Category: Land Use

When it Comes to Zoning Changes, Time Waits for No Plan

This is an important question since structures built under the auspices of an old zoning code that are now excluded from the current zoning code are at odds with the updated vision for the community. This may not be a big deal when, say, a house is constructed a year after an area is rezoned for commercial use. However, it becomes increasingly problematic when that house is now a power plant and the one year has increased to ten. This ability to develop based on a 10 year old zoning code creates uncertainty for potential residents and developers who may find the nonconforming development to be an undesirable neighbor.

Transit-Oriented Development Can Put A Stop to Metro Atlanta's Growing Pains

Density doesn’t have to be a bad word. Allowing more people to live in strategic and desirable areas in closer proximity to one another doesn’t necessarily mean turning all parts of the region into Manhattan. While we aren’t talking about San Francisco or New York levels of density, we are talking about raising the density levels in certain parts of the region to something a little less Mayberry and a little more DC or Seattle.

Ten Ways to Look at Metro Atlanta's Population Growth

Overall, 23% of metro Atlanta area residents live in one of the major metro Atlanta cities. Excluding the major cities from all the counties results in Gwinnett County, without Peachtree Corners, having the largest share of the area’s population at 19%. It also makes Atlanta the fourth largest jurisdiction in the area and vaults Cobb to the number two position.

The Fire-Ravaged West Faces the Same Land Use Issues as the Water-Starved Southeast

Politically the mountain west states (Idaho, Wyoming, Nevada, Colorado, Arizona, Utah) are very similar to southeastern states. Both place a high emphasis on local land use control and generally prefer a more libertarian approach to such regulation. But as population increases in both areas of the country, un-checked development is fueling the growth and severity of wildfires and straining the ability of rivers to provide adequate water supplies. Many states in the southeast, including Georgia and Florida, have already recognized the need for state-wide regulations that cross local jurisdictional borders and now Colorado seems to be coming to the same realization. The next steps in the southeast are to pressure other states to adopt state-wide regulations and to foster the growth of regional, inter-state regulations and guidelines.

Does Georgia Own Your Marshlands? Yep, Unless it or the King of England Gave it to You

While the Supreme Court cleared the way for Mapache to challenge title, it still must produce legible documents that clearly show the marshlands and tidelands were conveyed by the Crown. Back in 2006, the Georgia Supreme Court heard a similar case. In Black v. Floyd, the judgement of the lower court was affirmed by the Supreme Court because the landowners could not clearly show the property was conveyed by the crown. They had the documents, but they were so illegible that as a matter of law the court was able to rule for the State of Georgia. The landowners stated that the documents instructed the grantee to drain swamp and marsh β€œif any such contain herein.” The Court, though, said that even if the documents did say that, it wouldn’t be enough to show that the Crown clearly intended to convey tidewaters.