THE COMMUNITY LAND TRUST A Guide to a New Model for Land Tenure in America Incenational dependence sia West Road, Box 183, Asi, Massachusetts 01431 Robert S, Swann, Diectoe ‘Shimon Gotwchak Edward Webster Pbihed by Center fo Community Economic Development 1878 Mawachowts Avene Cambridge, Mapas 02140 won 2007 rape by BR ofVernant be Webster 588 Uppor Dover Road Wer, VF 05963 Design and Layout: Lana KurtzContents Preface wa Foreword and Acknowledgements & {Introduction xu Historia Preodens a Evolution and Effet of Land Tenure Practes xv 1s There Way Out wi Part On CChapter One: The Community Land Trust ' Defining he Conerniy Land Test 1 Applications of the Conmoniy Land Test Concept 2 Paita Oimensons. 4 Chapter Two: Experiments in Community Landholding 7 Foreign Models 7 [fon Wt Cid ~ Gondor ~ Jk Nao Fan ‘amarcan Experiments 0 tiga amen Tos Eni — Homa Commas Chapter Three: One Experiment: Organizing New Communities Inc. 16 "New Communit, In. ~The Eat Years 16 Exploring the Feasilty of a Land Trust Progam 7 Farm of Ownership: The Lenhold Principle 18 Preliminary Oruiratonsl Sroctare 3 ‘The Proce of Inerportion| 2» Loertion of the Ofce a Financing the nial Land Purchase 2 “The Reaity: Bulg the Community esPart Two: Doing It Chapter Four: Getting Started nial Considerations and Relationships The Issue of Control and Exercise of Trosteship Eel and reg Bas for Reo Tein” Suc Poms econ ‘Geoerat Orpization and Structure Use of Existing v. New Trust Organizations ‘Choosing the Legal Entity Raaton 10 Other Organizations {lea somo" Commuiy Deeopment Corporation ~ Town Carpraton (or Govming Emir Patiipation (Chart: New Communities, Ine. Model ‘Chart 2 Regional Land Trust Model ‘Chapter Five: Internal Organizational Structure Aides of Orgnizaton Bylaws ‘Seecton ofthe Board ‘Spat Bylaw Provisions ‘irom Pao St Tannese — Si of Pate oper n Tat ‘Acdiioal Stvture (Chart 3: intemal Structure of «Regional Land Trust CChapter Six: Land Selection and Acquisition Pasite Sources of Comunity Development Land nt red Fear! Lis” Connie Pat Land — Eclat Covamed Prim Owners Lan Late Aeon" Stt Pcie Boying La Chae Soe Fn Fy SS tes Lee eo cantons Hig oe i faecal ai dee oe ieee Stiacs Frater cee nr ans i (pe Tx) BER eeuy st sChapter Ei Lad Us a Ss Pig « arts oa nee s Soh re Aa Fs : caer Gi at Pins So “ thane ° Chop ie Ug Te Land SEkealog Rete of Lan yh Tat Ui fe Ini ° Selene Gna Oa) e {ane a usr ens Coaperie oF oon Chan Tex Tat, Zain and Big ad Snatin Cos ‘Rebelo the Tx Bure — Tne By Goe~ Oter Commas “ Chat tn: nt For Aon ” Ee eta atin we Or rs Th Spo omnis” ts Docent * (tas tat x IE Retains ey Sor ont Honan 3 Si Sin cee z Sf Maree Pn sate & Seer ae 2 2 SCA RNa copeane cna se 2 Sands Pop on eed indy neon 2 Seep Sn rehearse % Selected Bibliography usPreface: 2007 Reprint “This repr responds toa ft ned poserve what may wall be We it ocameriatn of Be Commun Land Trt conept The cones ana pines evlved in part rm the expesenea of several poneeengatratve [enatoaing inves of be ie such a the Jonah Natonal Fund, yn Csied omasteade and New Cornmuriies, in. Bob Swann he pine ater was ‘engl irfueneed by tuners such sa Henry George: Ralph Boros and EF chumscher Ths eg him oho estaba wat he Bebeved lobe te Rt ‘perment of hs aotinAbany, Gan 85 ut the torm “conan ln Vist doesnot sem to have been vse ‘os ones props. bole Pe term was bain 72 wah ie pubicaton The overent has cme eng way he 35 Yar ios. Breton now ist ove 170 CLTe and CLT procs Inthe USA Internat! independence inate th nk rk out of wich Bob Swann, _snimon Gosche, Erck Hanh and he tor worked was ad oes ord ‘he end of te 1670s. By thon nett or Comeranty Economies (C=) wat ‘tet long wth is msl lo hp CLT tak roo Boo Swann moved on "eoaming a founder af te €F Schumacher Soc, one saver groupe arent oman De concen an inpong he vaste FCT ‘anong the "he Schuacher Socal (aw smatsbeautora) {rato for Carman Economic wn oe.) atonal CL org ‘uringion Assoistesutnglonastocites.com) (CUT Aacemee: Flora Housing Coal Fra ery) Lncoin insti of Land Poly (Boston), ww clint ea ‘Wan Bi rep we nave prosared he ear tat ae sng oy his ino page and moatyng te erga cover and tie page To he bot of our Fawledge CCED of Cntidge, MA tho ginal pusher has ong ine been ‘solved 0 the gal cope ine has been copped. Pt aye vale thank othe orginal ders earthy dark row nk on ight row tc and Some othe ated aocrsent that had ead been rough several Senertns of copying “he c eah ne olare |tde o Sun my conan {onys CLT movement, of ret oat and perhaps even hei to sme. "Sad (eaward) Webster redo Venmont Febriay, 2007Preface “This ude describes one ofthe mos exciting new tol that lowincome commutes an ube wo ain contol ofthe develoment proces in thei own neighborhoods It tool that ante used in elt urban a rural area, speci s conunetion with 2 toca community devetopment corporation ~ Isl an innovation of poor communis forthe own development “The Center for Community Econone Development has hada continig interest in the land Past concep though i tee yearasocaton with tre Fentherfilé Farm Project in suthwest Georgia That project seks to bull neni, small new town 2 £5,700aee frm, under the conrel of oa Vowinome people, specially black share coppers ns muliccounty set sponsored by New Communities, Ine, au ‘ented, cl rigs, comunity development group that he poneered te an rust Eenceot for that project NCI is deri in dt inti ude, and sme lesen ae ‘raw from what ssl an incomplete experience ‘Asa pole esearch and advocacy center, CCED ha wie to promote attention tote Feathered Farm project and spor fork ne ofthe mont pra ess ot ‘munity ld tus s sparen so exling and rovan to 0 many peopl ight sow ITthatthey ate begining tose that we hve seived at at point Een, ‘cology and polite! ess ae looming In a way tat snow becoming vey. Wea hungry fr alternatives to extingland we races bused on mote eel ‘munity land bust, however, nongovernmental isin, with Be pinay impetus ‘olin fom the botom up and more dec from te people Pole! Cimenions “The concept ofthe commit and thas olla! implications fr eran groups Gf senttnchsed Americans, Tete aes nomber of arly unrelzed) opportantis {ox land wsteship within exabvned communities o ete woups. OF parla ‘Ream to ete age tat seen fom them by white steer Return ofthese nds might be more pital ese trough the mechanism of mm and trust sponsored and contralled by the ial and ig older of ‘he land, The sepia and poll acon onthe federal eve requ. bn ‘any cic largesrcons of thi and ve been taken over or deeded to an-natve oops ard corporations These groups could be offered longterm ass, which would prone asontinung source of income to the mae or Mexian American wes, ian wn Sa i, td ‘Sanur ane ctnapys soon 250 ‘Soumumiy Eeanomes (cori Ma: “eon warmers 27 Edges Con. The Ameria iy" 2 fron opr Tena, tn Land arm Orton 5S Wate Febery St onesSuch efor to ea large wat of land inked with 2 our to atonal tbl (Communal landholding hol forth the promise of sipifcan experiments in the set ofthe comma ind ts {odin Tribal Lands. Among the several clams or stration f Indian andi that of ‘he Pit River Ian Count, whic srecliming eto 3 milion wes of ital ands in northeast Cal fornia. This rb wa oresfly removed fom it fand in 1953 and ‘ost ofthe lanes now eld by the fedoal goverment and age corporations. In espe to the ns cai the goverment in 1963 offered 47¢ per see The ibe ‘ejected the off, isting proclamation that tated ia prt The Pit Ries Indian Tribe na voted unanimanly to fete payment unde the Califa Land Claims Case now being pepe for stoma. Webevethatmoneycanoot buy the Mother Eas, Weare the right {land eg owners ofthe land. Therefore, we esi il the resourceful land that bas raonally been ous, wth te exception of that "owned byprvateindviduas ‘On this ad we wil up our own economic and soll isc, tan 29 Rin indan Cel, Reece ingthe vais that are commensurate with tan ie We wl encourage Noweeriet te 197 In hlp ee nan Wee nd rou to etablin sma structures ross thecounty. 2 As ofthis wit the vide as a yet succeded in eching 2 satstetry stent fn ths cam, abRough they hive expert eg coursed re working toward com Brome aretimant a aban corporate support ina leslie eet to rela a pr Tog of he sain olding MexicanAmercin Chim. Ther caniderbl effort today devoted to rechiming trations Mextan American lind that hss ben taken ot by white Argon a the US. government in New Mexia, Arizona, and Calforni Perhaps the bst pu ‘ize ofthese effort tha ed by Reis Lopez Tijrna working tough the Alana Mexia Ta one case ear Tea Amal, as that had een ued aaonaly by Mexian-Amerians fr common hunting hing nd rcrestion hos een sopra at by Anglos from Texas whe have staked aut several fuousand sty, fenesd them of, lume te ee no peat tie existed previously, and ae caring a ta for the Drilegeofetesng to unto fh. So far mo wetlemen as boon ae Alasan Land Chims, The native people of Alka ~ Indians, Aleut, and Eskimos — five dimes pod potion f tat states 475 milan ace shi anal tay. Unive :heMxieat American and nan land aims, a setement of sorts hit been made by Congress ~ primary becaie of he pivernmaen' eagerness Lo explot ‘he North lope eld‘The battle wasnt cry, even with justice and the ol discovery on the sie of tho naive 30 Sef dtcuson oft See ‘oops. Woking tye he Alaska Federation of Natives (AFN), a major lobbying." EFuvangark rrr Land ie fer Sndlegltive efor was mauntcd ~ ata costo $600,000 ~andon December 14,” Auta Nat ad Ter Econom Ov SO7Is tbe House and Senate approved bl tat confirmed atv eto 4D milion a leneeeAaenes SH {eres ad authorized almost $1 bllon In compensation Tor he rest of the laimed teri toy. About half the money wl be pid by te sate rm utr Fever the bance bythe Us. Treasury ovr an I ea period. Te land wl be ved fr marly ta support hore vilages sl reying mainly on Rantng and ising Tor survival ‘The mony wil be administered by 12 atv corporation nd used to bul hovsing and Sed money for ol bse This sno doubt the lest stement ofthis rype and honored, wil res in pee: serving 0 milion sees for we unde he adlonal approach to landholding 12 fm a commanal ass cas furishes aptalation for what might be heros, ‘Tpiicant cooperative economic yentre organized afar nthe United States, 6Chapter Two: Experiments in Community Landholding ‘The examples of nd rusts and related exptimants derived inthis chapte ar for ‘ne most prt not remarkably sianfeant we mods of he commun lind tat as pare form, Whats important that sch lntats ane or more elements of the cm unity and wos concept and proves tat, nat eam be Soe, even within a aon legal and economic ame work (Whee thre hive been flutes and Ure have Seen many they a perhaps eased more by internal probs than by external press, Ssubishing community land wase depend mos on at and the wil to make i appe. Keeing gong depends upon minsnig thst ntl momentum) To derive oc even sure the many historical and contemporary experiments elated to teland est conept would fils book in iat Right now it woul rem mare Usefl ovate the general types of experiments movements ba orig sd Somete inthe cretion of seme oe "ee and nut, lusting the broader concepts of common ownership, usted, tak enclaves, ania the lanter arto he chapter ity present several expeiments nthe United Sites that may be seen as partial relevant to the mode! ofthe community and rs Foreign model Insofar the community Land wut concept applies othe problem of resibtion tad forthe common welfare, the varus efforts (ost in oer countries) i and ‘efor are televant these eases, new andholdngpatens have been implemented tn the socials counts, land isu appropriated by the central goverment and allecuedn whats dged to be the commen nail nest When done win Tramewors of decentalzed canto, tht igh be considered inthe spi of the com munity land wast concept Probably the est example le Tanz sib be, jamaa Vin In he erations societies ofthe African bes of Tanzania 0 ind Waa owned andrea ech ad th igh to use what be esse to gow sulficent ‘ood. When a mun wanted a sot of land, he wen othe che, les of cla leader and aked lor n appropriate pice which would then be cited tofu. The sting Eutnation aciced 2 at tine meant Ua the wes af lind were moving frm place {o place every few years sete nutes inthe sal becae depleted. Ay son ald es abandoned amatetplson had the ett culate tere ox are ical When the German ad, ater, rth colonists came to whats now Tanzania in he ate 80D, they rtroduced the European concep of “ownership of and Land bento be bight and soi perpetual dees sued and speculation started partclay in and Julius. Nyerere, oxime minister of Tanzania, n 1967 ale for aretun othe ah ‘onal landholding concept nis progam of Jamas Vii ("anyod in vilags"‘Te Africans ht o land was (aon) simply height tase; he 31 Senna compen ot ado oter right ti nor tocar to him oy to claim one. The ‘rue te agin rt Gotan forge inroduced s completly ferent concept— the concept of land (New Vrs eon Bie, 3964 [Simletable commodity. According fo this system, a person could ‘lama plese of lands is own eve propery wheter he nnd fo “The Tanganyian Afican National Union goverment must go hack othe tration! Afrancistor af landholding That toy, a member of {octyl be ended to a lee of and on canton that he use Ur ential, o eel" ownership of and which lead 0 section Sndparaitim) must be ablsnea 11 196748, when the Nyrere progam was implemented al lind wat natonalized and land speciation de, Land belonged to alte people but could te held ont under the candi that te wed, Lan eft unas could be taken by any intersted Up ‘rindi Tanzania might therfore be considered a nationa nd us. Elid, Ore ofthe best examples ofthe raul, or nanvelutonary, approach Tandrefoen combined wi oa vile trustees ste Mexiean ef (viabe Lunds) stem, cording to Matthew Ed student of te lage and yt in Mexico, ts form of eammunity conta of wllage lands snow pactced in more han 20/00vtages Eel tes Commit cnt, trouph the odo, was placing lana rl. Car Imani institutions were toring about economle progres without the Probie sual asibed to ndustazation. Commute controling ther own inde would brat and peeve the lage 229 ere, breathingenity The ilar theme lay wanted for they fcked to petition or ther communal ans. ner the again code, lands eitibted only whan ailag ss for 1 Vanish community, those with estan a minimum smut ‘hur popetyorprize bcmeler into an sembly, gn 3 petton fond Sndstec an executive committe fo represent teem, They ae er Tita to receive iter eso of nds usurped fom tei vila before theRevltion, oe donation af any Lads am farms of exces sewn Stren blometarf the vias The land i taken om He former owner ‘Siacat compensation, lating im ony mediums amily farm a is Temuiing property The igs ako fceves the new land a it fo tee, fetonty her complicated administrative proceeding. ‘Theresplnt community normaly vides the odo into parcel fo each familys Each eins supposed telat is parcl every Yar BerSonaly. He may pss ton to his ber, but e may not al he aban ons isan, reverts othe corumanity, ana he do commits ‘eas the parcel. Legal, on do prc! evry campiex farm of Property, with tein (and utr te eto Commit nthe State all i some sense poss of part proerty eights tot. Ineet, ‘haut, thee commte the most power “owner.” This gover Ing body islet by the member and charged with. superving the ‘peatng within the ad st, sich a atm oops or cmmuniy development epocatins or roup the rer loa community acing ate oa pons In dion, “elder statesmen” rig be selected as Indias o representing certaln 68 We nce at in myc na ey organizations so thatthe argr, pubic intrest represented onthe Dox ‘SSepmstion ot he wd ne Se ‘They might be chosen beause of special slo escures nares suchas law, Hrndanegaton cms fh rate ‘inate, anning, Fea. Siebenn af acvait= nals epee For atics practical sel symbolic restore board ofa replonl and Smueyekesterern eaten tst out to include poi appointees ~ chosen by the wo, county, oF ‘tay hoe he oud noe state goverment. Depending on what proportion the bards made up of buble ppoites, the lard trust might approach the kind af public corporation that hasbeen proposed eset up and admis conservation land bans and other publ wast and nvarions state se composition ofthe baud iby orarzationa allocation, heres danger hat hanging creumstances cold make the bylaws ablete or norkable, Orpatiation’ Sometimes dsc, or thet interests hang. New groups are formed, Perhapr pro. Vision cul be iplued fat Ue organizational allacation be re-examined yeu and uthaps change by athe fourtna majority of he Dowd Certain ops ich flvays be in enitence and involved (cha the sent community and goverment ‘Spanenon) might be exeper rom relocate, “The method by which et ognzaion chon it repreentaines ould be left up to that orpanization, abou here might be a proven to esue some turnover ‘without dscontnaty. Tem of fou of ve years might be resonable, withthe Criation dae aged “The bylaws should adinnlly specify that board members serve without compenss- ion, thou they maybe reimbursed fr expense there te tobe pld sat‘members or consultants hired Vawyes, appraisers, et), sldlns an tei compen ‘Son might be defined Special Bylaw Providans ‘Quorum Proves. Asn normal ues of order, te byl shoud nude quorum Provbion, hgh enough to prevent a small roup rom cooptingortistng te purpore ‘ofthe tit, but atthe sre me nt so Ngh that operation Ishamgered by iaity 'o make decisions. Examples of workable quorum might be one third ofthe meas 2 board meeunp, and two-irde ateneetve commie meen. Sales Iransactins. Since the man purpose ofthe tuts to aque and hd land, Special provision shouldbe made oensre that rst land not stool for pate profit. ft would probably not be desirable ott tha ut ind can never be sel, since fight bein the Interest of the longeange goals to conslidte seater pres forse certain lands with te proceeds ied to bey mare desirable and Although rove Imporant estos might be decded by a arg maoity a thre fours majority Vote of the board shoul cern be reqled fr ses uation, wit the ute ‘afepiara that ths bylaw prvison samendabe. On the ether hana the le of ‘xpniation or bys oul nse thatthe min purpose of the tt ot watered ‘dwn, by either profiting the sae of land or pemitng sony ifthe proceeds re ‘ed to buy omer and Sale of Private Property on the Trust. Provision mast be made fo far and orderly trance of on movable private property whan member fhe rsident comes ssid wo eae. So thatthe ust can cont and ue, the Dyas might provide thet {Be trsthave fst gpton onthe sl f any hous, bling or te ioroveens ‘ter methods to raafer these kings of property ace dered in Chapa Nie. however its handled, it should bese out inte bylaws ‘Adionat Ste ‘The est ofthe orarzationa strate need nat iter sgnicany fom that of any ‘ter typeof orgniztion. The but wl elect ts fies and may, further, ik larger insite han efficwncy demands empower an ent crite foe or the ust between meeting ofthe board mig be wea expel suring the ety Sige, to create an avisory board compared of thor ith oe sil eee for ‘eting up the ust and developing he community (awyer, planners, altos), De Pending onthe sae of te program there might seo be pd sas ecto 2 Bookkeeper obsess manag, and sek x»Chart 3: Internal Stvcture ofa Reglonal Land Trost offices (ofthe board) and halen of the sanding ard of Drcton Advisory Board (nembeciip made up of ere ‘nates rom various group, ‘hich mip inclde the flow Inga pe bylaw allocation) 1, resident community ees) 2 cal oginiations 3 “ide statesmen" 4 public appoints ‘Executive Committee seatChapter Six Land Selection and Acquisition {In same cases land trast wil be formed by inviuasor lous who already hold lend although the want might want to erate its holding through a0on seq tion); other groups have to faethe flat hl of land selection and sequin. “Tnischapte ouline sever way nwt new lnd might be aeauired fr cammniy land trast of sigiieat scale on 2 bss which wl at oxhast te up's Tania resources, But we sould emphaze that ome of tee approaches ar specu nd to date have not been sucesflyexploted. This dos not ean, however, Dat they should not be explored Isis important to understand that the sac of land that makes ln prices high in the United Sues ean arf erty, Vas area i the country stand une tundertse. The amount of aed inet to population fect to eae, but the stains tat ead to arti cry eat be changed ‘One of thee ination factors i the amount of and ld by the federal government In'1964, 591 percent the total United Stats and es mat owned by the gover ent: 388 pefent er 5 percent tate, and 8 percent lea. Much of Se Rage percentage owned by the federal goverment is podyatized, yt not aaa fr Socilycostuctive development on any basis Te othe aor institutional Feo" the comentinal approach to property taxation which taxes imoverens Healy and unused land lig thereby encouraging owners oho land for speculation [Anes property tx policy in two areas — Hawai and the Vigo Islands, where large tyes of and ae inthe ands lative few anny sugets that ak sll toceaing the problem of land acquisvon may become more emmon. Population resus in these wo areas hae Inerened anaes emendouy and andi aly not for Sle. Reluctance to sls based et ony on speculation mentality Bt fet on wel-fauned fear of ruinous pater of development. The ne lav a fet, shit property taxes from improvements oh and tote and sl, hs forcing Snused or underued land ito pete development onto the market. Thm ‘hould omer prices and inerese and walsbity heer Possible Sources of Community Devtapment Land Now tat pubic sttude are ening to change, there are a numberof enue the ew and trust ould explore for sgnicant wat of land that might be made 2alable 1 weloqanzed groups with eanmunity or publ apport Undersed o Misused Federal Lande. Soe of the most strate federal and tobe transfered to community development he by their. Along the estar se bourd much of Wi nd low to the mln population centers Over the pst few Years some of tha been reured to priate hands or has bean Weide a esl of Ita cutback, Smal acts ate often old quite reasonably on alse bid bass by the General Sences Adminstration. The GSA wil namally pac aya ons mal ‘ot eure Ceoamie Reseh Sec ‘Ge conten Pemdng oft fae 18 ome eave et roInglis of kes for sich ind sls for 3 sl fe (The ancy canbe contac by twephone in mot major tds). Large warts would have to be saught ough acon ered pall an letter Government Subsidized rate Land. Some private apiculturallnd which hasbeen taken ut of prouctveuse by the US. Department of Agicltre subsidy progam ‘Sida uted for community and iut development. Since this ands aes Bing “bse by public funds, asvang moral ~and perhaps eg case cold be Made {or returning ste and tote ble domain trough and st structure Ecologically Conceined Prats Owners, Owners fare tts of and may express Interest in vesting themes ofthe report of ndownerhi et dee ‘uso 4 stuf trsteehin Ofecing the land for le onthe pen market opens op the posbity of expaitve development, but arseting te land fo alan st Brevnts anata altematve.? Ir the owner retain spel oe connection wth thelnd Ica ese problem, {i deste in Chapter Fur However, thee ae several approashes 0 stablihing 2 ere Sin arangenent cos cotucive 1, Amt tm str nt 1. fconseevaton isa primary concer, the wansction could inchide covenants -*(ManPLMKGantrvaon” wus ee ben, Soecvintateeuin pte enabled fom Gelgmentandictin ane ABETSST Nee Yon Ns a) ir sate fart OSes ansep fo te 2. The cent owner might become a member of the rst oc ht be encouraged ‘ee Chas, ie Caley fe Lond tosetups wit or work wth an extngonnation tht coud 2c as Wuee of the Open Sue Penn ae Loe Lt land tres tia the pu ners ‘Sey ta te ow ose a 2. The owner could be gin part compensation for he and, Thi could be done Stoo oe conan aia rectly orn the form of a"land bond’ (se following chapter} that could provide rie? Pwhans beter salted for mlthae thm or ns hes cantmuingncome evra period of years, Such a arangemene aves the owner cetain tak advartage and inion, ges he oust Me advantage oF ‘Surin lund onencmered Wy a mariage uhich psa seston italy sangeet) Indeed ofthe seer tenes ound in this eton, working wth private owners for the etablshment of conseraton oriented and trust the one approach that has a ‘esdy ben used with some ices Sams pat ones Rave gin land fo Os pur [pose otershave bon persed fo beguath anda cansenation tt 3 ower Spprosch ut one which eliniates the peo of dealing with former owes ove ihetnue of conto ofthe nd. Tax Sale Land, On an indvidal community or mania bas, one of the more pics approaches a eabhing sland van vale property ol or noopay‘ment floral taxes Orda Land is appropriates from the owner, sold to the ight ‘ier, the tax obligation ret, and he Balaee retired tote dlinguent previous ‘owner: The town reeves tants But has no ure inven enters ne broperty solongas the new owner an pay his taxes, nou sem appropiate or the ernmunty fo exercise 2 move responsible teeth oe partly when tk tinguency ste rest of economy depend canton, The community should ehaps assume permanent tet the propery and ease ft bck tote previous owner rev owners Thin if would not nse the own added income sor aca ‘ono large areas for adminiaton by a community rs, butt would estabish 2 omtrtve precedent and provide an svenve lar he community texpres it spon- Sty ve fs onm economy and te ability of fs people to mest economic demands Indeed “Thee has sendy been at easton fr to apy the land apne to prevent ‘roffet expropriation of poor people thru the tax sal mecha, I 19%, wth ‘he auistinee othe Bek Economie Raaten Cantar of Naw ns nampreicor oration called Black Land Seva, ne. wae formed. The new corporat last Focus it main effort nthe Se sad coastal ate of South Carlina wher the et sea bt improvershed Back cammurity rapa ing expropriated throug tax sales, forecosues and a mechanism of dubious cenatttenay, “pation sles “Among its fst gol she "development of 1 mechanism where, when necssy ‘and dbl, the corporation can part nana sss 1 buy olin and a {tleemosynary capacity, either haf of Be individual owner ein te ame of ‘he community Legslatve Action. One ofthe few cae factual legative atv tht coud vest inthe vay of good bat reasonably price Ian sin Clo, unde he Re- slamaton Act of 1902.59 This ae sl on the books, poses Ua ners ceping ‘subsea water must agiee to sll any of hl feral igted Nodng in exces ot 10 acres within ten years Tough one device or aot, re lndholders ave e= ‘aed seling tel exces lands ~ andin the few instances where owners ave orecd {oil the pce ha been wo high hat thre were no Bayes sof this wrt legltion to enforce tis ws pending in Califena which would !utrze the federal gorerment to buy up al properties in elation areas ha ae Sither too big or owned by absentee The gornment would ten rel some of these lands at reanable pies an on bua tm oul fame oer tes would be ‘elie for new cts or andereloped open space. Plans to structre these ype ling use around cooperatives have aso bean Invauced, na th and rst ign ll be the mostsutable type of ageey for is pup. Sragh Purchase, The most common approach to date ~ especially for he saller local experiments that haves polities fverape and moce modest ancl 52 Sinan Gat, Rut Lin" ime 43 runiy Ceanoes (stra, Cer ‘Sonny Economie Devan a haemo es nn Cray SetiSound aya ‘ekg ave, not arm = our hating eco men. ‘it and by mvestgnog ana yin (ree st yw mah Send Seve ine ny “eves points binenibe mio How to Buy Land ‘You Kington chow ee fs, wv nai oe Ab ok th ‘nica atey eSesme Sorensen: oye Sema made no “mesure eng ora mer spine ‘you are oy aw, check Fo a fon ‘Sande tte yar ape itech serie mca Petre Ses Sian‘epee vit ta ‘ern al apie es osha pr: you sooo may {vw tems wh sos od Setar inate rk yoy ee ‘i tuner you evn ut what erate ore Ponies 19resources — hasbeen the acqulson of and tough 2 stralgh purchase vansaction $4, Reading Apptedic ceuly oe wiht 46 ‘competine price, most often fom proate omens The majority of land acquired tae a Rew Comment Tro supe byt Jewish Nationa Funds ebatned this wy. ‘ret 0, $080, nd 500) en “This approach has a pumber of probems and pial, the maior one being ofcourse, onli Be mbes ht ea tae the weighty fianeal commitment that mut be me rm he begningnabtiing ee en rote 2h tat of sigficat siz located nan economically viable ea. On the othe hand therein an important adrantae: the site can be chosen onthe a os mer or Specie community land tus objective Buying Land Choe of Site, Among facters to considered in section fa ural ad site fe Sits topography relation to projected wes (bldg. farming ets edit ‘cenit; water resources and diane rom exiting tows population contr, inane roan sting other facts might become more portant, ich asthe prox. ity of sve (transportation, recreation, et) taxes ensingstuctres (i ary: Zoning eaton to any langage urban renewal or transportation plas nd ars ‘tie environment In secting sites fora ral new town type of land trast the prchaer should be aware that yonimity to an existing town o ety uly inreases and pies But a he ame timesffords the avalability of ences tat se new community wil probably not be blo proide at est nt at fst It ao fronds the opr or balding ans nomic base Depending onthe constituency volved hese may or may nt be impor Aso, depending on the nature and goa ofthe consiuency, existing improvements on ‘he nd (building cleared an, iation fais) must be eaefuly evaluated. In seer groups imestgatng tes fra new communi tend to undervalue exiting Improvements Eventhough these might not conform to the del plan, they ae fan found abe itlwpplement wo Be aaabe ene and Wiancial resources rng ‘he etal yews LandPrices As anyone whohas “hopped for and can ats, ees vary widely depening on (2) the progaphic location and economic environmen, a 6) the Sob- ect jagnent of bon sles and buyers In the case f he former, te premium Frid for he site wil oral be esland thaugh the pester econose return th ante dred from te us ofthe and. Whether or no the pram should be ald depends onthe ovr ecomame plan ofthe ou, erating the subjective nature of quoted land prizes, we can only sy atti pre {entsaiskinh problem and can Serously couse the assessment of land vale in fe ‘ronnie or even seshei etm. Pofenional appre can sometimes be sed (0 Svartage in ths station 5 Mth th ight approach, te problem o “jumping”land pies fot avoided completly, can test be minimized, When it becomes known tha community yup or trt isin he marke for sigan sees, he word wl spread fst and quote and pies hiked. When a up of poo o minty Prope ae inlid, te reletance tolls increased and prices fortes nls, There in n0 ny anewer othe problem. Its imporcant to work with dreton and Dethaps to secur the sence ofa sympathetic broker or se asta standin, buyer On the other hand experince Nas proven a raking i a acting fst the ‘rongsollin tothe presen, Patience, comman ses, ad making herp loc cantacts re probably the most Important indies ointelignt and purchase. Rate than incde specie pie Ties or usefl experienc ats psn, we recomend pursing ame ofthe Books and cles which have been devoted wo the mbit 55 tine Boyig County Py New Ent, 1971 hae Ang Fee Pe P.O, eh hw Jean 1972 er Nedbon OtoChapter Seven: Financing Regul the ideas and goalsinvolved, mane she cil ingredient necessary itemany functions, money serves a3 mesure of value nd productivity, andra ‘eda for resourcrslloeton. Maney mates ikely to be dominant concen in ging and healing nd in wast, but fr the purposes oF hs chapter the subject ‘t"tinancing is arowed tothe problem of land seqstion and and development. {The problem of budgeting and allocating unds once the and trust hasbeen extab- lished sno: ueated i detain hispid but isa management probe that can Be fanded by repr accounting nd busiest management procedures The aipecs of fiancal minagementpeclar othe community lad wast that iva reals oe ‘ter land wer anessments ashe sure of sar and operating expense ae (Bsus a sepaate chapter) ‘Anot of warting seems appropriate at this point: because money is commonly used omeasureprductviy, the sae of produty should ot be ober nthe con lest ofthe Commun land tus The and tus oes not repteent any Kind of magic that enable: prams to dete ean economie ellis It des no in sl Iecesarly mean fe ahd. And were Bec of ts inherent institution! mate i ‘does aque and abl woofer "een, te wast wil probably al in he lang fan ifthe vars arent economically productive (hn terms tod somewhat nat ow defini ofthe em). {ako sus necessary to point out that francing might not be any spel problem in atest one specific ease thatof the sal ld wus ote toward more ce [Es establins; middle people, if thoxe ho plan to be he esidentcormaiy ‘ntinc te main their ncone base 6 members of the oaniing group have ‘he typical mle cls resources (homes, some savings onesies ee) and en nine a tidal as income, tin islf onstttes adequate fnareing Wt iia gol st serve ot tat roup. I exch Fam lide its property an the proce ar pooled, here shuld be enough money fo purchase age pared and ‘Eon nary ng nt ih rata tier etna, ‘he lind iste, might be brought unde he umes fret, reponal us) ‘But the conmunty nd st concept it of gente sgiiance in is immediate rel nce for peal youps, sah as ethnic inary groups and lowincome poole, spec Sly the working poor who under present conditon anna obam decent hous ietthy enronment The most irmedtatlyfeasile land Wests adaresing ns prob lem sndthore reqiing some frm of pei outsie Trancing~ inclu the flow 1. large, ualtowm planed for mixed income ees; ehonje ings = tights rowine Senet en yy Sermo Fo 4“2. low-technlogy,semisubustence ural community wih minimal nalvement i $7 “IeMa'sPat Mees Future” tae 49 the rer economy ies Se 12 3. postindusia boratoy, such asthe experiment proposed for a vlage in Maine, wit complete ecyting of wists, nanpalating energy prodoton high percentage toad imernaly produced ee, $7 5. saute site urban housing fer poor peopl “Te people who can nei the mos from the community and tr are alo those soups that wil probably hee a hare ime ging mance under ay conventional land acqitionsrangements Ths conieraton not only pote the moral arma ‘of whether such gaups sould be gen fe lad, but ao dca Investigation of ‘ther longer ean financing posites 8 wel as methods a nating Improvements Financing Land Acquiton: Curent Choes Portions of the flowing matraleaing ith and acguston ae appleble eimay tothe types of large cle and rst experiments sgt above Te section on Finacing merovements, onthe other hand eleva to esl land UUs x ferment tl since eojets on any seal rly onthe lsing bis of tear st Principle for maintaining intra nunca sn). Land Gifts. In nda, the owing Gruman movement based on te “and ger Willage i" concep hasan economle round Inthe Uited State, on te other andstand gta most oftn made inthe nent of peering land for ersereaton burps. With the pope kindof encoragenent, elgnment of a avs and row Ingsocialconsclousner, and gis for communty developers (urban and rural sy Be ortharngin the United States. Even withou the forgoing conditions, the com ‘munity land tust key to rece it and beeaue ta nonproft, quasi public Spaniation with social consructve goals — and parculary ontbtions ti ‘re tx deguctable. Although such git lind an be ver tlable tet to the ew and trust the necesito and use planning may rege purchases of other paras since fre ard Sovten ess aestabe Hom the standpoint of economic development and ‘woul nod 10 be supplemented, Grants and Other Gifts. Gifts nd grants in the frm of finan cantibatans ae moe ely than gt and and aso perhapa more desl since the tt wl hen {rable to elect the land that mos early mess is neds Contributions fom inde ‘ius may welbe inact n the ene of New Commons, Ine ween cetain hanprofit groups ofeed want money and money to guratee ons Substantial ant ‘money Infact, often salable rom foundations, and destin urdraingetfort Toward the Foundations tradtionaly the more effective approach,Key to abtsning foundation mone sa well-developed plan that adresses basic social economic robles, pruaie and competent spokesmen (60h gastoot and ‘secant, anda propery witten funding propa Heres another reason to ean ‘isting arizona aust sinc such orpnsntions are likey to have the exer ‘ce and contacts at will make gant money mote ready accesible Grants from governmental agencies at al eves (uncial, sate, federal) sould be investigates Rowever, sch species moe often provide los money and fading for ‘lanninganidevelopnen Inte eae of New Communities, ne, a smal federal gant ‘ras oblined fr planning. A second gant fr talp in developmen wat approved 3 {he federal Wve, but then vetoed by te sate. Socal Investment (Lean) Funds. Churches, some foundations, and some ndvduals fie significant poten supporters of lnd scan by comunity and ust ‘youps Suc oan wl customarily be cuted bya not, by guarantees (clatral) [mised invidal other groups, or bythe and whch is purcased cond nd third orsgge). The typer of ealtral that maybe valle to guarantee ans include banc books, aeotisle bonds r eter securitand tile to nd owned fre Ed cleat by the guantn Although We varius church denominations would sem to be the mot fui source for socal ivestment ons, ther often felt in reeasing these unds. This som nat only em the conservative matte of hase respon for handing Cre inves tment ands many ofthe denominations, but abo fom the fact that mest states have "Srudent investment ave tat fore chuches and iar oration to keep 2 ‘ater lige proportion of ter vestments nelly secre bonds and tock Nevertheless Ian should not bo allowed to dacourage tone eelng hutch r- vestnet many. Testes who By thei nate would prefer ATT or munis to Tana tus wil perhaps end to exaggerate the estction under such a, Mt. ‘churches acu have a geat deal of unrestricted investment ctl wel funds Subject to seh as For those and uusts hat sek to seve peimaty advantaged groups itis ikl hat ‘he sail iestret fonds of churches and foundstons, wi ter owing por, ‘nl become more spice nthe utr These finde may be svaabe ower han Conventional Fist Martgge, This conventional approach to land financing ~ sing bank, insurance compames or other ending institudons soften succes, espe ally ithereare cree backup guarantees, Unions, pension funds and sim sures ‘ight la te investigated Some banks are reluctant fo mortage ve and without ony Improvements, which ca ead ommaniy land tus to choose improved and ene, unimprovedland. theres aeady a morgage on the Land being purchased, often an be asuned (as was tre for New Carma, neFinancing Land Cos from Rena lacome._ Whenever investment money swe to purchase land, it ay be neces fo, neff, ance hat heme (both nees {nd inci out of entas eared for ws of tat and There whether the land ispurchsed by lowsntrest or moines scl investment money or trough rar ‘nsitutiona channels. The ony ference the amour ofthe burden an he peed which iru be paid oft Financing Land Acquistion: Methods To elnvestinted ‘National Land Use Policy. Oreo the best longrarge sss fe easing he probe emo and inancingis a atonal plcy toward tat end. Sees pants and ta fe ‘forms ott the economy ns mae aver dietion les sweeping progr could rake present owned federal lands avalale so ont or mia cot fu url pew towns based onthe comma land ust oneept. Such progam ight sso nlode ‘exchanges of federal or private and Secures in Pace of Moras. secures awed wo replce morgage in franc: Inga ane trust, ts woud nce te and ol cambrancs and act the devo: ‘mest of howingand perhaps industry. Given the social ffimative nate of the $8 The Onpartany Funding Corman, ‘community land inst, possible the Federal government could be perused Wann. hate eestor ‘rane the nds (debenture) of ind west making thom more salable. Ancthee oi eran csbied wt Sours for sich guarantors right be goverment funded ps copra wach rng em ea ORO own ‘ihe Opportunity Funding Cerpraton3® Prnte prance mip mason, bs: Serax nea ee ome shale rm seo te rg funds Sono ies ‘Unsecured notes have ben ued to finance a least one and trust, New Communi) “rus, whieh aed about $15,000 trough te se of 12 percent seu ots fo balp purchase its am property in New Hane Itret being pad on es notes ‘onan annual bass The memorandum deseroing New Community rast nd the notes Isinloded as Append ‘Adee inseument in the form of a debentre or bond deine ike the US. Stes € bon cl seem to be espeally sabe to he land trust payments on pnp 2d terest are dered fr feo en yet, tus amonng the heavy Darden of de ‘repayment ring the ex years when the tas and tees in alatly weak Poon and ned al oft esoures or development. Legislative (Special Tae) Proposals._In the ftw, sigeant funds might Become ata thous speci tne, salogvet the ghey rst ind. Te tr precedent (of sors) since the source ofthe ak inked del foisue: the gao- Fe ax ued to bus more race ‘There hae been several propos to crete socal state aks establish funds that wl be used to set the ecole pice of development cr technogy. Vermont in 1972 enacted the ations st ax on nteturable eanainrs, the proceed 10 Be‘sed to deep better meth of ciosing of slid wastes by municipalities and for reseurch on more ect ncyclng methods. So fr tere hasbeen nothicg aut this concrete inthe way of taxbased funds for [and banks or lnd Wurst thre have bee various suggstlons and people intrest ‘edn better ind stiaationesn sport nore seking to tana the sgpesios into leglatne action, Whethor snot tne ar eslablshed with proceeds avalabl tof ance community land ess, he effect thin the edveatonl and pital sess ‘anno! help bt be eat. ‘One sted approach tothe land financing problem ito tax convention and ‘developers: Repless of what they 6 to land, a percentage of he pris — ar of ‘hi operating capital shuld be used to eabin and banks rater tet an to be developed in ealogially sound ways. One group o landscape architets has no fice the concep of *Dstucton Value" whereby, from an ecloga standpon all te features of ever squire Foot of an (olan, wife, water esutes, et) can {nd shouldbe mesured in conamic terms, When 1 develope imiats these fetus {trough “improving” the land by caring excavating dredge should pay to» publi body "destruction Sealy" ual fo the appaied eaogial cost of his deve ‘pment. These funds woldthen be wid “only to amiss programs for land cau Sten, protection, and the development, management and malntenanc of greens, parked, wetland arin}, sorlands (beaches), fate ving reson, ee” The Toga recipient of such fons partiuarty tose for "ture ving reserves" ~ should benland wus of me sot Inflation rotected Debt nsrumen. Since landowners often see ind becae appease sale, naion rot invesnen, an nfatn-root debenture ~ cen fst mortgage ~ mightappea to potential and salle. (This typeof rsuument isnot nem de and hn been ined to some extent in ae) This approach weal {irange mutually scapate method of determining the tion rat, and the per ‘entageofspven year nfaon would te added each yea tothe cemaiig nc bal The “nation cover could be substituted for the nar ate, could be ‘red in addition tos reste low interest ate. Sore tata ines rg mind finan ar arent ate he Index") conincous nongovemmenta statistical progam designed specially 10 Cult the “inflation rage” needed fer sch debentures anther possibly sng te proceds rom shan offering to aur land whic wl never be al for speculative gun wes parlaryappronat. Each arty ges up something” the {and wus pes up speculate gan on ts an te esto accepts ower etn on Inco tan e migt preaches. And each party asthe and trust ge $9 Renew. arse, How twChune 52 Deyn phe Envronment etn ‘hey Caney Neectire rey or aed 1 The nnn nde aia Statin patel tpn Eelower caring oss on its dbs; the investor pins thescaiy of inflaton protection Thus here iss degee of equ inthe stance of both partes Financing Improvements Because tiling on or otherwise developing sed land snot the exstomary method for private indigo or noprofit gnats and becatse neste pat not [ovement loan agence are aways fais with how his done fd ers may Tic have dficuly btalnng development tans Af al hey cane oer he tind caller “There a, however, precedents 0 this type of development rae indestry and ammete have no preblem nba ost ance the constuction of bullings ‘rplanson leased land ~ land often owned by religous or educational institutions. Butitremas tobe seen community development corporation, composed of and forthe oveitof the poor or minetygoups, wl be considered 3 "reaible sk" For inva extabishng terse in community land rs he Bestway !rcund ths problem wl neal be a arangerent led “subordinsting the ne ‘tin the ease in aor ofthe ceditor This procedure has ban approved by the Federal Hetsing Adminstration sl by inks the United Staten When deve ‘opments cooperative can be aged tha seasty eater thn inte case of Iuiiduis sine the rk ssibuted arom a those ote 2 When is oesen That nd ues might want to nance housing other development by suberiraing loureiro re at aks rv yn a Housing Pogeams. Majo funding fr housing onthe communi fan ast comes Ud HUD (Housing and Urban Development) 235-36 pow, an programs “ponsred bythe Farmers Home Aaminuation (EMA). Cooperate housing Fousing projet with he sponsorship ofa nonprofit organization, canbe inanced Under hese promams tates wll low the markt (ow a ne pee) me ‘ver inthe case oF HUD programs, rent supplements ae stable fo fanles whose incom is below certain giles HUD progam are desired fr rately largescale developments of 100 unis oF ‘ore FmHA programs arwialy 2b eae to take adage of fa, sch pro [game may wel be the only ones abe ra aes and for mancing singe tam "iy dling A numberof tates aso have agunces to provide lowntrest leas fo owing deine or midland ow incor ppl. Mortaaping to Lene: Bryn Gueled Model. Home bing at Bryn Gweled Home ‘teideas ben financed unger mortgage srangment Between x onvenieal bank Sth lees sopplomented by varius aida and arate. Thee provide or s Ene ram #25908 (cn IRV For Feeeeee neste tua ote oetthe flowing: in the event of deft, the st corporation woul gree to relinguh 62 Een ang as of marten how $4 Iie to theese and there sa freloure Bt to prevent foreclsur,thebank”foncnay it pve aun ‘woul ge the tus corporation chance tomake the dlinguentpeyment- Te ese Ren ni hak hinge i cen ‘would make a commitment tothe tus corpiration fo be able for any payments he MeN Sette wl no ay poration histo make tothe ano lear default on te mortgage. (The text of ac arntae ae ‘document used for hs purpose Bry Guede inladed 3 Appendix 3) (conzming stag ind ta Borowing on Blof Lesee. Ine above arangennt, the Wists the a ‘ene sn spon for he morgage ligation wants io prevent os othe and_ $n Ben ete tw Rober inthe cena deta) rom th aangenet is not alge sey er the st {oe the borrower and rend te nney tthe shold The sts nena 6 Comet Han einen Fad 75 tangent wih he aed rpt be cose see, although any equity Seated, Conn ui {ct oar tat he ee puts ino he ang mht represent form ory ‘Anartangeent iar to sin princi len ned on ova Knd ot expert avang plc i, themecy open hang ie rows th ‘nome ins own name ae hen end it to nl aving homes ih he proc Mortage 2 Jeopardy. All schemes to mrtgge and to nance improvements Shoal be coniered dangerous by those concerned with the langcange ser of theland within the land tus fight of thicncar, ranting temporary tie ‘make pucels mortgamable would not horocimmended ©! Such encumbrances en Land are sity avoided by the Jewish National Fund. Shimon Bonsemes, he ‘rector offers the fllowingpecaton: {Wis seni co prevent the mortgaging ofthe tle to the lands at are ‘owned bythe rast even despite the cr ead for lane an the neces (oF using lands to uaantee the lands Others, havo can be causa fo ‘he underving pencils of the trust Fy te caso the tanacons of the INF, theres foom only for 2 anting hare sine provision for avery Tried period of tine, ad certsiny ne for morgage on te rsa "igs ofthe Fund Te indidul who wishes to devsop the and can ony ‘morgage hs leasesghts and noting ee. Second Morigaelavestment Pool. Insitutions investors ad private indivi’ shoul be witing to participate in 2 "Second mortgage pot help ees finance Ihomebuldinga ober inprorerens Although te ad cannot be ed fo care sch loans the sk to any invidu iver spread scrote tot numberof borrowers ram te als Aance wich investment oud be svlable ven om sally ‘ncommited partes ata moderne ners ra ‘An example ofthe use of such ivestmentntrament to estaba poof second ‘mortgage money Is he Connecticut Howinginvestment Fund (CHIE) In throsa, bonds ate solo oth rviduas ad insttonalivestns at lately ow ates o interest, backed by the seuiy of te pool of home buyers and also by ‘foundation grants). pal ite CHIF nat a ely prospect fe fancing and trast today. However, one fll operation, with aac ecord of repayment and 2 ‘wowing number of pease using the and, alan wus might be attractive Yo “had Pon suns neh inate carps np ata mie Commurity Betterment. For some communis, such 22 url new town, one of the more sient expenses incuned before nd an be given ort nil oF aoperatve srs resis om ponding facies sch a os, mate, ad power. Tey be desable to see local or sate agencies toasame some sponsor the planning financing, snd the seul constuction o thee facies Local agencies {roid sr tooth elena knowledge and egspment needed forthe com Suction of ead, rane facts, or water conto supply ster hat might Irwove dams. Some ows and sate peels Mul ene fe chr fo eo The community might alo be ale ost for Federal hep under te New Com ruts Section ofthe Housing Act of 1969 which contains provi for federal {Baran forthe eat ofthese type of improvement In ain, the Farmers Home ‘amination provides fds fortis pargose tn ual ares. The peng Rural Development Act pase, wil ierease he amcunt of dale on he fae level ‘Sopmant i ary pars stat 6 ees ‘ti in vw sor lop Se Tooele BesChapter Eight: Land Use and Social Planning ‘The fu of planning within the context of the community lng ust rvois pr Imani eaund the sever planning eas and use, st, and Sela) andesporlity fr ther Because there wl be comity prtipaton inthe planing process, sme {peal considerations should be emphasized Fist planing eannot be viewed simpy ‘Sr onetime effort to cteate a dea, a ap fe and Ue, But must Be Understood 3 2 ongong process of decion making ts always important allow forthe pss ‘ly tat change i plans maybe desired at sme me nthe Ture — an een rineplen planning for human institutions 5 wel a5 planing for sees, housing, [nde Second, and uses os wl a utes wil probly wit cll Upon po Fesona planer for advice but ro for decisionmaking Land Us and Site Paning [Asus of the land, he community land ust willbe cancerned primary with ng princes o ude the ulation of and ante resourct in the long range public imerst The key mechanism thru which twill exercises responsiblity for [Brus paningt te istrument ofthe lee contact which i draws tp cone: tion wit a local our representing users potenal ues, Te arcs of eraniza {ion af he wus spell cu the broad paramets win whic choles ate a¥alabe to the wen (For example, stunt whos charter states tf and tobe wed pri liyfor pe reetemert of poor fais obo cannot allocste moj land cesaures ‘rconmrestin) The lease contacts made in ecordance wih he rst hare might also state certain esetins onthe eof mineral zh ol esau, proMie sub leaing ibd dtine rules of tertance an exchange. How fa the rast goin the direction ofthe more detailed “sit panning” wit prob ably depend upon the specifi ctcumstances. Uses of he an in al ietiood al Performthe decionmakingin areas not covered by the charter of he and st and {release contracts perhaps wih the help of profesionas Inthe as of sual new ‘own of ignifieant ale, ind use and aloston may be planned by profesional ‘working lth prospect rsdens Tho result might bea pan such cha ofthe ‘most tl shou blows The opal design sor inane a 9m ByNewCommunites, ne} The Planing Process at an Altemative to Zoning Practices Unies the community canbe chartered by the sats amunicialiy, the and ruse Danning proces wl have Yo operate within te real fame work ofthe les zoning Feauetent The planting proces ofthe community land tst embraces the sae {ls os sonentiana zoning Tar md raion land we, However, soa sets ‘reste dos, the nwa planning administered by the sts through the ee onratoffrsanstrative temtve tothe commonly misused zoning power of ‘dimen town(ne ofthe two maior problems with zoning as commonly practiced is shat is often Usd for exclusionary purposes For example in some ly rset owns in Massachusetts two aes suggested she minimum hows tte, With Buble land common aed at $7,000 or moe an are, this Yoring provision serves a9 ‘fective bara ol but he reatiey ave. “Zoning bylaws, frthermore are vulnerable t the polit intuence of property ‘owners seeking to eaharee tel own propery salut at the expense of the ovr Community (o tein). Zaring cam interfere with fee market forest eeaing 0 "cal supply and demand condition that often sem to work tothe Donefit of xing owners and sane the ls avon sakng fo ete the ea dnote planners se now wll ae tat rng sould be cons deed wth the franewark af a entte mevoplitan aes the comes ghetto and fin ub ae two sides ofthe same con separate, but dcty rated. Zoning delsons inthe Suburbs se mae to enhance property vales for omer; toning Secon in he (Beto have smo economic mv rts tonal deeper crate ‘Raman igh of he people stectedby the decsons, One way to neta sich cso sto atsob the value increment tough txaton anothers thrugh a er 198 feponal and st that an do sown planing ad smote likly to be able to acid tho problem of palit infuene yp te planning or Zoning unetion. Tere eno baat ands subject to unemed ale cremens fom community dvlopmen Base and use apd alcations ae wsulated rom pressures by land ses Bee hey hve been writen into the rst bylaws and ese contract, Planning in Existing Land Tests Jewih National Fand, “The Jewish National Fund maintains 3 planning division of Profesional and use planners and whiter ts wove funtion ita develop deta lant forech grap of les and work cosly with chem nthe eat planing hase. The acital development work (he, Implementation of he pan Is ormally theresponility ofthe lee proup and contractors hres by hat Np. New Commi Inc._In the cate of New Commit, Inc, he member ofthe board of directors have fem the bepning ben committed to 3 planing process ‘nich sures maximum parelpation im deesonmaking bythe poten an 33 thers of the and “The board wil incase its membership ers ofthe Lind ncuding pre sentlandowners and nonowners and representatives of soap ori ton and that the boar wl selet and ie tne noeuary expe ho ‘yin consltaton wit he wes of he an, submit plans pertaining Theproductve and wesnomic ue a the and. cone in acetion of ans ‘occurs, he wil fe osar ofthe land al prevaGood planning willbe osly gered to 58 ‘tra ling eres cone, HanaSoca Panning Socal planning is based onthe obvious (but often nected) fact hat 2 community is people rot merely houses and sees We aed tobe reminded of ths fact bea ten a mid 20h camry Arava planing hough of purely phyla erm. Socal planning includes not only he provision of ences such s schools, medical ‘ae and opprtunities for ecreton but, mare inportny, iv encemed withthe human ses at relate othe purposes and geal ofthe wst and of ie residents. Thos it means estublhing the principles and eriera whereby residents il be sl edeteating the forma stctures whereby the commurty wil be goterned, dean ‘eosin which apres between teams igh be aujudeated and temp ‘raw te fiat tine between public ane private needs. In the sons sugested here, sca planning ia pli proces, lated to but not ‘sservient opie planning As function of the community, seal planning ny anny the work of the exper Ie rows and becomes more complex =Chapter Nine: Utilizing The Land A pencipal challenge forthe ognize ofa commonity land rusts the establish ‘muntoffand se plice, The our and wie anceps must be ated wo Com {rete bylaw proniins that wll minimize restrictions Upon lang wr allowing Aextiy in aevelopment) andyet ensure thatthe wusterty pnp In conection vith te and upel. Land Ptces Sublesing. A majo purpose of the and sts to lp make and walabe to those ‘who want io use itad to prevent he sishoning fo neared income by absentee Tondo. Fe hs ete, the ndicua leaeolr wl early be pried from ‘bleating, When a roup sich ss owing eo-pleses ad rom the at, however ‘il ofcourse subeze to india So the late contrat between te tus snd the Coop must pone tat indivi eting fom the covp enol sible “The cost of holland with the land tut should normaly be ower than atid, Specally ever along period of ime. There wil ean impulse, therefore, frees ‘tempt to profterrom tis ier andstongsafegarés mut be establahed Res of Land by te Trust. In ger land once taken out of private hands and placed in wstethip should veer be reured to the speculative marktpae, Indeed, {hs fone of he major aoa othe and trot conepe Oceana, nthe terest ot ineesing total tustmeageo” consolidating smaller pares nls, more Economically viable vac lane might be sold ~ especialy sal parcels ofp land Inthe later irsane, wast rizr should minimize te chance of and bing old fe priate gan through several provision inthe ty whim spec tat and ean te sold but he proceed at tae use for and purchases that wl Bel by the ‘Wost and tat ay land sae proposal mst be approved by atleast ave fourths lority vot of the board af Enters, Use ofthe Holding. A major euiremen ofthe las specifies tat the lndholer ‘te the and peroly and ccapy the heing hereby precuding i use by other, {ane fees hms nit he rary sd ene pe sshd ol ee, (nthe aver hand thease shold pant hin maximum eedom to deel the land scoring this neadh~as on hey conor to he ovr pal fhe and tt nd do nt inings onthe righ of others the communi. tight be wise tase oti the bylaws i iitation on absence from the an holding by dhe less: a month sx months, oF een ayer Perhaps the uses should be notified of amences of mort han one mont ‘The ease contrat should also state specifically thatthe lsc does mot hae the right ta exploit resauress on or benesth the nd, cha mineral ol o saa natn, ‘pending on te oly and oerlecanomy of he and ts, he esse may bernevicted in is ute of erin variable or vr tenewabe resources such wate and 6 Uimber Any acu by tolesce hat might damage end Isa — ersion, ‘oral of opel or eating tees or bling shouldbe elated a oben, (Ser tne lease contact used by de Jewish Navona Fund, Appendix 2). Leasing to nial, Groups. A community lind trast may eae single nd ‘cr tongue ndhave asoparts lee contact th eth, oo poops or 3 ‘ambition ofboth, Leasing to incviduls maybe racial fo smaller uss but can present pblen of management athe case of are ral new town, for example ‘Group ese canbe ajuted ta variety of condos say the iting needs ‘fhe naval member ofthe groups hang the lease. For example, wat uit 1 fr farming might be eased to cooperate te members of wich plan to Seuleon another pat of the rest’ and. These sume meer might et Up a separate Fotting cooperate to lease the and on whch they wl ve and he Rousing cooper tive coil be pen To members who ate not mending farm, Each ndidual would hve an agement wit she hosing coopuatie fr te and plot and hows he oc plod, The provisions ofthe lene peers between the oung cooperate andthe {raids members wil be sbject to he conditions and prvsons ofthe oe Tene contract betwen the and stand the houting cooperative Commercial or Industrial Development. Ac mentioned ea, one of he ew ees ‘where sblessing may be permite sha of cooperative organizations or indies. ‘community developmen corporation can be sed to sland between the sees {Pal the undusig oprzations ~ especly f ealig wits args and wus Tere an be sng em Setween the CDC and the tt, with Be CDC extending ub fess org zations or ndstal enterprises required It fat, more. ‘oprprate a wll as mor licen Tor loc intrest ganization (uch 2 {he COC) to astme the responsibly for and use and for uading against una torre bsg. “The Lease Contac (Land Ony) ‘The lease cana eg sumer a es oe EOF the and st concep. Te shoud inte al te provisions necessary fo protect as mucha posible the see (tenant and iso and tt inthe ters ofthe land ie Sever eases 88 by land rants ae inloed appendices, Purpose ofthe Lease. The purpow ofthe lease, which provides the overal contest Inwhth the vats specie proninan wl be included shoul be sated i he ese Contact: what the lan to be used for an apc eas, for example, te Sretrlpurpoe pled out and thus bacoes iting ator in thew ofthe Ilding The same would be re for industry, commerca property, or land for com ‘nity bung, In his way the lease ecare n istruent Tor planning and no ‘ther ep controlling mea, suchas soning ordinances, ae require.‘Should the community or nd tat decide 2 some plnt wo change he and use @ (with democrat safepars protecting tele), the lace could be revoked snd the lessee compensated forhsnonmovable improvements onthe andy accor into tel assessed lu se beiow, Transfer of Property Owner). This pred Scud be ‘at, however, with frsig and valid conepta panting by th epniers he ‘rial purposes and golf the ust would be peered: When Ind se to be ‘hanged though reroeaios of atese i would hopeful be acomplhed under ‘ornsun by ll concerned inlding the lente The tune wl poly bese Up so that his can be accomplste, but wl generally avid exetclaing i utte Length and Renewal Proviion. Laue to individuals wl arly be loner lest; to commercial or eve organizations they may be shorter longterm, The lena ofthe lease isa crt pontin for nds or loupe who hive invested ‘tlderable resources inland development and property extemal, such a family that is establishing indie! homestead 4 oup thts Seking to