participants in analyzing market value before and after development. Smolka, Lincoln Institute of Land Policy TUESDAY, MAY 13 This seminar consists of three panels: The II. The New Model for Tax Administration: CAMA, GIS and Spatial Analysis Social Processes in Urban Planning and Large-scale valuation of land throughout a taxing jurisdiction requires techniques Management; Master Plans and Instruments different from the intensive single-parcel approach considered in The Theory and of Urban Management; and Property Tax Practice of Land Valuation. This advanced course reviews innovative methods for and Other Fiscal Instruments. The aims integrating computerized appraisal and spatial analysis techniques and considers their place in modern assessment practice. of this seminar are to gather members of federal, state and municipal Parliaments, THURSDAY, JUNE 2 legislative advisers, authorities and techni- III. Selected Topics in Computers Assisted Mass Appraisal and Spatial Analysis cians to discuss applying the new Brazilian This course examines land valuation models used for taxation and new trends in legal system for urban issues and to share assessment modeling. A faculty including both practitioners and academic experts relevant international experiences in this examines selected econometric models and computer-assisted mass appraisal (CAMA) systems, and discusses the policy implications of modern assessment technology. fi eld of public policy. Cosponsored with the A critique of case studies will identify strengths and weaknesses in model structure, Urban Development Committee of the effi ciency and accuracy. Brazilian Chamber of Deputies

20 l LINCOLN INSTITUTE OF LAND POLICY l LAND LINES l APRIL 2005 l LAND LINES l l 21 Order Form LL04/05

COMPLIMENTARY INFORMATION: To receive further information on Lincoln Institute programs, please complete and return this form. Please send me Audio Conference Training Program __ Land Lines __ Institute Catalog __ Publications Catalog for Planning Offi cials PUBLICATIONS ORDERS: To order specifi c Lincoln Institute publications or other products, list the his series is cosponsored with the items you wish, add up the total cost, including shipping and handling, and send this form American Planning Association with prepayment by check or credit card to Lincoln Institute Infor ma tion Services. Institutions and booksellers may call 800-LAND-USE (800-526-3873) for special ordering instructions. (APA). For registration information, T TITLE PRICE QUANTITY TOTAL call the APA at 312.431.9100 or visit their Web site: www.planning.org. ______WEDNESDAY, APRIL 20 (4:00–5:00 P.M. E.T.) ______Planning for Safe Growth ______Safe growth means planning and developing * Within the U.S., add $7.00 for the fi rst item and SUBTOTAL ______communities that resist natural disasters, $1.00 for each additional item. For rush and overseas orders , call the Lincoln Institute at 800-LAND-USE SHIPPING AND HANDLING* ______provide safe streets and public spaces, and (800-526-3873) in the U.S., or 617-661-3016 from are prepared for emergencies. Learn about outside the U.S. TOTAL ENCLOSED (prepayment is required) ______

programs that help communities deal with FORM OF PAYMENT: ___ Check (payable in U.S. funds to Lincoln Institute of Land Policy) fl oods, wildfi re, landslides and weather-related Credit Card: ___ Visa ___ Mastercard ___ American Express problems, as well as technical assistance, Card Number ______Exp. Date ______planning tools and funding sources. Signature (required for credit card orders) ______

MAILING INFORMATION: Please type or print clearly. Thank you. JUNE 29, 2005 (4:00–5:30 P.M. E.T.) Planning, Environmental and Land Use Salutation: � Mr. � Ms. � Dr. � Professor � Other: ______Law for Planners and Planning Offi cials First Name ______Middle Initial ______Learn from seasoned land use attorneys about Last Name ______new laws that will affect local planning and Job Ti tle ______what kind of land use and environmental Organization ______litigation is occurring in federal and state Department ______courts. This program is a joint offering Mailing Address ______with APA’s Practicing Planner Series. City ______State ______Postal Code ______Lincoln Lecture Series Country ______he Institute’s annual lecture series Phone (______)______Fax (______) ______is presented at Lincoln House in E-mail ______Web/URL ______TCambridge, Massachusetts, begin- ning at 12 p.m. (lunch is provided), unless Please check the appropriate categories below otherwise noted. Consult the Lincoln so we can send you additional material of interest. Institute Web site (www.lincolninst.edu) for Please check ONE Please check up to ___ Land reform and land Organization Type FOUR Ar eas of In ter est tenure information about other dates, speakers and ___ Educational Institution ___ Com mon prop er ty and ___ Land value taxation lecture topics. The programs are free, but ___ Public Sector prop er ty rights ___ Latin America and the ___ Private Sector ___ Economic and community Caribbean pre-registration is required. ___ NGO/Nonprofi t de vel op ment ___ Natural resources organization ___ Ethics of land use and environment WEDNESDAY, APRIL 27 ___ Media ___ Farm and forest land ___ Open space ___ Other ___ Growth man age ment ___ Property taxation Innovations in Conservation Finance ___ Housing and infrastructure ___ Tax ad min is tra tion James N. Levitt, Director, The Program on ___ In ter na tion al ___ Urban planning and Conservation Innovation at the Harvard Forest, ___ Land dispute resolution design Harvard University, Cambridge, Massachusetts ___ Land law and ___ Urban revitalization regulation ___ Valuation/Assessment/ MONDAY, MAY 23 ___ Land markets and Appraisal eco nom ics Universities as Developers David C. Perry, Director, Great Cities Institute, Please mail or fax this form (with your check or credit card information) to: University of Illinois at Chicago LINCOLN INSTITUTE OF LAND POLICY Wim Wiewel, Provost, University of Baltimore, Information Services, 113 Brattle Street, Cam bridge, MA 02138-3400 USA Baltimore, Maryland Fax: 617-661-7235 or 800-LAND-944 • E-mail: [email protected]

20 l l LAND LINES l APRIL 2005 l LAND LINES l LINCOLN INSTITUTE OF LAND POLICY l 21 WhatWhat ’s ’s NewNew onon thethe Web?Web?

The Lincoln Institute’s Web site provides a simplifi ed interface and new features that make it easy for users to quickly obtain information on land and tax policy.

COMPREHENSIVE LISTINGS • Publications by type, title, author and year of publication • Courses, lectures and other education programs by date, title, faculty and location

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ACADEMIC DEPARTMENTS THE CITY, LAND AND THE UNIVERSITY PROGRAM • Valuation and Taxation This initiative focuses on university real estate development from • Planning and Development the perspective of educators, economic development practitioners, • International Programs city administrators, university leaders, real estate developers and – Program on Latin America and the Caribbean community groups. It puts the role of land and land development – Program on the People’s Republic of China at the center of the university-city-community relationship. A new interactive Web site for this program is designed to be ONLINE EDUCATION a forum to facilitate thinking, conversation and action on complex • Access Internet-based courses on Planning Fundamentals university-city-community activities. It includes information about and Introduction to New England Forests at Lincoln Edu- courses, workshops and seminars as well as a Resource Library cation Online (LEO) (www.lincolneducationonline.org/) featuring case studies, presentations, working papers and on- • Download a wide range of free curriculum materials, line ordering options. (http://www.lincolninst.edu/subcenters/clu/) working papers, newsletter articles and reports • Explore the Property Valuation and Taxation Library of documents organized by topical areas (http:// www.lincolninst.edu/subcenters/valuation_taxation/) www.lincolninst.edu

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