Topic: Planejamento Urbano e Regional

Urban Responses to the “Lost Decades”

Priscilla Connolly, William W. Goldsmith, and Alan Mabin, Abril 1, 2003

As delegates to the World Social Forum (WSF) in Porto Alegre, Brazil, in January 2003, the authors examined alternatives to the neoliberal approach to urban development, to escape the negative results that are too often ignored by the media and even academia. Broad-scale, national-level alternatives to neoliberalism have been rare, but alternatives at the municipal level are more common. The authors draw from lessons in Brazil and from their home countries of Mexico, South Africa and the United States. Their lectures and seminars at the World Social Forum, and related programs at the University of São Paulo and the Federal University of Rio de Janeiro, have been supported in part by the Lincoln Institute.

Residents of enormous districts in some of the world’s largest cities suffer with miserable housing, difficult access to work, inadequate water supplies and sewerage, poor public services and exposure to violence. In many cases, conditions grew worse during the “lost decades” of the 1980s and 1990s, due to recession and cutbacks in planning and public investment. Those with faith in trickle-down improvements waited in vain for private markets to increase household incomes. Instead, in many countries the poorest three-quarters of the population suffered absolute losses.

Forced to respond to these kinds of problems, city governments contemplate new approaches to such questions as local versus national authority, productive efficiency versus neighborhood-based redistribution of services, and conflicts between plans and markets. At the municipal level the complications become painfully clear. Popular advocates of redistributive reforms struggle to survive in a hostile environment, often against strong private business interests, a privileged middle class, and conservative provincial and central governments. The problems in cities are immediate and concrete, requiring negotiation, concessions, compliance with an often-biased legal framework, and high degree of professional competence and leadership. Municipal planners and activists cannot overturn the whole system, but for success they must look to exploit cracks and find institutional openings. In spite of the manifest failures of the neoliberal regimes, reformers will find no simple return to an earlier age.

This brief discussion highlights complex issues, perhaps raising questions more than answering them. How does one deal with land issues underlying most urban problems: ownership, regulation, taxation and value? How much scope is available to municipal governments to pursue economic development or to redistribute basic needs, including household income and access to land? How much difference does it make at the municipal level whether or not the national regime is moving in progressive, redistributive directions? Complicating these issues, globalization may be intensifying, challenging cities with low-cost competition, increased transnational corporate reach, and ever-broader powers concentrated in multilateral institutions.

Land Values and Markets

The benefits of urbanization require public and private access to land, yet urban land values reflect differing degrees of access to a city’s benefits. Low bidders are excluded from more desirable land in most land markets, whether formal or irregular. The poor are pushed to the city margins or crammed into the deteriorated inner core. Weakly regulated land markets do not even guarantee economically efficient use of urban land, let alone ensure land use patterns vital to environmental survival. Local governments intervene with land use controls and taxation, or facilitate access to cheap urbanized land, in the best of cases pursuing equity, fiscal efficiency and environmental viability. Performance on all these counts is highly variable.

In Mexico, at least 60 percent of the urban population lives in areas developed by the illegal occupation of land that subsequently receives services and supports self-built (or rather, self-financed) housing. Thanks to historically ingrained traditions about the people’s right to land, informal settlements have been supported by infrastructure and service provision, regularization programs, and even credits for home improvements. Otherwise, the urban housing situation in Mexico would be much worse. During the 1980s, public institutions accrued significant land reserves, which were applied successfully in low-cost sites and services, core housing and mutual aid projects as alternatives to irregular development. But Mexico eliminated land banking, under World Bank influence, hampering the scope of planning to ensure equitable and sustainable urban development.

In recent years, mass-produced formal housing in cities has increased. In line with World Bank advice, the subsidized finance system for the salaried working classes and middle-income sectors has been restructured, enabling commercial developers to operate on a very large scale, acquiring vast tracts of cheap greenfield sites (and some inner-city sites), and then designing, constructing and marketing industrialized housing. The initial advantages are the provision of services and the seemingly spacious suburban atmosphere. The disadvantages are inaccessibility, lack of urban amenities, reduced space standards, and lack of space for future growth. The gigantic scale of this type of development may deplete irregular settlements of middle-income residents, thus increasing social segregation.

In Brazil, municipal governments have begun to experiment with ways to regulate land use, such as property tax increases linked with progressive taxation, including broad-scale exemptions for as many as half the property owners, and popular participation in decision making for regulatory changes (planning and zoning) and for investments in urban infrastructure. Many changes were first implemented by Workers Party (PT) mayors, operating in opposition to the federal and state governments, with the aid of fiscal and regulatory changes introduced in the 1988 Constitution. Now, with the PT government holding national power under President Luis Inacio (Lula) da Silva, left or center-left municipal governments may find themselves able to experiment more. Nevertheless, the obstacles are very great. Even in the relatively rich city of Porto Alegre a third of the population lives in irregular settlements.

The South African experience since democracy was won in 1994 shows that tremendous difficulties confront those who would use public agencies to assist the poor to gain access to land. The government did succeed in subsidizing over a million families previously living in shacks and shared rooms, but almost all new houses were located at the extreme peripheries of the cities. A key progressive gain is that many large metropolitan areas are now consolidated in single municipal governments. But economic growth concerns and fiscal crises have limited the ability of the new jurisdictions to redistribute resources in favor of the poor. Planners intended to raise ample funds through taxation of high-value central land, to pay for subsidies for developments in poorer districts, but values did not follow predictions, and receipts were grossly inadequate. Land markets continue, by and large, to exclude the disadvantaged, and they haven’t yielded sufficient tax revenue. A continuing lack of coordination in the formulation of policy has seen programs in land, housing, services, public works and employment working against each other in some cases.

In the United States, nearly all land and housing development is “regular,” market-driven and dominated by private banking, real estate and development firms, and better-off households. The results are starkly unequal, pitting suburbs against much poorer central cities. Efforts to right the imbalance have generally been frustrated, because land markets do not deliver great efficiencies or fairness. The process is highly regulated, so that inequalities are generated not only by (land) markets themselves, but also by political groups such as “growth coalitions” and by fierce regulatory manipulation on behalf of privileged middle-class and wealthy districts.

The regulation of land markets through planning, land banking and taxation constitutes a broad arena for municipal intervention in land policy. Local governments have extensive potential authority, and they typically have constitutional prerogatives for planning and taxation (although in practice they are still constrained by powerful national forces). They may act to support economic growth or to redistribute it, even in a conservative provincial or national climate. Local planning does constrain land markets, but often without redistributive effects, since city governments must contend with strong financial interests, patterns of privilege, and entrenched power. Professional competency and consistency are required to exploit the full potential of property registration and taxation systems, and financial decentralization limits the possibility of cross subsidies and redistributive measures.

Progressive Local Government

In spite of claims about the conservative nature of powerful constraints on the redistributive capacity of local governments, evidence from the four countries cited here suggests that municipalities may indeed find ways to redistribute public goods and services on behalf of their less well-off residents. Municipalities also may serve as laboratories for social experimentation and as sources of progressive ideological change.

In Mexico, the role of municipal and state governments in achieving more equitable cities is undisputed and constitutionally sanctioned, yet fraught with obstacles. In the 1990s, the first electoral defeats of the Revolutionary Institutional Party (the PRI, which dominated the political arena from the 1920s) were at municipal and then state levels. Throughout the country there are genuine examples of successful innovative and socially redistributive programs run by municipal governments, such as participatory budgeting and planning, and community recycling. Mexico City’s Federal District is now governed by the left-of-center Democratic Revolution Party, which also controls most of the poorer and more populous jurisdictions of the metropolitan area. In 2001, this government introduced a social investment program targeting the poorer districts, providing monthly cash payments of US $70 in 2002 to people over seventy years, interest-free loans for home improvements in irregular settlements, and traditional public services and social assistance. Criticized from the left and right as populist and electioneering, this program is now emulated on a smaller scale by the center-right federal government and in local electoral platforms by the PRI. Despite initial positive evaluations, however, questions remain about costs for universal coverage and viability in poorer municipalities, and about reinforcing clientilism.

Brazilian experience with redistribution by municipal government has been documented in many notable cases, from giant cities such as São Paulo, to large cities such as Porto Alegre, Santo Andre and Belem, to the hundreds of smaller municipalities that have elected left-of-center administrations over the past 15 years. The case most often discussed is participatory budgeting, the innovation that has involved more than 10 percent of Porto Alegre’s residents in decisions to allocate more than one billion dollars of public expenditures on infrastructure and services. Other innovations include improvements in transit services and expansion of bus lanes to challenge the hegemony of the automobile, which serves a privileged minority. Some progress has been made in housing, but local government capacity is limited.

South African municipal government has emerged only in the last two years from its long history of apartheid division and the turmoil of reform since 1994. But, new trends demonstrate innovation at the municipal scale. Although many aspects of municipal government have been “corporatized” in Johannesburg, the city is beginning to make substantial progress on the regeneration of decayed inner city areas, using a wholly owned company (the Johannesburg Development Agency) as the instrument of change. Agencies of this kind seem to be able to solve some of the problems of intricate relationships between different spheres of government—local, provincial (or state) and national—and to attract greater private interest in supporting municipal initiative.

New approaches to planning in South Africa are also starting to show signs of success. These participatory approaches bring public utility agencies and big-budget government departments, as well as citizens, into framing municipal action over the short- to medium-term. Such developments indicate that working on the linkages between different agencies is crucial for increasing effectiveness and reducing frustration during the early democratic period. Some municipalities are beginning to find ways of sharing experiences and shaping new forms of cooperation. An example is the new national Cities Network, which brings together nine of the largest municipalities in the country as a means of stimulating innovation and expanding impact.

Social and political innovation has also been documented at the municipal level in cities of various sizes throughout the U.S., often in situations that require resisting politically conservative national trends. Very large cities such as Cleveland and Chicago developed city plans aimed explicitly at redistribution to provide assistance to needy households and deprived neighborhoods. Chicago also developed solid programs to support smaller and more local business enterprises, versus the usual beneficiaries among large firms and downtown interests. Smaller cities such as Burlington, Vermont, and Santa Monica, California, developed aggressive programs in housing and rent control aimed at helping needy constituents. As in the heralded examples of participatory budgeting in Brazil, these progressive municipal programs typically have strict limitations, because they can do little to improve the labor market and thus can offer only small improvements to household cash incomes.

Municipal efforts on land use and housing in the U.S. are often constrained by local control or “home rule,” which isolates the more numerous, wealthier suburbs that literally surround poorer central cities. The wealth and significant taxing power of these separate jurisdictions combines with a U.S. peculiarity—local financing of public schools—to burden city residents with powerful disadvantages. Since about 90 percent of U.S. children attend public schools, local control of schools is a hot-button issue in U.S. politics. Scholars construe de jure public suburban control as de facto privatization: by purchasing homes in suburbs, households are purchasing control of local schools, thereby excluding others, such as new immigrants and ethnic groups, especially African Americans.

One hears echoes of such U.S. suburban privatization and division in the rigidly separated districts and gated communities of Rio de Janeiro, São Paulo and other Brazilian cities; in the huge separations of privileged central districts and the unserviced periphery in Mexico City; and in the surviving apartheid spatial structure of Johannesburg. We find that municipal governments do act against these inequities, at least in part because of an ideological commitment and because the resulting problems threaten their capacity to govern. Some localities may turn their limited victories into building blocks for larger progressive structures at the national scale, as evidenced in Brazil.

National-level Urban Reform

Urban affairs is a hot issue in Brazil, and various laws, administrative practices, budgets and regulations have been brewing since the new Constitution of 1988 promised an improved status for cities. After more than a decade of extensive public debate, new legislation was enacted in the 2001 City Statute, a federal law on urban policy. The new left-of-center government led by President da Silva is betting on a new national ministry to integrate different activities and to find more effective approaches to persistent urban problems. This Ministry of Cities (Ministerio das Cidades) was established in early 2003 to improve housing, transit and neighborhood services for poor majorities, preserve and renovate historic centers, promote economic development, and drastically increase participation. National leaders aim to emphasize the concerns of mayors, city councils and the neediest citizens in the federal agenda. Other countries are generally a long way from such an urban policy, and the Brazilian experiment will be closely watched.

Mexico is a clear example of how constitutional rights to such things as decent housing, health and education may be considered important, but are not valued enough to guarantee their fulfillment; nor are all those good intentions laid out in the highly complex planning legislation. Even municipal-friendly constitutional amendments of the 1980s have not fully undermined the high degree of centralization of all public policy, including social spending and virtually all environmental regulation. As a result, the urban and social agendas of different levels of government are often competing rather than complementary, and are always insufficient to meet demand.

South Africa has tried to develop a new national policy in the urban field, starting with a national Urban Development Strategy after the 1994 democratic elections. But relatively little has been accomplished since the strategy has tended to remain a paper commitment to good outcomes rather than a concrete program or a real obligation on different departments and levels of government to work together toward common goals. Part of the problem has been competition between different agencies over who should set the agenda. Diverse centers of power, from the president’s office to the finance ministry, the local government department of the national government, some of the provincial governments, and the national municipal association, are vying for position in shaping urban policy.

The lack of coherent urban policy in South Africa also must be placed in the context of the central agenda of government, which stresses not only economic growth but also the continuing empowerment of the previously disadvantaged black majority. There is by no means consensus over the roles of the cities in accomplishing either of these objectives. A single ministry addressing urban issues would seem like a dream to many observers, but other ways of achieving similar objectives by reorganizing relationships between parts of government suggest that progress can be made.

In the United States, the federal agenda for urban policy has been weak since the late 1970s, and general fiscal constraints have combined with suburban voters’ indifference to cities. These problems have been greatly exacerbated by the consequences of the terrorist attacks of September 11, 2001, by demands of the U.S. war economy, and by the conservative nature of redistribution pursued by the Bush Administration.

This range of international experience suggests that profound national changes and legislation can have immense local effects. A national government can provide fiscal, regulatory and administrative support for a whole series of municipal improvements, many of which would be eagerly implemented by local governments. National governments (and even international agreements, as in the earlier European common market) can inhibit or even prohibit such things as municipal tax-cutting competition in pursuit of relocated private investment, thus eliminating a lose-lose situation for public budgets. But, even in the best of cases, such opportunities are limited, politically difficult and technically complicated.

Conclusions

In the context of the globalizing economy, city politicians and officials face remarkably similar uncertainties in Brazil, South Africa, Mexico and the United States. As economies have become more open, some industrial sectors have been hammered, while others have been able to take up new opportunities (such as motor vehicle exporting in South Africa) and new niches have emerged. The current geopolitical context poses challenges for city administrations; how they think about their role in this period of imported instability is significant. There is a tension between those who think that the role of city government is to frame competition with other cities, and those who see more cooperative roles.

Cities themselves need to develop capacity to formulate and implement plans. They cannot simply rely on the panoply of outside professionals and agencies that have increasingly defined urban agendas. Some of the needed sharing can fruitfully take place in an academic environment, especially where long-term research helps to inform choices. It is particularly important to widen opportunities for sharing between the city officials and scholars of the global South and the North, to the mutual benefit of both.

Priscilla Connolly teaches urban sociology and planning at the Autonomous Metropolitan University in Azcapotzalco, Mexico. William W. Goldsmith directs the Program on Urban and Regional Studies at Cornell University. Alan Mabin is associate professor in the Graduate School of Development Management at Witwatersrand University in Johannesburg, South Africa.

State Trust Lands

Balancing Public Value and Fiduciary Responsibility
Andy Laurenzi, Julho 1, 2004

In June 2003 the Lincoln Institute of Land Policy and the Sonoran Institute established a Joint Venture project to assist diverse audiences in improving state trust land administration in the American West. The goal of this partnership project is to ensure that conservation, collaborative land use planning, and efficient and effective asset management on behalf of state trust land beneficiaries are integral elements of how these lands are managed. The two institutes seek to utilize their core competencies to broaden the range of information and policy options available to improve state trust land management. This article introduces the Joint Venture and describes some of the work now under way in Arizona and Montana.

State trust lands are a phenomenon that dates back to the Northwest Ordinance of 1785. With this ordinance, the U.S. Congress established a policy of granting land to states when they entered the Union as an asset to generate funding to support the public education system, a fundamental state responsibility. Starting with Ohio in 1785 and ending with Arizona and New Mexico in 1910, each new state received a set of federal lands that, under federal enabling legislation and the corresponding state constitution, were to be held in trust for the benefit of the public schools. The trust mandates established by the U.S. Congress and the states are clear: to generate revenue to support the public schools and other institutions. In some cases there are other minor institutional beneficiaries as well, but the public schools (K–12) are by far the largest beneficiary throughout the state trust land system. That singularity of purpose continues today and distinguishes state trust lands and the state programs that administer them from other types of public lands.

While Congress intended state trust lands to be perpetual, the lawmakers expected that over time some lands would be sold to produce revenue. Initially Congress provided little guidance to states on how they should manage their state trust lands. Many states that entered the Union soon after 1785 quickly sold all or most of those lands for profit, and today little remains of that heritage. Because of these actions, Congress placed increasingly stringent requirements on new states in order to limit the use of state trust lands. Since most western states entered the Union in the late nineteenth and early twentieth centuries, they retain most of the original state trust lands designated at the time of statehood.

Today these lands continue to be managed to generate income for the authorized beneficiaries. This revenue is either made available in the year in which it was generated (typically from leasing activities) or, in the case of outright sale of land or nonrenewable resources, deposited into a permanent fund that generates annual income for the beneficiaries. In Arizona, New Mexico, Texas and Wyoming these permanent funds or endowments are in excess of one billion dollars each.


What Is a Trust?

A trust is a legal relationship in which one party holds property for the benefit of another.

There are three participants in this relationship: a grantor or “settlor,” who establishes the trust and provides the property to be held in trust; a trustee, who is charged by the settlor with the responsibility of managing the trust in keeping with the settlor’s instructions; and a beneficiary, who receives the benefits of the trust.

The trustee has a fiduciary responsibility to manage the property held in trust (the trust corpus) in keeping with the instructions of the settlor and for the benefit of the beneficiary. This fiduciary responsibility can be enforced by the beneficiary if the trustee fails to meet the obligations outlined in the trust documents.


Fifteen western states continue to own and manage appreciable amounts of state trust land (see Table 1). The nine states with the largest and most significant holdings are the initial focus of the Lincoln Institute and Sonoran Institute Joint Venture: Arizona, Colorado, Idaho, Montana, New Mexico, Oregon, Utah, Washington and Wyoming (see Figure 1). Collectively these states manage more than 40 million acres of state trust lands. The landholdings are as diverse as the states that manage them and include coastal forests in Washington, mountaintops in Montana and low deserts in Arizona.

Traditionally these lands have been managed almost exclusively for natural resource production, with the leasing and sale of natural products being the principal sources of revenue. The reliance of state trust land management on natural resource extraction is understandable in the context of the natural resource–based economies of the late nineteenth and early twentieth centuries. But today, as the West continues to urbanize and the region’s economies shift to the information age, trust land managers are recognizing a need to broaden the land use activities of their trust land portfolios. Invariably that means rearranging the portfolio from one that is overly reliant on natural resource extraction to one that recognizes the real estate value associated with commercial, industrial and residential development, as well as recreation and conservation.

Like many land use decisions, particularly in areas experiencing explosive growth, state trust land administration is increasingly controversial. As on federal public lands, traditional uses (i.e., cropland, grazing and timber production, and oil, gas, coal and mineral extraction) are at odds with public interests in recreation and natural open space. Efforts to sell and lease lands for commercial and residential development can create tensions between a state agency acting as a trustee and a local community vested with managing growth. Balancing the protection of the public values inherent in many of these lands with traditional and new uses, all within the context of the state trust’s fiduciary responsibilities, is a challenge for trust land managers.

At the same time, population pressures in the West have increased demands on public education funding. State trust lands are one obvious source of revenue to meet these funding demands, which in turn may generate even more pressure on trust land managers who as trustees of a permanent trust need to achieve both short- and long-term financial returns from the trust’s assets. An additional complexity is that the application of trust principles varies among the states, based in part on differing state trust land enabling legislation created in each state at the time of statehood.

Recognizing the value of bringing diverse interests together and providing solid information to stakeholders and key decision makers in land use planning and development environments, the Lincoln Institute and Sonoran Institute Joint Venture project seeks to

  • facilitate efforts to modernize state trust land laws and regulations in key western states
  • foster education and research efforts that focus on key issues related to state trust land administration
  • increase public awareness of the resource and economic values of state trust lands along with the impacts of state trust land management decisions on local communities, including implications for public finance
  • develop and implement on-the-ground model projects designed to explore innovative approaches to collaborative land use planning and conservation management of state trust lands
  • provide relevant technical information and tools to decision makers and agency staff involved in state trust land management.

Trust Land Reform in Arizona

Arizona is in the midst of a three-year discussion among diverse stakeholders to reform its laws governing state trust lands. Arizona is noteworthy because the burgeoning growth of Phoenix and Tucson is reaching significant tracts of state trust lands. These lands are some of the most valuable real estate holdings in the Intermountain West and comprise 12 percent of the land in the state. Unlike many other western states, Arizona has long recognized the real estate value of its holdings and has an active real estate disposition program that has sold thousands of acres into the urban marketplace. The revenue from these sales has been deposited into the permanent fund of the state trust entity, and the income from the fund is directed to the trust’s beneficiaries. The permanent fund is now valued at more than one billion dollars and is predicted to double in value over the next 10 years.

In the mid-1990s state trust land sales in metropolitan Phoenix came to a screeching halt when the development interests of the Arizona State Land Department encountered conflict with the goals of local communities interested in preserving some of this land as natural open space. Attempts to accommodate local concerns through state legislation have met with mixed results due to the strictures of the Arizona enabling act and state constitution. Several key court decisions interpreting these laws have constrained the Arizona State Land Department from conserving open space or enabling the department to achieve the highest and best use on these lands when sold or leased for residential and commercial purposes. An attempt in 2000 to secure voter approval to revise aspects of Arizona’s constititution and modernize state trust land management failed at the ballot box in the face of unanimous opposition from the conservation community.

This situation has set the stage for a diverse group of interests to convene in the hopes of developing a comprehensive reform proposal that the Arizona legislature and governor’s office will consider. Even with their support, the final package will need voter approval to amend the state constitution, followed by changes in the federal enabling act that will require the approval of the U.S. Congress.

The Joint Venture directed its initial efforts toward working with the conservation organizations participating in the stakeholder group. We provided analyses of the current laws and proposed changes, with assistance from the law firm of Squire, Sanders & Dempsey, to help the conservation community promote a constructive agenda that has been incorporated into the package. In addition, our information related to land use planning was useful to other stakeholders in developing elements of the package that will ensure more collaborative planning between the Arizona State Land Department and local governments charged with land planning responsibility, while also increasing the range of tools available to local communities to protect natural open space on state trust lands.

We are also working with officials from the City of Tucson (the second largest city in Arizona) and the Arizona State Land Department to assist their efforts to develop 10,000 acres in the city’s growth corridor. This Houghton Area Master Plan includes more than 7,500 acres of state trust lands. Our work is directed toward the planning effort by providing examples of smart growth development at the urban edge. A key element is to document evidence that greenfield projects are not necessarily synonymous with sprawl and that a number of examples of recent master-planned communities at the urban edge are incorporating smart growth elements, such as interconnected open space for active and passive recreational use, pedestrian orientation, mixed-use development accessible to public transit, and a diverse mix of housing types, sizes and prices. As important, these progressive master-planned communities are achieving success in the marketplace, which is a preeminent concern of the Arizona State Land Department.

While the City of Tucson, in partnership with the Sonoran Institute, is working to promote infill and brownfield development, even under the most optimistic of scenarios more than 50 percent of the city’s explosive growth will be greenfield development. If successful, this master-planning effort will guide development on 50 square miles of state trust lands within the city and can serve as a local land use planning model for other state trust lands.

Trust Lands in Montana

The Joint Venture has also initiated an assessment of policy issues affecting state trust lands in Montana. Working with a local advisory group chartered by the Department of Natural Resources (the manager of Montana’s state trust lands), we have provided information that will help guide land use planning on 12,000 acres of state trust lands in Flathead County at the gateway to Glacier National Park. This effort will serve as a template for future department plans for land uses other than grazing and forest management. For example, the department has shown an interest in generating revenue from leasing land for conservation, recreational, residential, commercial and industrial uses. Increasing interest in these “special uses” is creating a paradigm shift in how the Department of Natural Resources interacts with local governments and how local governments interact with state trust lands.

As growth expands throughout much of western and central Montana, the department seeks to capture additional revenue opportunities through the development of special uses. While local communities are recognizing that state trust lands can be a source of economic growth and can contribute positively to meeting growth demands, they are also requiring those land uses to be responsive to local community values and concerns. Sound, objective land planning and valuation information are essential to the development of policies that will guide Montana state trust land management in the future.

Final Comments

In the brief time since the Joint Venture was established there has been no shortage of issues that could benefit from better information and collaboration among diverse parties. This fall the Lincoln Institute and the Sonoran Institute will convene a small group of experts from academia and the public and private sectors to identify the issues of greatest concern that will guide further research efforts. Our work in Arizona and Montana will continue as we seek to develop a broad-based approach to increasing awareness about state trust lands. The successful resolution of the issues affecting state trust land management will benefit not only local school children, but also many conservationists, developers, ranchers and businesses throughout the West.

Reference

Souder, Jon, and Sally K. Fairfax. 1996. State trust lands: History, management and sustainable use. Lawrence: University Press of Kansas.

Andy Laurenzi is the program director for state trust lands at the Sonoran Institute, a nonprofit organization established in 1990 to bring diverse people together to accomplish shared conservation goals. The Sonoran Institute is based in Tucson, Arizona, with offices in Phoenix and Bozeman, Montana (www.sonoran.org).

In Memoriam

Mario Lungo
Martim O. Smolka and Laura Mullahy, Julho 1, 2005

We are deeply saddened to report that in early May the Lincoln Institute lost one of our key partners in the Program on Latin America and the Caribbean. Mario Lungo was knowledgeable, talented and prolific as a teacher, researcher and author. Moreover, he truly understood the mission of the Latin America Program and how he could best contribute to it.

An architect, urban planner and social scientist from El Salvador, Mario was head of the Department of Spatial Organization at the “Jose Simeón Cañas” Central American University in San Salvador. He lectured on architecture, urban studies and planning and conducted research on large-scale urban development projects, immigration, risk management, urban planning and governance. He was previously director of the Planning Office of the Metropolitan Area of San Salvador in El Salvador between 1998 and 2003, and conducted research programs in Central America for more than 15 years. He published extensively in books and journals in different languages and taught in several countries of Europe, North America and Latin America.

Mario was the leader of the Institute’s work in Central America and specifically on large-scale urban development projects. Martim first met Mario Lungo in 1988 in Quito at an international seminar on environmental and urban development issues. When we began organizing a Latin American network of scholars and experts to develop research and educational programs on land policy, Mario stood out as a key figure, not only in El Salvador, but in all of Central America. He was definitively one of the best known scholars in the region, as well as a respected and admired colleague.

Martim O. Smolka and Laura Mullahy, Program on Latin America and the Caribbean, Lincoln Institute of Land Policy

In Central America the magnitude and impact of Mario Lungo’s work has been significant since he introduced the field of urban land studies to the region in the 1990s. He had a great capability to organize local networks, to encourage young students to develop in the field, to understand Central America’s urban problems, and to visualize ways to address them. Mario left behind an important heritage and with his death he encourages us to continue the work he started. We learned from him not only academic issues, but also his way of facing life.

Silvia García Vettorazzi
Program in Planning and Urban Development, Rafael Landívar University, Guatemala City, Guatemala

I had the opportunity to be with Mario in many different cities at different times. He is now in a city that I do not know, but I’m sure he’s making marvelous observations about it.

Alfredo Garay, Under-Secretary of planning, Province of Buenos Aires, Argentina

Taking Land Around the World

International Trends in the Use of Eminent Domain
Antonio Azuela, Julho 1, 2007

Compulsory purchase, expropriation, eminent domain, or simply “taking” are different names for the legal institution that allows governments to acquire property against the will of its owner in order to fulfill some public purpose. This tool has been used for a long time as a major instrument of land policy, but now it is subject to a number of criticisms and mounting social resistance in many parts of the world. Campaigns for housing rights, movements for the defense of property rights, and legislative and judiciary activism are among the factors changing the conditions under which governments exercise their power of eminent domain.

Law and Land Policy in Latin America

Shifting Paradigms and Possibilities for Action
Edésio Fernandes and María Mercedes Maldonado Copello, Julho 1, 2009

The rapid and intense urbanization in Latin America over the last 50 years is often contrasted in the literature with an inadequate urban planning system as a way to explain many resulting social problems: high land prices and property speculation, rampant informality, extreme sociospatial segregation, inadequate urban infrastructure and services, environmental degradation, and the like. The literature is largely silent, however, on the role played by national legal systems, which have both contributed to this situation and reacted against it. The pivotal role of the legal order cannot be underestimated.

Application of 3D Cadastres as a Land Policy Tool

Diego Alfonso Erba, Abril 1, 2012

A city’s master plan typically describes development goals and objectives through the use of multiple maps and written documents. Most maps and other representations of urban design are built with a two-dimensional (2D) vision and then transferred into regulatory instruments and strategic planning tools. Urban space is treated as being flat and divided up into puzzle pieces such as administrative areas (municipal, rural, urban, growing, expanding, fringe); land use areas (residential, commercial, central business, historic, tourist, informal, recreational); environmentally protected or restricted area (water catchments, floodplains, landslide-prone hills); and other categories.

When urban space is described through digital maps integrated with databases in a geographic information system (GIS), many additional layers of information can be considered in a three-dimensional (3D) platform. However, when real 3D urban space is managed by laws and other conventions based on a 2D vision, the physical and legal cities are operating in quite different and incompatible dimensions. This discrepancy was accepted in the past, when 2D maps were the primary resource available to represent the real city, but nowadays computer graphics can handle more complex objects in space.

Rethinking the legal and economic aspects of urban society by shifting from the traditional 2D vision to a 3D approach will be necessary to develop, implement, and control urban land policies more efficiently. A 3D cadastre is one of the tools that can facilitate that process through spatial databases and representations. The institution of a territorial cadastre is familiar in many countries, but does not exist in the same way in the United States. A modern cadastre is an integrated database system that holds information on land registration and ownership, physical characteristics, econometric modeling for property valuation, zoning, geographic information, transportation networks, infrastructure and services, and environmental attributes, all of which are linked to socioeconomic and demographic information on property owners.

Creating a New 3D Framework

Google Earth has popularized geographic information by allowing users to visualize a virtual 3D location at the desired level of detail and in a global environment. Google Earth and other geographic software can be used quite easily to change the viewpoint of reality. Moving from a top-down view, which shows the city as a flat area, to an oblique perspective permits the viewer to see the relief and height of buildings, trees, aerial utility networks, and other objects in space.

This type of 3D visualization can identify undeveloped spaces, buildings of different heights, scattered suburban housing, structures in isolated rural areas, and precarious slum construction, thus helping to infer changes in land uses. Even when 3D images are represented on a flat screen or printed surface, they show details that are hard to identify in a 2D map, such as shadow movements during the day, views from an apartment window, and spatial relationships between buildings.

The constantly evolving 3D technology is changing the paradigms of urban planning and land policy because it impacts not only how the city is viewed but the way property rights and other restrictions in space are described. As a result, a new urban legal framework based on 3D laws and 3D property registries will be needed to describe objects in space instead of just flat con-tours. The 3D laws affect rights in space, not in a plane of projection, and in this context it will be possible to define 3D land policies.

For example, a 3D image of the basic, maximum, and actual floor-area-ratio (FAR) for a set of land parcels would facilitate the use of land management instruments such as charges for the purchase of building rights for new development. To support a 3D legal framework it is necessary to have spatial data systematized on 3D cadastres, which create and maintain up-to-date spatial databases and volumetric representations of cities, as well as a 3D property registry in which every property and its restrictions are identified and documented.

Land surveyors, geologists, biologists, and engineers are accustomed to determining the location of physical objects in space by specifying attributes such as mineral deposits, water bodies, contamination or fumes in the air or underground, or restricted spaces around power lines, but legislators, urban planners, assessors, and others are not used to describing the intersections of more than two attributes in space. The increasing complexity of infrastructure and densely built-up areas requires the proper registration of their legal status (private and public), which can be provided only to a limited extent by the existing 2D cadastral registrations.

Despite its promise as a tool for urban planning and the extensive research and progress in practice to date, no country has a true 3D cadastre with complete functionality. The evolving concepts involved in this new process should be based on the ISO 19152 Land Administration Domain Model (LADM), which provides support for 3D representations (van Oosterom 2011).

The Virtual 3D City

The first idea that usually comes to mind regarding a 3D image is its representation in regular shapes such as cubes, prisms, and cylinders, but these simple forms have proved insufficient to analyze urban space. Seeking a closer match with reality, researchers and designers have developed techniques to overlay photographs of building facades on building contours, and to represent all architectural characteristics of a building using 3D computer-aided design (CAD) software.

However, even these types of virtual 3D buildings typically were placed on a flat reference plane, which created a false image because it showed all buildings at the same level. By adding relief through digital perspectives based on digital terrain models, virtual 3D buildings could be placed at the correct altitude relative to sea level. The next step was to overlay aerial orthophotos on digital relief images, resulting in much more realistic 3D images of the real (physical) city (figure 1).

Presently, 2D and 3D urban models continue to be built with points, lines, polygons, and images. These models are useful but still insufficient for detailed urban analyses because, as noted by the Brazilian geographer Milton Santos, “Geometries are not geography” (Câmara 2000). In fact, several kinds of geographic information are used to develop land policies—human, physical, economic, and environmental—and all of them occur in space.

GIS contributes to the process of building a virtual 3D city by permitting linkages between statistical data and geometric shapes to generate thematic information images that can be applied to a variety of land policy issues. The 3D image created in a GIS platform is frequently more useful for urban planning purposes than a photograph of the same sector because the 3D platform makes it is possible to highlight certain information of interest, create prospective scenarios that anticipate the economical effects of certain land policy decisions, or evaluate the environmental impacts of new development.

Formal and Informal Virtual 3D Cities

The virtual 3D city represented geometrically is useful in several types of analyses, such as vehicle traffic studies, propagation of cell phone waves, or any type of infrastructure network analysis. For other kinds of analysis, even the virtual 3D city is not sufficient, as when a lawyer needs to visualize the legal 3D city as defined by urban and environmental regulations. Figure 2 shows two sets of virtual 3D city blocks, one representing existing buildings and the other indicating the development potential of those buildings based on the applicable urban regulations. These two images show different densities and consequently variable land and property values, but in both cases the property tax base and potential value capture charge can be estimated precisely.

In Latin America, where the incidence of informality is emblematic of the urban landscape, it is important to visualize and define the informal as well as the legal dimensions of the city. Informal settlements develop when households cannot afford housing supplied by the market or by social programs. People must find a place to settle, which is often on hazardous or protected land that is inappropriate for housing, or on vacant public or private land. The magnitude of the need for housing often surpasses the amount of land available, thus forcing informal settlers to build taller structures at higher densities (figure 3).

Every occupied space is a part of the city and should be considered in the urban databases of the cadastre. The task of connecting the virtual informal city with the rest of the virtual city is a bigger challenge in 3D than in 2D due to complexities in dealing with parcels where owners and occupants are different but may share the same space. Infrastructure is also organized differently in these areas. In the formal city, for example, public infrastructure networks consisting of fixed pipes, cables, roads, and rails are regularized and stable. In the informal city, infrastructure networks are often self-built and change constantly as the settlement expands. A 3D cadastre can inform planners of the gaps between the characteristics of the population demanding shelter and the effective supply of land and its attributes, thus helping define policies to address unplanned informal settlements.

3D Dynamic Cities

Changes taking place in cities can be visualized and measured in several ways, for example through studies of densification, migration, and expansion of infrastructure networks. These studies assume that social, economic, and environmental variables are constantly changing although the land is static. However, other forces that produce change in the city can cause dislocations of different intensities that can be measured in space (3D) and time (4D). For example, the continental plates are moving South America, its cities, public and private properties, and infrastructure networks slowly toward the west at the rate of 2 centimeters (cm) per year. These movements, which seem insignificant, have consequences for urban policy if one considers that in 50 years a property could be moved as much as 1 meter from its current position.

Even more extreme movements are the consequence of the dynamic nature of our planet. The earthquake in February 2010 impacted the Chilean region of Bio-Bio at many different scales. Measurements by the Transportable Integrated Geodetic Observatory (TIGO) in the city of Concepción recorded that the entire territory moved initially toward the northwest and then ended with a displacement of 3 meters toward the southwest, all within 30 seconds. During this event, the height of land shifted by 50 cm. The telluric movement carried away properties and destroyed urban infrastructure and buildings, and the damage was compounded by the subsequent tsunami. A similar pattern was observed during Chile’s 1960 earthquake, the most severe ever registered in the world, when the ground moved with such velocity that some properties disappeared into the sea and other land areas emerged.

The January 2010 earthquake in Haiti produced an estimated 20 million cubic meters of debris in 35 seconds, even though significant land displacements were not registered. From the point of view of the cadastre, however, these two disasters had very different impacts. If the urban information had been structured in thematic layers and integrated in a GIS platform, the earthquake in Haiti would have affected the construction layer and several representative building types would have disappeared. In Chile, the construction layer was modified mainly by the tsunami, but the land itself was affected by the spatial displacement and shifts resulting from the telluric movement. Fast-moving natural disasters like these change the environment and people’s lives radically, and have important implications for government priorities, including definitions and implementation of land policy, both before and after such events.

Predictable climate change events, underground contamination, air pollution, and other such data can be mathematically modeled before they happen. By connecting these models with the spatial databases of a 3D cadastre, it is possible to create prospective 3D scenarios of the potential impacts and identify the neighborhoods and properties that could be affected. Unpredictable phenomena such as earthquakes and sudden flooding can be represented much more quickly if the measurement instruments tracked by environmental institutions or government agencies are connected to the spatial databases of 3D cadastres. The spatial representation of the impact can be made available soon after the event.

In sum, the 3D representation can help define preventive land policies to address predictable changes and also enable the readjustment of current land policies after unpredictable natural events.

3D Networks and Infrastructure

Infrastructure and transport networks move through 3D parcels in different ways and allow the city to remain active and fluid. Some of these networks are invisible by nature, such as the microwaves of cellular phones; others are invisible because they are located underground, such as infrastructure tunnels and pipes; and others are easily visible because they are built on the surface, such as roadways or utility lines. Figure 4 illustrates some of the complex spatial intersections that occur in the overlapping layers of infrastructure and transportation networks within 3D parcels.

These spatial relationships among networks and public and private properties, environmental reserves, mineral deposits, water bodies, and other features have been treated inefficiently through 2D cartographic norms, but they require the development of specific, new 3D norms to enforce the social function of property with equity and justice. For example, Article 1.286 of Brazil’s Civil Code states that a landowner is obligated to provide a right of way through her property for cables, pipes, and other underground conduits that serve the public at large and could not be built elsewhere. The law also outlines the need to determine the amount of area affected by public works projects in each parcel and its corresponding value in order to calculate the compensation due to the owner. 3D cadastral records can be an important contribution to facilitating such transactions.

3D Land Market Value

One of the functions of a territorial cadastre is to provide information to determine the value of the parcels with respect to property taxation and urban planning policies. In Latin America, land values generally have been based on ad hoc valuation methods (such as the replacement value of buildings) that use construction data and land values for each cadastre sector (Erba 2008). This practice does not always produce reliable valuations because it is difficult to keep the cadastral databases up-to-date, and the implementation of the valuation methods may be arbitrary from place to place.

An alternative valuation method now being implemented across the region is the use of spatial econometric models to determine property values with the desired level of statistical precision. This is important because land values change across urban space and depend on variables such as urban regulations, environmental restrictions, scenic views, infrastructure, and other features associated with the property, such as underground or airborne elements.

The most modern GIS platforms developed for 3D cadastres even allow the assessor to “stand” inside a building at any given altitude before the building is constructed. The software allows the assessor to see the view that will be available from the window of the dwelling, identify relationships to other buildings, perceive the natural landscape, and note other relevant characteristics of the property. Such data help determine the relevance of externalities to the value of the property, an aspect often neglected in valuations based on traditional replacement value methods.

Figure 5 shows a perspective of the surface gradient of land values per square meter obtained from sample points corresponding to properties for sale. The surface has the same coordinate reference system (x, y) as the entire city. Even when the spatial third dimension (z) is not related to the geographic space, it is possible to put the surface under the legal virtual city (as shown in figure 2) and analyze the spatial correlation between the land value per square meter and relevant urban regulations. Such an application is another possible contribution to the development of land policies based on 3D cadastre techniques.

Conclusions

While the technologies used to measure, represent, and store information are now evolving toward 3D platforms, urban legislation and land policies continue to approach the city as a flat land surface. To visualize the buildings and the restrictions imposed on properties in 3D is a considerable advancement for those responsible for urban decision making. Nevertheless, there is a long way to go before 3D information is integrated as part of urban legislation and property titles.

The consolidation of a 3D cadastre, which registers how 3D parcels intersect with the corresponding legal norms and regulations, would contribute to more effective urban and environmental planning, infrastructure network design, and the prevention of informality by permitting the construction of future scenarios showing the impacts of land policies in space. Changing the term area to space would be a first step in giving urban and environmental legislation a 3D connotation, and would be a simple and relevant way to start the process of introducing this new paradigm. Structuring a 3D property registry is still under development, but when it is established landowners will understand that they own cubic feet instead of only square feet.

About the Author

Diego Alfonso Erba is a fellow at Lincoln Institute of Land Policy where he coordinates distance education programs for the Program on Latin America and the Caribbean. He also researches, publishes, and manages studies on cadastre and GIS applications.

References

Câmara, Gilberto. 2000. http://mundogeo.com/blog/2000/01/01/geometrias-nao-sao-geografias-o-legado-de-milton-santos/

Erba, Diego A. 2008. Catastro e información territorial en América Latina (CD-Rom). Cambridge, MA: Lincoln Institute of Land Policy.

van Oosterom, Peter. 2011. Preface of the Proceedings 2nd International Workshop on 3D Cadastre. Delft, The Netherlands http://3dcadastres2011.nl/

Acknowledgments

The author thanks these partners and colleagues in the development of research in this field of knowledge: Anamaria Gliesch-Leebmann, Design Concepts 4 You, Seeheim-Jugenheim, Germany; Everton da Silva, Federal University of Santa Catarina, Florianópolis, Brazil; João Norberto Destro, Aeroimagem S/A; Igor Bacigaluppi, Regional Government of Bio-Bio, Chile; Sergio Baeriswyl Rada, Municipality of Concepción, Chile; Andrea F. T. Carneiro, Federal University of Pernambuco, Recife, Brazil; Eduardo A. A. Augusto, Brazilian Land Registry Institute (IRIB), São Paulo, Brazil; and Martim Smolka and Anna Sant’Anna of the Program on Latin America and the Caribbean at the Lincoln Institute of Land Policy.

Faculty Profile

Alan Mallach
Abril 1, 2013

Alan Mallach is a nonresident senior fellow at the Metropolitan Policy Program of the Brookings Institution and a senior fellow at the Center for Community Progress, both in Washington, DC; and a visiting scholar at the Federal Reserve Bank of Philadelphia. He has been engaged as a practitioner, advocate, and scholar in the fields of housing, planning, and community development for nearly 40 years, during which time he has made contributions in many areas including affordable and mixed-income housing development, neighborhood revitalization, and urban regeneration. In 2003 he was named a member of the College of Fellows of the American Institute of Certified Planners in recognition of his lifetime achievements as a leader in the city planning profession.

Mallach is also a visiting professor in the graduate city planning program at Pratt Institute, in New York, and has taught at Rutgers University and the New Jersey School of Architecture. He has published numerous books and articles on housing, community development, and land use; his book Bringing Buildings Back: From Abandoned Properties to Community Assets is recognized as the standard work on the subject. His most recent book, Rebuilding America’s Legacy Cities: New Directions for the Industrial Heartland, was published in 2012 by the American Assembly at Columbia University. He is a resident of Roosevelt, New Jersey, and holds a B.A. degree from Yale College.

Land Lines: How did you become involved with the Lincoln Institute?

Alan Mallach: I have known about the Lincoln Institute for many years, and initially became involved in the 1990s through my work on brownfields redevelopment. Since then, I have served as faculty in a number of training sessions sponsored by the Institute and participated in meetings and conferences at Lincoln House. About seven years ago, Nico Calavita, professor emeritus in the Graduate Program in City Planning at San Diego State University, and I undertook research on inclusionary housing. This project led to the Institute’s 2010 publication of our co-edited book, Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture. Most recently, I have been working with Lavea Brachman, executive director of the Greater Ohio Policy Center, on a policy focus report that looks at the issues associated with regenerating America’s legacy cities.

Land Lines: What do you mean by legacy cities?

Alan Mallach: “Legacy cities” is a term that has come into use increasingly to replace “shrinking cities” as a way to describe the nation’s older industrial cities that have lost a significant share of their population and jobs over the past 50 or more years. Iconic American cities such as Pittsburgh, Detroit, and Cleveland are typically mentioned in this context, but the category also includes many smaller cities like Flint, Michigan; Utica, New York; and Scranton, Pennsylvania.

Land Lines: How do the issues of legacy cities engage the Lincoln Institute’s central policy concerns?

Alan Mallach: They do so in many different respects, but I think the strongest connection is around the question of how land is to be used in these cities. All of these cities have had a significant oversupply of both residential and nonresidential buildings relative to demand, at least since the 1960s. As a result of extensive demolition over decades, they have accumulated large inventories of vacant or underutilized land. Detroit alone contains over 100,000 separate vacant land parcels and another 40,000 to 50,000 vacant buildings. While this inventory is a burden, it could also become an enormous asset for the city’s future. How to develop effective strategies to use this land in ways that both benefit the public and stimulate economic growth and market demand is one of the central issues facing these legacy cities.

Land Lines: How would you compare this challenge to your work on inclusionary housing?

Alan Mallach: From an economic standpoint, it’s the other side of the coin. Inclusionary housing is a way of using the planning approval process to channel strong market demand in ways that create public benefit in the form of affordable housing—either directly, by incorporating some number of affordable housing units into the development gaining the approval, or indirectly, through off-site development or cash contributions by the developer. As such, it involves explicitly or implicitly recapturing the incremental land value being created by the planning approval process. Inclusionary housing presupposes the presence of strong market demand and cannot happen without it.

Land reuse strategies in legacy cities seek to create demand where it doesn’t currently exist or alternatively find ways to use the land that benefit the public and can be implemented even under conditions where market demand cannot be induced, at least for the foreseeable future. These approaches are often called “green” land uses, such as urban agriculture, open space, wetlands restoration, or stormwater management. It can be difficult to get local officials and citizens to recognize that the traditional forms of redevelopment, including building new houses, shopping centers, and so forth, require the existence of a market for those products. However, the demand simply does not exist in many of these devastated areas. Moreover, the demand cannot be induced artificially by massive public subsidies, even though public funds can, under certain conditions, act as a stimulus to build demand.

Land Lines: Is lack of demand evident everywhere in legacy cities?

Alan Mallach: No, and that’s one of the most interesting things about these cities. Some cities are seeing demand grow far more than others, but in most cases the revitalization is limited to certain parts of the city. One noticeable trend is that downtown and near-downtown areas, particularly those with strong walkable urban character, such as the Washington Avenue corridor in St. Louis or Cleveland’s Warehouse District, are showing great dynamism, even while many other parts of those two cities are continuing to see population loss and housing abandonment.

Part of this dynamism is driven by walkability and strong urban form (see the new Lincoln Institute book by Julie Campoli, Made for Walking: Density and Neighborhood Form (2012), which examines 12 such walkable neighborhoods and the forces behind their recent popularity). A second important factor is that these areas appeal to a particular demographic—young single individuals and couples. This group is not only increasingly urbanoriented, but is growing in terms of its share of the overall American population.

Land Lines: What other issues are you exploring in your work on legacy cities?

Alan Mallach:I am focusing on two research areas, one more quantitative and one more qualitative. In the first area, I am looking at how many of these cities are going through a pronounced spatial and demographic reconfiguration—a process that is exacerbating the economic disparities between different geographic areas and populations within these cities. While many older city downtowns, such as those of St. Louis, Cleveland, Baltimore, and even Detroit, are becoming increasingly attractive, particularly to young adults, and are gaining population and economic activity, many other neighborhoods in these cities are losing ground at an increasing rate. In many places these trends are accentuating already problematic racial divides.

My second area of research revolves around the question of what it takes to foster successful, sustained regeneration. Lavea Brachman and I touch on this challenge in our policy focus report, but I am hoping to delve into it much more deeply, including looking at some European cities that have found themselves in situations similar to those of American legacy cities. I think the experiences of cities in northern England, for example, or Germany’s Ruhr Valley, parallel changes in our own former industrial cities quite closely.

Land Lines: What do you mean by successful regeneration?

Alan Mallach: That’s a very important question. I think there’s often a tendency to see a particular event—the Olympics in Barcelona or a major building like the Guggenheim Museum in Bilbao, Spain, for example—as evidence of regeneration, rather than, at best, a discrete spur to more substantial change. I believe that regeneration has to be a function of change in three fundamental areas: first, the well-being of the population, reflected in such measures as higher educational attainment and income or lower unemployment; second, a stronger housing market and greater neighborhood strength; and third, the creation of new export-oriented economic sectors to replace the lost industrial sector. Population growth alone (that is, reversal of historic population decline) may or may not be evidence of regeneration. It is more likely to follow these three changes rather than lead them.

Land Lines: What do you see as the future of America’s legacy cities?

Alan Mallach: I see a very mixed picture. As shown in the policy focus report, certain cities are doing far better than others. Pittsburgh and Philadelphia are showing strong signs of revival, while Cleveland, Detroit, and Buffalo are still losing ground. I think legacy cities are facing two daunting challenges as they look to the future.

The first issue is what the new economic engines of these cities will be. The cities that have been more successful up to now tend to have the most significant clusters of major national research universities and medical centers. These institutions tend to dominate their cities’ economies. While they have helped cities like Pittsburgh and Baltimore rebuild in the post-industrial era, I think a lot of questions remain about their sustainability as long-term economic engines.

The second question is demographic. Downtowns may be drawing young, single people and couples, but many of these cities’ residential neighborhoods were built around 100 years ago as communities mainly for married couples to raise children. Now they are falling apart, including many neighborhoods that have remained stable until relatively recently. This demographic of married couples with children is shrinking across the country and even more so in our older cities. Today, only 8 percent of the households in Baltimore, for example, fit this description. I believe that the future of these neighborhoods is very important to the future of their cities, and I am very concerned about their prospects.

Land Lines: In spite of these challenges, how do you think your work is making a difference?

Alan Mallach: The fact is, many cities are making progress. Pittsburgh has done an excellent job building on its assets to develop new economic engines, while Baltimore and Philadelphia are making impressive strides in reorganizing many of their governmental functions to better deal with their vacant and problem property challenges. Baltimore, for example, has initiated a program called Vacants to Value, which integrates code enforcement and problem property work with larger market-building strategies. I have been fortunate to be directly involved in this work in some cities, including Philadelphia and Detroit; elsewhere, I’m always gratified when local officials or community leaders tell me that they use my work, or that they have been influenced by my thinking. It makes all the effort very much worthwhile.

Mensaje del presidente

Redesarrollo de nuestras ciudades para el futuro
George W. McCarthy, Outubro 1, 2014

En mis tiempos de becario en la Universidad de Cambridge, durante la década de 1990, mi colega y amigo Wynne Godley, que ya no está entre nosotros, pasaba a buscarme los domingos para llevarme a una de las iglesias medievales de las que pueden verse en todo lugar en los pueblos de East Anglia. Wynne decía frecuentemente que “una iglesia es más un proceso que un edificio. Se desarrolla a lo largo de los siglos e involucra a generaciones de familias en su construcción y mantenimiento”. Wynne tenía buen ojo para los detalles arquitectónicos, por lo que podía señalar un contrafuerte o un campanario que ilustraba la práctica de una técnica específica, el uso de materiales fuera de lo común, o ambos. Una sola iglesia ofrecía un registro vivo y estratificado de la forma en que cada generación en una comunidad resolvía el desafío de construir y mantener grandes espacios cerrados y abiertos que posibilitaran la belleza del culto.

En este sentido, las ciudades tienen mucho de iglesias medievales. A medida que transcurre el tiempo, las ciudades ilustran la colaboración de generaciones de residentes, así como también la evolución de las herramientas económicas, técnicas e, incluso, sociales que se utilizaron para construirlas y mantenerlas. Las reliquias de mármol que encontramos en Roma son un testimonio vivo de la estética y los valores antiguos y de la ingenuidad en la construcción, mientras que la ciudad moderna florece a su alrededor. El icónico horizonte de Manhattan, en apariencia inmóvil, en realidad fluye constantemente y hoy en día evoluciona en forma radical a fin de responder a las demandas de sustentabilidad, resiliencia, desarrollos mixtos y otras cuestiones del siglo 21.

Los límites de las ciudades también evolucionan y narran otra historia de importancia crucial. Es posible que el futuro de nuestro planeta dependa de nuestra capacidad de comprender dicha historia y desarrollar las herramientas y la voluntad colectiva necesarias para gestionar el patrón y la progresión del crecimiento urbano. Shlomo (Solly) Angel documenta esta trayectoria en el Atlas of Urban Expansion (Lincoln Institute of Land Policy, 2012), en el que se utilizan imágenes satelitales captadas a lo largo de décadas con el fin de llevar un registro de la evolución espacial de 120 ciudades en todo el mundo, desde Bamako y Guadalajara hasta Shangai y Milán. El último medio siglo de crecimiento urbano ha proporcionado un cuento con moraleja sobre la seducción de la expansión urbana descontrolada, un camino sin mucha resistencia que genera beneficios económicos de forma rápida pero cuyo desarrollo es poco sustentable. Nuestra capacidad para controlar la huella ecológica que dejamos y minimizar nuestro impacto a nivel mundial estará estrechamente relacionada con nuestra capacidad para planificar y construir asentamientos humanos más densos y eficientes. En vista de la predicción de las Naciones Unidas en cuanto a una población urbana mundial que casi se duplicará para llegar a las 6 mil millones de personas en el año 2050, la suerte del planeta dependerá de si los humanos, como especie, podremos adoptar un paradigma de desarrollo más apropiado en este medio siglo por venir.

A medida que nos esforzamos en reinventar nuestros asentamientos urbanos, nos enfrentaremos a un viejo enemigo: el suelo que ya ha recibido mejoras y desarrollo pero que debe adaptarse a usos nuevos. Aunque no desconocemos este proceso tan polémico, podemos decir que todavía no hemos logrado descifrar el código para gestionarlo. En este número de Land Lines analizamos algunas de las necesidades impulsoras que requerirán enfoques creativos para el redesarrollo en diferentes ciudades y contextos: cómo cubrir la demanda insatisfecha de vivienda que lleva a millones de trabajadores en Beijing a habitar en viviendas subterráneas; cómo financiar la infraestructura para gestionar la presión de la población en Río de Janeiro y otras ciudades de Brasil; o cómo darle nuevos usos al suelo ante la agonía derivada de un completo ajuste industrial, demográfico y fiscal en Detroit. Estos lugares son diferentes entre sí, pero todos enfrentarán desafíos similares a medida que evolucionen en las décadas futuras.

En el Instituto Lincoln somos profundamente conscientes de la necesidad de nuevas ideas y nuevas prácticas que faciliten el redesarrollo sustentable del suelo que ya se ha desarrollado o ya se encuentra ocupado. Durante el próximo año, comenzaremos a generar un emprendimiento intelectual para tratar los múltiples desafíos de la regeneración urbana, extrayendo lecciones de las medidas tomadas tiempo atrás en los Estados Unidos y en otros países desarrollados después de la Segunda Guerra Mundial, buscando maneras nuevas y creativas de financiar la infraestructura para mejorar el suelo en asentamientos informales que ahogan a las ciudades en los países en vías de desarrollo, o reavivando la salud fiscal de ciudades tradicionales del acervo estadounidense, como Detroit, descubriendo las causas que provocaron la insolvencia y probando soluciones para remediarla.

Las iglesias medievales que visité durante la década de 1990 ofrecían lecciones en piedra: técnicas y materiales innovadores que permitían a los arquitectos medievales desafiar a la gravedad. Y tal vez lo que resulta más importante es el hecho de que eran monumentos al esfuerzo comunitario y al compromiso a largo plazo de las congregaciones que construyeron y sostuvieron estas iglesias durante siglos. Al fin y al cabo, la supervivencia humana podría depender de nuestra habilidad para superar, de forma similar, las fuerzas centrípetas que socavan la acción colectiva, y construir y mantener las estructuras sociales y los marcos normativos con el fin de desarrollar y redesarrollar nuestras ciudades para el bien mutuo y para la posteridad.

Tecnociudad

Chattanooga—La gigaciudad
Rob Walker, Outubro 1, 2015

El acceso universal a internet de alta velocidad es un sueño generalizado en estos tiempos. Todos, desde el presidente de Google, Inc. hasta cualquiera de nosotros, lo hemos anhelado. Y la prensa tecnológica se inunda de irritadas críticas, preguntándose por qué las velocidades de banda ancha habituales en los Estados Unidos están tan retrasadas con respecto a las que existen, por ejemplo, en Corea del Sur.

Sin embargo, hace sólo cinco años este no era un tema candente. En aquel entonces, el debate (y las acciones) no era liderado por el gobierno federal o el sector privado. Los primeros en movilizarse fueron diversos municipios con un pensamiento innovador: ciudades y distritos como Chattanooga, Tennessee; Lafayette, Louisiana; Sandy, Oregón; y Opelika, Alabama.

De más está decir que los motivos y las soluciones eran variadas. No obstante, ahora que la conectividad de alta velocidad se está reconociendo como una infraestructura urbana fundamental, Chattanooga se ha convertido en un caso de estudio muy útil. El proceso por el cual llegó a autodenominarse “gigaciudad” (en referencia a la disponibilidad de conexiones a Internet con velocidades de transferencia de datos de 1 gigabit por segundo, es decir, hasta 200 veces más rápidas que la velocidad habitual de banda ancha que tienen muchos estadounidenses) comenzó con una iniciativa municipal visionaria desarrollada mediante una meditada coordinación entre el sector público y el privado. Recientemente esta medida ha comenzado incluso a mostrar efectos tangibles en la planificación y el desarrollo de la ciudad, especialmente la nueva imagen que se le está dando al centro de la ciudad, rezagado durante tanto tiempo. En resumen, Chattanooga está comenzando a responder a una pregunta crucial: Una vez que una ciudad tiene acceso a Internet de primera clase, ¿qué hace en realidad con ello?

Esta historia comienza hace más de una década, cuando EPB, la empresa de energía eléctrica propiedad de la ciudad de Chattanooga, planificaba una mejora importante en su red eléctrica. El director ejecutivo de EPB, Harold Depriest, abogaba por un plan que consistía en el despliegue de cables de fibra óptica que también pudieran usarse para el acceso a Internet. Una vez eliminados los obstáculos normativos locales, el nuevo sistema se construyó hacia el año 2010, y cada cliente de energía eléctrica de EPB en el área de Chattanooga (lo que significó prácticamente todos los hogares y negocios) obtuvo acceso a Internet de 1 gigabit. Sin embargo, había que pagar por este servicio, al igual que se pagaba la electricidad, y el precio que se estableció al principio para el acceso a la velocidad más rápida de Internet fue de aproximadamente US$350 al mes.

“Tenían muy, muy pocos clientes”, recuerda Ken Hays, presidente de The Enterprise Center, una organización sin fines de lucro que, desde el año 2014, se ha enfocado (a petición de los funcionarios municipales electos) en desarrollar estrategias en torno a lo que los habitantes de Chattanooga denominan “el giga”. Según Hays, el presidente de Lamp Post Group, una exitosa empresa de capital de riesgo dedicada a la tecnología, expresó su adhesión inmediatamente. Sin embargo, a nivel ciudadano, “no teníamos el mismo entusiasmo” que el debate sobre el acceso a Internet de 1 giga genera hoy en día. En 2010 “no había muchos buenos casos de estudio”, concluye Hays.

Sin embargo, un gran cambio estaba en marcha. El anuncio de Google Fiber (la incursión del gigante de las búsquedas en Internet en el desarrollo de infraestructura de Internet de alta velocidad) despertó nuevo interés. Además, en el año 2013, Jenny Toomey, directora de la Fundación Ford que se dedica a los derechos en Internet, ayudó a organizar una especie de cumbre para que los funcionarios de municipios como Chattanooga, Lafayette y otras ciudades pudieran reunirse y comparar notas. “Todavía era muy incipiente en ese momento”, recuerda George W. McCarthy, presidente y director ejecutivo del Instituto Lincoln y economista, quien, en ese entonces, era director de la iniciativa Oportunidad Metropolitana de la Fundación Ford. Sin embargo, según McCarthy, esa cumbre marcó el inicio de nuevas conversaciones sobre la forma en que tales iniciativas podrían hacer más competitivas y equitativas a las ciudades, así como también menos dependientes de las soluciones que provienen exclusivamente del sector privado y que, con frecuencia, consideramos más eficientes que las ofrecidas por el gobierno. “Y dos años después de esa cumbre, el tema acaba de explotar”, concluye McCarthy.

De hecho, la cumbre se convirtió en ese tipo de acontecimiento extraño que dio a luz a una nueva organización, Next Century Cities, fundada en 2014 y que actualmente posee una membresía de más de 100 municipios. Esta organización comparte las buenas prácticas basadas en un plan según el cual el acceso a Internet de alta velocidad es una cuestión de infraestructura fundamental e independiente que las comunidades pueden y deben controlar y diseñar.

Contra este telón de fondo, Chattanooga estaba tomando medidas para demostrar cómo podría aprovecharse “el giga”. The Lamp Post Group se había trasladado al centro de la ciudad y el acceso a Internet de alta velocidad era sólo el comienzo para los jóvenes emprendedores y especialistas en tecnología que deseaba atraer. “Si no tenemos opciones de vivienda, si no tenemos un espacio abierto, si no tenemos cafeterías de moda… se irán a ciudades que sí los tengan”, señala Kim White, presidente y director ejecutivo de River City Company, una organización de desarrollo sin fines de lucro.

A partir de 2013, River City propuso, mediante un plan para el centro de la ciudad y un estudio de mercado, estrategias para mejorar la accesibilidad a peatones y ciclistas, los espacios verdes y, en especial, las opciones de vivienda. Más de 600 personas participaron en el proceso de planificación posterior, el cual tuvo como meta final la revitalización (o demolición) de 22 edificios. Hoy en día, según White, la mitad de dichos edificios están en proceso de redesarrollo y se han invertido más de 400 millones de dólares en el centro de la ciudad. En el próximo año y medio se incorporarán 1.500 apartamentos al mercado de la zona del centro, además de nuevas viviendas para estudiantes y plazas de hotel. La ciudad ha ofrecido incentivos fiscales, algunos de los cuales se han diseñado con el fin de que un cierto porcentaje de las nuevas viviendas sea económicamente asequible. La ciudad también invirtió 2,8 millones de dólares en un parque en el centro de la ciudad, que representa una parte “clave” del plan para “ofrecer áreas donde la gente pueda reunirse y disfrutar del espacio público”, según señala White. Uno de los proyectos de apartamentos, el edificio Tomorrow, ofrecerá “microunidades” y un restaurante a pie de calle. “No creo que hubiéramos podido atraer estos tipos de negocios ni la curiosidad de los jóvenes” sin el empuje brindado por el aspecto tecnológico y de acceso a Internet de alta velocidad, concluye White. “Esto nos ha dado a conocer”.

Según Hays, el giga también inspiró una iniciativa respaldada por el municipio, consistente en identificar estrategias clave de desarrollo que dieron como resultado un “distrito innovador” en el centro de la ciudad impulsado por Enterprise Center. El fundamento de esta iniciativa consiste en restaurar un edificio de oficinas de 10 pisos para transformarlo en el Centro de Innovación Edney, que tendrá espacios de trabajo compartido y alojará a la sede de CO.LAB., una organización incubadora de negocios locales. La Universidad de Tennessee en Chattanooga tiene un proyecto consistente en un laboratorio de impresoras 3D en el distrito innovador; incluso se ha remodelado la oficina del centro de la Biblioteca Pública de Chattanooga, para incluir un espacio educativo tecnocéntrico.

EPB, cuya visión original de la fibra óptica puso en movimiento la idea de la gigaciudad, ya hace tiempo que ha logrado dar con una solución respecto a los precios (en la actualidad, el acceso a Internet de velocidad de 1 giga cuesta desde aproximadamente US$70 al mes) y ha atraído a más de 70.000 clientes. Desde hace poco también ofrece a los residentes de bajos recursos que reúnan ciertos requisitos acceso a Internet de 100 megabit, mucho más rápido que la mayoría de las conexiones de banda ancha disponibles en los Estados Unidos, por US$27 al mes. Además, las acciones de EPB para expandirse a las áreas adyacentes a Chattanooga que no reciben servicios se han convertido en un componente importante de las medidas más amplias que están surgiendo para desafiar las normas en muchos estados, desde Texas a Minnesota o Washington, las cuales limitan efectivamente a los municipios a la hora de ofrecer sus propias conexiones a Internet de alta velocidad.

En resumen: las cosas han cambiado mucho, tanto en Chattanooga como en otras ciudades y distritos que han impulsado el desarrollo de una infraestructura de Internet que el sector privado no estaba ofreciendo. “La mayor parte de este trabajo se está dando en este mismo momento a nivel municipal”, comenta Deb Socia, directora de Next Century Cities. “Son los alcaldes, los administradores municipales y los gerentes de sistemas los que están tomando medidas para averiguar qué necesitan sus ciudades”. Las implicaciones que esto tiene para cuestiones cívicas fundamentales como la educación, la salud, la seguridad, etc. todavía están en pleno desarrollo. Y, precisamente debido a que el debate y la planificación se están dando a nivel municipal, esta cuestión no dependerá solamente de consideraciones de mercado que favorecen lo redituable sobre lo posible. “Lo mejor de esto”, resume McCarthy, “es que se trata de una cuestión integradora, no excluyente”.

Rob Walker (robwalker.net) es colaborador de Design Observer y The New York Times.

From the President

H. James Brown, Julho 1, 2002

The richness and multidimensional nature of the Lincoln Institute’s educational program is well demonstrated by the seminars, courses and lectures offered at Lincoln House recently. We are proud that the Institute is playing a significant role in helping scholars and practitioners from throughout the United States and around the world to clarify the issues and their own positions on complex land and tax policies.

In late May, Armando Carbonell, cochairman of the Institute’s Department of Planning and Development, and Harvey Jacobs, professor of planning at the University of Wisconsin-Madison, assembled a group of leading scholars to discuss the changing nature of property rights in the twenty-first century. This topic has taken a prominent place in local debates around the U.S., and the Supreme Court is regularly asked to review property rights cases. Property rights and land tenure issues are also increasingly important in many contexts around the world. In rapidly growing cities in developing countries, for example, new calls for constitutional changes seek to ensure rights for the poor.

In another arena, the Institute continues to provide training for journalists who cover land use and property tax issues. We are all aware of the significant role that journalists play in informing the public on a variety of topics, yet most journalists are by training generalists rather than specialists. Our programs are designed to provide valuable background material and resources on land use and taxation issues to inform their work. Following the seminar on property rights, Carbonell and Jacobs reviewed the key themes of that debate with an invited group of 28 journalists who spent two days at Lincoln House. This course also included presentations by Joan Youngman, chairman of the Institute’s Department of Valuation and Taxation, and Bob Schwab, an economist at the University of Maryland, on the interplay between property taxation and school finance. Rosalind Greenstein, cochairman of the Institute’s Department of Planning and Development, and John Landis, professor of planning at the University of California, Berkeley, detailed the policy concerns related to sprawling patterns of development in California and other regions.

Training practitioners continues to be another major focus of our courses and seminars. We regularly provide training for transportation planners, state and regional planning officials, community development corporation directors, and professionals in urban universities who are responsible for real estate and community development. Martim Smolka, director of the Institute’s Latin America Program, brought 23 policy makers and academics from 12 Latin America countries to examine the opportunities and pitfalls of large-scale urban developments. Finally, as part of our Lincoln Lecture Series, Anthony Vickers, the former president of the Henry George Foundation of Great Britain, presented a talk on the prospects for land value taxation in Great Britain.

Lincoln House is a busy place. We believe we are making a difference in many different ways—training a broad cross-section of scholars, educators, journalists and practitioners in land and tax policy, and providing a forum for public debate. We look forward to the new academic year that begins in July, and hope you will find a way to share this experience with us.