Privately Owned Public Space: The New York City Experience, 2000 (John Wiley & Sons, Inc.)
Jerold S. Kayden

As cities around the world seek new ways to improve their physical, social, and economic environments, they are paying greater attention to the value of public space. Provision of new plazas and parks, reclamation of existing waterfronts, and beautification of public streets are all increasingly viewed as important strategies for enhancing the quality of urban living. With scarce public dollars available, cities are teaming with the private sector in innovative public-private partnerships to fund these approaches.

One of the most significant public-private partnerships to obtain urban public space has been pioneered in New York City under the rubric of privately owned public space. Since 1961, hundreds of office and residential towers have received zoning floor area bonuses to encourage the provision of a wide variety of outdoor and indoor spaces — plazas, arcades, atriums — that are legally required to be open and accessable to the public. At their best, these spaces marry aesthetics with function, offering unique physical and social environments within a densely packed urban center. At their worst, they are barren, unusable surfaces or privatized-by-management spaces that diminish the spirit underlying the laws that created them.

Until now, comprehensive, systematic knowledge about this vast collection of public spaces has not existed, either for experts or members of the public. To remedy this gap, Harvard University professor Jerold S. Kayden, The New York City Department of City Planning, and The Municipal Art Society of New York have joined forces to research and write Privately Owned Public Space: The New York City Experience. Through words, photographs, scaled site plans, maps, and analysis of newly assembled data, they examine the history, law, design, and use of the city's privately owned public spaces. Each of the more than 500 spaces is individually discussed to provide far-reaching comparative information about this unique category of public space.

In reading this book, designers, planners, lawyers, and academics will gain greater understanding about the possibilities and problems inherent in the design, management, and enforcement of privately owned public space. Public officials, private owners and civic group representatives will learn more about their roles in ensuring public access and vitality of such spaces. Individuals will discover where New York City's public spaces are located and what amenities they offer. Everyone will comprehend more completely the contribution that privately owned public space can make toward open and attractive cities in which all individuals have access to a diversity of public places.

A Guide to Land Auctions in Ukraine, 1995 (PADCO/USAID)
Jerold S. Kayden, Alex Gamota, Uladimir Nosik

Contents

Forewords

Mayor Evgeni Kushnaryov
Chairman Volodymyr Gusakov
Chairman Pavlo Gaidutsky
Ambassador William Green Miller

Introduction

Chapter 1: An Overview of Land Auctions in Ukraine
Chapter 2: A Step-By-Step Approach for Holding a Land Auction

Annexes

Annex 1: Land Auction Model Legal Documents
Annex 2: Other Land Auction Model Documents
Annex 3: Land Parcel Selection Criteria
Annex 4: Land Parcel Appraisal Techniques
Annex 5: The Competitive Tender/Request For Proposal Method
Annex 6: Excerpts From Relevant National Laws
Annex 7: Land Auction Results For 1994

Acknowledgments

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Landmark Justice: The Influence of William J. Brennan on America's Communities, 1989 (The Preservation Press)
Jerold S. Kayden and Charles M. Haar

Contents

Part I

STRIKING THE ELUSIVE BALANCE BETWEEN PRIVATE AND PUBLIC RIGHTS

Chapter 1: DEFINING A LAND USE JURISPRUDENCE

Chapter 2: EARLY EXPLORATIONS IN NEW JERSEY

Chapter 3: LATER VIEWS FROM WASHINGTON

Part II

THE STATE COURT YEARS: 1949 TO 1956

Chapter 4: THE CENTRALITY OF SOUND LAND USE PLANNING

• The Shopping Center Case
• The Orange Plan Case
• The Palisades Case
• The Bank Case
• The Boarding House Case

Chapter 5: THE THREAT OF LAND USE EXCEPTIONS

• The Garden Apartments Case
• The Machine Shop Case
• The Quarry Case
• The Manure Barn Case

Chapter 6: DISCRETION, COMPETITION AND PUBLIC USE

• The Auction Store Case
• The New Jersey Billboard Case
• The Parking Garage Case
• The Amusement Park Case

Part III

THE SUPREME COURT YEARS: 1956 TO PRESENT

Chapter 7: CHOOSING WHERE AND HOW TO LIVE

• The Exclusionary Zoning Case
• The Grandmother Case

Chapter 8: AESTHETICS AND FREEDOM OF SPEECH

• The Billboards Revisited Case
• The Campaign Posters Case
• The Erogenous Zoning Case

Chapter 9: PRIVATE PROPERTY, PRESERVATION AND PUBLIC POLICY

• The Grand Central Terminal Case
• The Nuclear Power Plant Case
• The Beach House Case

Conclusion: A RIGHTFUL PLACE FOR LAND USE JURISPRUDENCE

NOTES

BIBLIOGRAPHY OF WILLIAM J. BRENNAN, JR.

TABLE OF LAND USE OPINIONS

INDEX

AUTHORS

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Zoning and the American Dream, 1989 (Planners Press)
Jerold S. Kayden (ed. with Charles M. Haar)

Contents

Preface

Foreword: Zoning at Sixty-A Time for Anniversary Reckoning
Charles M. Haar and Jerold S. Kayden

Part I. The Historical Setting

• The Office File Box-Emanations from the Battlefield Arthur V. N. Brooks
• Professors, Reformers, Bureaucrats, and Cronies: The Players inEuclid v. Ambler
  William M. Randle

Part II. Zoning Applied (Misapplied): An Experiment in Social and Physical Order

• Arenas of Conflict: Zoning and Land Use Reform in Critical Political-Economic Perspective
  Joe R. Feagin
• Expulsive Zoning: The Inequitable Legacy of Euclid
  Yale Rabin
• Planning and Zoning
  Peter L. Abeles
• Euclid and the Environment
  Earl Finbar Murphy
• Legislating Aesthetics: The Role of Zoning in Designing Cities
  Michael Kwartler

Part III. Zoning and the Courts: A Steady Legal Legacy?

• Judges as Planners: Limited or General Partners?
  Jerold S. Kayden
• The Prescience and Centrality of Euclid v. Ambler
  Michael Allan Wolf
• Euclid's Lochnerian Legacy
  Robert A. Williams, Jr.

Part IV. Zoning and Economics: Are They Compatible?

• Zoning Myth and Practicc From Euclid into the Future
  Robert H. Nelson
• Zoning and Land Use Planning: An Economic Perspective
  William C. Wheaton

Part V. Anticipating the Future

• Reflections on Euclid: Social Contract and Private Purpose
  Charles M. Haar

Appendix: Village of Euclid v. Ambler Realty Company

Index