Topic: Planificación urbana y regional

Ethics, Business, and Land

David C. Lincoln, Noviembre 1, 1996

My father John C. Lincoln (1866-1959) had a strong code of ethics that played a prominent role in both his practice of business and his ideas about land. In 1895 he founded the Lincoln Electric Company of Cleveland, Ohio, which became the world’s leading manufacturer of arc welding equipment. He drew his ideas about land from the 1879 book Progress and Poverty, by the American political economist and social philosopher Henry George.

My father’s core ethical principle was to treat people as you would like to be treated. This implied the following precepts:

1) Treat people with absolute fairness. This means all people. In business it includes all the constituents of a company—employees, customers, owners, and the community. In society it means government must treat individuals fairly, and vice versa.

2) Whoever creates something should be entitled to keep it. Receiving the fruits of someone else’s labor—a windfall—often occurs. But for each windfall there is a wipeout—someone doesn’t get all he or she produced. Both the windfall and the wipeout are unethical.

3) People are important. They should be treated with respect and dignity, not as machines or cogs in a wheel.

Ethics in Business

Largely as a result of following these principles, the Lincoln Electric Company has demonstrated superior performance for its entire 100-year history. Many things have to happen to run a business ethically. One of them is making an adequate profit, which benefits the shareholders. But in my opinion, any company and all its constituents are better served if the customer comes first.

At Lincoln Electric, most employees are on piece work. If they produce more, they get more. The company has an annual bonus program, and the kitty for this bonus is composed of the extra profit beyond the returns required to run the business. Running the business includes providing a fair but not excessive dividend to shareholders and investing in new products and production methods. Beyond these costs, employees at Lincoln Electric get to keep any extra profit they produce. Recently bonuses have been about 50 to 60 percent of annual salaries. There are no windfalls, and no wipeouts.

Nowadays, manufacturing is no longer as much the “thing” as it once was. Making Lincoln Electric a successful global company requires more emphasis on company-wide teams. Individual pay is more dependent upon cooperation across departmental lines. This can work just as well as more individual programs of the past, but it is more difficult to manage. Incentives must be tailored to each location where we operate.

Ethics in Land

The heritage of the Lincoln Institute of Land Policy stems from my father’s interest in the ideas of Henry George, especially the land value tax. The ethics of this tax concept are parallel to those used at Lincoln Electric.

Someone who works the land should be entitled to keep the fruits of his labor. If he produces more because of increased skill or effort, he should reap a higher reward. However, Henry George said that land is a natural monopoly. Its value is largely created by things unrelated to the actions of the land’s owner, such as population pressure or mineral deposits. The landowner or user has nothing to do with these factors, yet if they cause the land value to increase, the owner gets a windfall.

This ethical dilemma disturbed my father, as it disturbs me. He subscribed to the remedy proposed by Henry George, which is to take as a tax each year the full rental value of land produced by natural or social factors. This would eliminate the windfall. It would still leave for landowners and users the value created by their own investments and labor.

A hundred years ago land was considered one of the three factors of production, along with labor and capital. Land was essential as both a place to work and a source of raw materials. Things are more complex today. A great deal of the economy has to do with telecommunications and computer software, which allow businesses to locate anywhere and use few or inexpensive natural resources. These changes may not negate the basic economic theories of Henry George’s time, but they do make it a bit more difficult to analyze the role of land in the economy.

There are many positive illustrations that ethical business practices lead to economic success. Unfortunately, there are not clearcut illustrations showing that land value taxation produces broad economic benefits. Nevertheless, economic research suggests that land value taxation could encourage the productive and careful use of land. Individuals who used the land in ways that increased its production would be able to keep the full value they had created, and society would keep the value it created.

I believe ethical practices will benefit all sides in any transaction. Ethical land taxation should lead to an improved economy, just as ethical business practices lead to more successful companies. One should get to keep the fruits of one’s labor, but the fruits of speculation or monopolies should accrue to the community as a whole, not to individuals as windfalls. Both the private sector and the public sector would benefit. Good ethics is good business. Good ethics is good for society as well as the economy.

___________________

David C. Lincoln, president of the Lincoln Foundation and former chairman of the Lincoln Institute, presented the annual Founder’s Day lecture on August 1 at Lincoln House. He had served as chairman for the Institute’s first 22 years before stepping down in May 1996. His talk, excerpted here in part, commemorated the 130th anniversary of the birth of his father, John Cromwell Lincoln, the Cleveland, Ohio, industrialist who founded the Lincoln Foundation in 1947.

Reviving Environmental Regionalism

Charles H. W. Foster, Octubre 1, 2002

Throughout North America, there is a growing trend to approach land use, natural resources and environmental problems on a regional basis. Since existing government agencies often lack broad authority, local and environmental leaders are increasingly taking the initiative to address the social, economic and environmental issues of a particular place by reaching across conventional political and jurisdictional boundaries, sectors and disciplines.

Interest in environmental regionalism has ebbed and flowed over the years, but its roots are as ancient as humankind’s first home in Africa’s Rift Valley and the early civilizations of Asia, Latin America and the Middle East. Regionalism flourished in Europe during the early nineteenth century and emerged in the U.S. in the form of the western explorations by Lewis and Clark and John Wesley Powell. In the 1930s, regional interest in the U.S. surfaced again in the form of Lewis Mumford’s ecological regionalism and the initiatives of the New Deal. After World War II, the U.S. Congress was persuaded to experiment with unifunctional and political forms of regionalism, such as the federal-state river basin and regional commissions. At the turn of the twenty-first century, prompted by dissatisfaction with the growing numbers, scale and complexity of governmental functions, and coincident with the public commitment to civic forms of environmentalism, the stage was set for the current revival of interest in regionalism.

What Is An Environmental Region?

An environmental region usually has some combination of the following attributes:

  • a special place that people care about and identify with;
  • a named area that “stirs the blood and arouses passion”;
  • a place with a unity or homogeneity of some sort;
  • an area defined by common system functions;
  • a place with a similar context and culture;
  • an area with a psychic identity (a “region of the mind”); and/or
  • a place with a history (“story”) around which people can convene, organize and plan for what they want and need (C. Foster 2002a).

Examples of these places abound at different scales throughout the U.S.: Chesapeake Bay, the Northeast’s Northern Forest, the Great Plains (popularly termed the Buffalo Commons), the Southwest’s Sonoran Desert, the Rocky Mountains, California’s Great Valley of the Sacramento River, and the Pacific Northwest’s Puget Sound. The ambitious “Y2Y” (Yellowstone to Yukon) and Northeastern Landscape projects are designed to secure wildland corridors in crucial regions across the borders of the U.S. and Canada.

But environments need not be large to become good candidates for regional action. For example, a cranberry bog lying in two small Massachusetts towns was the spark for an eventual statewide statute permitting jurisdictions of all sizes to enter into joint powers agreements for environmental purposes. In the Deep South, high-level political negotiations currently preoccupy municipalities, states and federal agencies in the northern portions of the three-state, 20,000-square-mile Apalachicola/Chattahoochee/Flint (ACF) Basin while citizen environmental interests remain focused on the relatively modest, still unspoiled reaches at the southern end of the basin. The famous Quincy Library case in northern California was an initiative prompted by three local citizens, meeting at the town library, to forge a common strategy for nearby national forests. And, on Whidbey Island in Washington’s Puget Sound, one of the earliest land management collaborations involved local citizens and jurisdictions serving as surrogates for the National Park Service. In fact, such is the breadth and diversity of regional environmental initiatives across the country that national collaboration expert Julia Wondolleck of the University of Michigan has likened them to snowflakes— none exactly alike.

The Harvard Environmental Regionalism Project

Responding to an apparent resurgence of interest in regionalism throughout the U.S. and Canada, researchers at Harvard’s John F. Kennedy School of Government in the spring of 1998 asked nearly 150 prominent North American regionalists how regions might be used to advance environmental protection, use and management. The survey paralleled a similar New Deal-era inquiry into the possible use of regions for social and economic development and resulted in an outpouring of opinions (C. Foster and Meyer 2000). Some respondents advised that regions are bounded and shaped in response to a number of physiographic, hydrologic and biotic factors, while others noted influences built around a strong human sense of place.

Regions tend to be less distinct at the margins than at the core. In fact, many regions exhibit a kind of fractal, multi-core quality, operating through individual components that are layered, nested and organized hierarchically. But all seem to work best when they address real, politically relevant issues occurring in a “problem-shed” context. Thus, regions should be viewed as conceptual frameworks for analysis and practice, and ways to organize processes and relationships in order to harness capabilities and integrate policies and programs within a given area, rather than as definitive lines on a map.

Although environmental attributes will be prominent and compelling in any environmentally based region, they should not be controlling. More important will be the inhabitants’ own values, perspectives and priorities, which may include a range of environmentally relevant economic, social, political and cultural objectives. Such regions, like the environment itself, will turn out to be dynamic, not static. The best regions will employ a changing mix of largely organic activities supported by the programmatic services of established governmental agencies and political jurisdictions. Their scales must be large enough to encompass the problem or problems to be addressed, but not so large as to lose any prospect of a supportive constituency. The region’s form and administrative structure should be fitted carefully to its proposed programs and functions, and should operate as a viable business organization.

Despite passionate individual adherents for certain kinds of regions (for example, watersheds or ecoregions), no single best type of environmental region seems to fit all circumstances. Each region must reflect its own biological and cultural diversity and represent the needs of both the present and future occupants of the area in question. The survey respondents recommended starting with a sizable, recognizable, organic landscape, preferably one with a coincidence of natural and cultural features, where sufficient regional consciousness already exists to make the area identifiable (and even nameable). Pluralistic and deliberative processes should then be employed to define the required regional entity. In some instances, preexisting governmental authorities (such as the Endangered Species Act) can serve as the spark; in others, environmental functions may simply be added to established regional agencies for planning, transportation, economic development or metropolitan affairs. Whatever form it may take, and whatever its program objectives may turn out to be, the regional organization must not waver from its goal of achieving meaningful, positive and timely change in the state of the environment by either improving its present condition or removing impediments to its proper management, protection and use.

The Harvard researchers concluded that successful environmental regionalists will need a “tool box” of technical and financial assistance delivered to them through one or more “centers of excellence” established to serve on-the-ground networks of practitioners. Responding to that challenge, the Lincoln Institute has been supporting an inquiry and evaluation of the center of excellence concept through a project known as ENREG (environmental regionalism).

The ENREG Project

The project began with the drafting of a white paper, “Fostering Conservation and Environmental Regionalism: A Blueprint for Action,” describing the rationale for and likely attributes of a national environmental regionalism program (C. Foster 2002b). Separate audiences of regional practitioners and organization/agency representatives reviewed and debated the paper during sessions in Salt Lake City in December 2001 and at Lincoln House in Cambridge in April 2002.

After reviewing an extensive inventory and assessment of ongoing regional initiatives (McKinney et al. 2002), the western practitioners agreed that regionalism is by definition an integrative concept, eventually touching a whole circle of social, economic and political, not just environmental, issues. They noted that regionalism was growing in popularity for several reasons: necessity, self-interest, and as a way to design a shared future and avoid a common fate. They listed a number of obstacles and challenges facing regional initiatives in the West, describing such keys to success as new and creative processes, partnerships, coalitions, planned redundancy, and the exercise of a learning, adaptive attitude on the part of regional practitioners. As strategies to support and promote regionalism, they encouraged experimentation with different models, use of Internet tools to foster communications and networks, and the development of training programs for regional practitioners built around actual case experience. While they agreed that a common framework for promoting and supporting regionalism would be helpful, they cautioned against any attempt to institutionalize what was in essence an organic movement (McKinney, Harmon and Fitch 2002).

The eastern group used four case presentations to begin sorting out what regions are for, how they might be founded and used, what role government should be asked to play, and the implications of regionalism in a global sense. In terms of general precepts and strategies, participants were encouraged to be bold, positive, goal-oriented and adaptive. Those seeking to encourage and support regional initiatives should be sure that the right science and data are available at the right time, and that research and documentation do not overlook the crucial role to be played by people in achieving the necessary behavioral/societal changes (Foster 2002a).

Both groups agreed on the need for specialized education and training in regional environmental practice. The westerners urged training in designing regional initiatives, managing regional organizations and undertaking collaborative problem solving. The easterners suggested a curriculum that would start with concepts, principles and history, and then turn to the skill sets and processes needed to build an effective constituency for change. All favored research and documentation into what works in actual practice, what doesn’t, and why.

The Next Steps

Given these encouraging developments, what does the future portend for ENREG and the field of environmental regionalism it is advocating?

First, the Lincoln Institute is developing a short course on practical strategies to help citizens and officials initiate, manage and sustain regional initiatives. It is being designed for people interested in starting and operating regional initiatives or organizations, such as individual activists, local advocacy groups, governmental officials, and business and industry leaders. The course builds on recent work supported by the Lincoln Institute (see K. Foster 2001 and C. Foster 2002) and uses a combination of lectures, case studies and simulations to provide background information and teach practical skills. The first offering of the course is planned in the spring of 2003 for a group of 20 to 30 prospective practitioners and their associated organizations interested in solving environmental problems according to “the natural territory of the problem,” whether that be watersheds, ecosystems, metropolitan areas, or other types of regions. Ideally, the course will provide an opportunity for people from a common region to come together and begin the process of thinking and acting regionally. Future courses may be convened by one or more local organizational cosponsors that will be responsible for the recruitment of practitioners and many of the logistical and organizational arrangements and for working with the Lincoln Institute to provide instructional resources.

Second and closely allied with the short course is an executive seminar for senior regional practitioners who will be invited to share information and learn from one another through a peer exchange process, thereby building and sustaining viable practitioner networks and refining the instructional principles and strategies through the use of experiences drawn from the real world. The first executive seminar will be held in the West in March 2003.

Third, former ENREG national advisor Richard Doege is seeking supplemental funding to establish a national center of excellence on environmental regionalism. His efforts focus initially on case study research and on outreach to Congress, federal and state agencies, and national environmental NGOs. The objective is to develop a constituency for legislation, governmental practices and civic action that can promote sound environmental protection and management through the exercise of regionalism. The case studies are expected to be a critical resource for developing Lincoln’s training curriculum, and the contacts with organizations and agencies will help identify additional venues, targets and cosponsors for future courses. Through his liaison with Congress, Doege has already identified a number of regionalist provisions in important pending legislation. His future outreach efforts will aim to inform Congress and the national environmental community about ENREG’s research findings and help ensure that Lincoln’s curriculum objectives reflect the current status of regionalism in governmental circles.

Finally, the ENREG planners have in mind the ongoing development of curricular materials. For example, the initial elements of theory, skills and practice will be just the first steps toward an entire “library” of subject matter from which course organizers can make their own selections. Some courses may lend themselves to conversion into distance learning modules so that training can proceed either in conventional course settings or through home computers via the Institute’s web-based instructional program, Lincoln Education Online (LEO). This combination of face-to-face courses and distance learning will advance the Institute’s long-term mission of making knowledge comprehensible and accessible to citizens, policy makers and scholars throughout the world, and ENREG will have more than fulfilled the promise perceived by its proponents at the time of its founding just a year ago.

Charles H. W. Foster is adjunct senior research fellow at the John F. Kennedy School of Harvard University, a former Massachusetts secretary of environmental affairs and a former dean of Yale School of Forestry and Environmental Studies. His colleagues in the ENREG inquiry were Matthew J. McKinney, executive director of the Montana and Western Consensus Councils, and former Harvard Loeb Fellow Rebecca Talbott, a career intergovernmental partnership specialist with the U.S. Forest Service.

References

Foster, Charles H.W. 2002a. Conference summary. ENREG Eastern Regionalism Conference (April). Cambridge, MA: Lincoln Institute of Land Policy.

_____. 2002b. Fostering conservation and environmental regionalism: A blueprint for action. ENREG working paper (June 30). Cambridge, MA: Lincoln Institute of Land Policy.

Foster, Charles H.W. and William B. Meyer. 2000. The Harvard Environmental Regionalism Project. Discussion paper 2000-11. Cambridge, MA: Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard University.

Foster, Kathryn A. 2001. Regionalism on purpose. Cambridge, MA: Lincoln Institute of Land Policy.

McKinney, Matthew, Will Harmon and Craig Fitch. 2002. Regionalism in the west: A working session with practitioners. (February 25). Helena: Montana Consensus Council.

McKinney, Matthew et al. 2002. Regionalism in the west: An inventory and assessment. Public Land and Resources Law Review. Missoula: University of Montana School of Law.

ENREG National Advisory Board

Robert L. Bendick, Jr., Southeastern Division vice president for The Nature Conservancy, Florida; former New York deputy commissioner for natural resources and director of the Rhode Island Department of Environmental Management.

Richard L. Doege, Esq., Specialist in environmental economics and public policy; advisor to Congress in the areas of energy and the environment, Washington, DC; former business executive and legislative counsel.

Marion R. Fremont-Smith, Esq., Senior counsel at Choate, Hall and Stewart, Boston, and senior research fellow at the Kennedy School’s Hauser Center for Nonprofit Organizations; former Massachusetts assistant attorney general in charge of the Division of Public Charities.

DeWitt John, Director of the Environmental Studies Program at Bowdoin College, Maine; former director of the National Academy of Public Administration’s Center for the Economy and the Environment.

Chester M. Joy, Esq., Senior analyst for natural resources and the environment at the U.S. General Accounting Office, Washington, DC.

Ethan Seltzer, Director of the Institute of Portland Metropolitan Studies at Portland State University, Oregon; former land use supervisor for Portland Metro.

The Bogotá Cadastre

An Assessment
Michelle M. Thompson, Abril 1, 2004

The implementation of any national planning program on a regional or local scale can be a challenge, even under the best circumstances. Colombia faces many social, political and economic issues that could easily have derailed the expansion of its major planning initiative—the national cadastral program. Some of these issues relate to its decentralized government, changing local public administrations, unstable economy and pervasive issues relating to poverty, the drug trade and international intervention. In spite of this situation, Bogotá’s Administrative Department for the District Cadastre (DACD) is gradually being recognized as a success story for developing countries in Latin America and beyond.

While legal conveyance, land policy and planning have been significant aspects of cadastres historically, fiscal management has been the primary focus in Bogotá for both its citizens and the business sector. The assessment administration process includes the maintenance of a database that receives information from the divisions that develop the econometric model, geographic information systems (GIS), building codes and enforcement, cartography, socioeconomic analysis of homogeneous sectors, land registration and zoning. As noted in the previous article, the numbers of incorporated (formación catastral) and updated (actualización catastral) properties have increased significantly (see Figure 1).

The large volume of parcels and improvements has been managed in such a short time by a deliberate and comprehensive administrative plan. The mandated public participation process did not compromise the efficiency with which the updates and property validation were completed. Within the last fiscal year, the econometric model took into consideration typical assessment variables but also considered a key element in the Bogotá cadastre, the “public value estimate.” According to Law 44 of 1990, a public comment and review process is used to update and maintain each property record card. The property owner or occupant provides an estimate of the property value and its depreciation or appreciation as required by the Unified Property Tax Reform Act. This legislation seeks to simplify the administration of taxes on land and avoid the possibility of taxing the same factors twice. Reliance on the public to provide the most current information on property conditions is important, but verification is also required. Thus, a fleet of professionally trained assessors has conducted inspections of all properties now recorded within the cadastral system. The public has been particularly forthcoming with information on improvements to vacant land, since the tax rate on land is higher than the rate on land with improvements. This integrated planning approach has encouraged community investment by limiting speculation.

The use of GIS has been key to department-wide integration and evaluation of property reviews, system updates and overall program administration. IGAC is in the process of developing an ArcCadastre program in coordination with the University of Bogotá. The goal is to link all of the regional cadastres to the national database. Within Bogotá a central GIS provides the cadastral managers with a powerful database that includes an interactive and multilevel inventory used during the property tax abatement process. The GIS has recently been expanded to allow for public searches of historic property record information along with parcel-level real estate listing data for all neighborhoods. The intended use of GIS, and the increase in the number of public terminals, will provide further access to the cadastral system. In the interim, the DACD Web site is a creative educational tool that keeps the public informed while managing this monumental process.

The Bogotá cadastre has made innovative and tangible progress in the creation, development and maintenance of a cadastral system considered by many to be a theoretical impossibility. The vision and tenacity of the public administrators, private industry and citizens have helped to build a cadastre that should meet or exceed the goals set by FIG’s Cadastre 2014 (Van der Molen 2003). This plan calls for a cadastre to have “inclusive rights and restrictions to land within map registers, comprehensive cadastre map models, seamless collaboration between public and private sectors and a cadastre that is cost recovering.” Given its political, administrative, financial, technical and practical challenges, the Bogotá cadastre has been able to turn a dream into an innovative reality.

Michelle Thompson is a real estate and research consultant teaching geographic information systems at the Cornell University Department of City and Regional Planning. She is also a faculty associate of the Lincoln Institute and she participated in the November 2003 conference on cadastres in Bogotá.

References

Bogotá’s Administrative Department for the District Cadastre (DACD): http://www.catastrobogota.gov.co/

Van der Molen, Paul. 2003. The future cadastres: Cadastres after 2014. FIG Working Week 2003, Paris, France (April 13-17). Available at http://www.eurocadastre.org/pdf/vandermolen2.pdf

Faculty Profile

Lawrence Susskind
Abril 1, 2005

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

Land Lines: How did you become interested in land use mediation?

Lawrence Susskind: Land use planners are supposed to ensure that the public is involved in all growth management decisions. Yet, most efforts to ensure such public participation lead to protracted political battles. Within the planning profession it is not clear how competing conceptions of appropriate land uses ought to be reconciled. Since the early 1970s I have been trying to introduce the concept of mediation as well as other conflict management tools into the lexicon of professional planners. In my view, in the absence of consensus building strategies of some kind, most communities are doomed to use resources inefficiently, unfairly and unwisely. I got interested in land use mediation as a way of helping the planning profession do a better job.

LL: What types of land use disputes are most difficult to resolve?

LS: Land use disputes that revolve around values or identity are the most difficult to resolve. When values (as opposed to economic interests) are at stake, people often feel that their identity is threatened and in such situations they are rarely open to considering the views of others. For example, proposed changes in land use that would eliminate agriculture as a way of life are not likely to be accepted, even if financial compensation is offered to the landowners involved.

LL: When did you start collaborating with the Lincoln Institute?

LS: My ties to the Lincoln Institute go back a long time. When Arlo Woolery was executive director in the late 1970s, we worked together on a multiyear effort to analyze the impacts of the Property Tax Limitation Law (Proposition 2 1/2) in Massachusetts and on the state’s Growth Policy Development Act. Two decades later, in 1997, I began working with Rosalind Greenstein and later Armando Carbonell, co-chairs of the Institute’s Department of Planning and Development, on a series of research projects that evolved into the training programs on land use mediation that we (LILP and CBI) currently offer together.

LL: Explain a little more about CBI.

LS: The Consensus Building Institute is a not-for-profit organization founded in 1993 to provide consensus building services to clients involved in complex disputes. Building on the “mutual gains” approach to negotiation developed at the Program on Negotiation at Harvard Law School, CBI offers conflict management assistance, negotiation training, dispute system design services and evaluative research to public agencies, corporate clients and nongovernmental agencies on five continents.

Our staff now includes a dozen full-time professionals, mostly based in Cambridge, and a network of more than 30 experienced affiliates around the world. We have become known as expert public and environmental dispute mediators and have helped to resolve complex disputes related to the siting of controversial facilities, the setting of public health and safety standards, the formulation and implementation of development plans and projects, and conflicts among racial and ethnic groups.

LL: When did the joint Lincoln and CBI training programs begin?

LS: After several years of careful analysis of land use mediation efforts throughout the United States, CBI developed a curriculum with Lincoln Institute for public officials and planners, and that course has been offered since 1999 at a number of locations. During the first few years we offered only a basic course designed to familiarize participants with assisted negotiation as a method to resolve land use disputes, and then we expanded our offerings to include more detailed skill building for experienced mediators and practitioners. Today we offer a full range of courses at multiple locations around the country.

LL: Who are the primary participants in these introductory and advanced courses?

LS: We are trying to reach three different audiences. First, we have identified and invited local elected and appointed officials who preside over land development disputes and administer land use regulatory systems at the local, regional and state levels. They need to know that there are techniques they can use to help resolve land use disputes before they escalate.

Second, we are trying to attract real estate developers and their attorneys so they know how to participate effectively in dispute resolution efforts when they are offered or suggested by public officials. Third, we have a special interest in attracting professionals of all kinds who want to learn how to be better facilitators, particularly of multiparty land use dialogues that involve complex technical dilemmas.

LL: What are the key goals and lessons of these programs?

LS: The introductory course offers a quick overview of the reasons that land use disputes seem to escalate so quickly and often end up in court. We then introduce the basic principles and tools of dispute resolution and show how they can head off such escalation. They are presented in a very interactive way using gaming and simulations. Participants are given a number of hands-on opportunities to apply what they are learning in hypothetical situations and to bring their own cases before the group. We spend some time talking about techniques for overcoming resistance to the use of mediation and other consensus building strategies.

The advanced course is aimed at experienced mediators or planners and lawyers who think they might want to become mediators. It assumes that the participants have mastered the material presented in the introductory course and moves to a set of dilemmas at the next level, including methods of handling science-intensive disputes through the use of joint fact finding. We also review key theoretical debates, such as managing unequal power relationships in a mediation context.

LL: How do you incorporate both theory and practice into the curriculum?

LS: We expect many of the participants to bring their own stories about land use disputes in which they have been intimately involved. We model in real time how the theory we are teaching can be applied in their cases. We also try to ground all of our theoretical presentations in detailed case accounts of actual practice. Finally, as mentioned above, we use role playing simulations. Students can’t just sit back and take notes. They have to wrestle with the application of the ideas we are presenting.

LL: What other projects have you undertaken with the Institute?

LS: About a year ago, in May 2004, I joined Institute President Jim Brown at a Lincoln-sponsored seminar in Cuba on the problems of restoring and redeveloping Havana Harbor. Energy production and inadequate attention to pollution control have spoiled one of the most beautiful harbors in this hemisphere. Some of the many different committees and groups concerned with economic development, environmental cleanup, restoration of the harbor ecology, historic preservation of Old Havana, and enhanced tourism are seeking advice on strategies for balancing these (sometimes) competing objectives.

CBI is beginning to develop a new joint course with the Lincoln Institute and some of its partners involved in local economic development efforts around the country. We believe conflict resolution tools and negotiation skills can be of great use in neighborhood development disputes, not just growth management conflicts in the suburbs. With Roz Greenstein CBI is creating a new set of training programs for community-based organizations that we plan to offer for the first time next summer.

Another new initiative is a collaborative Web site that highlights recent research by the Lincoln Institute and CBI, as well as timely news articles, background material on consensus building, and links to related programs and publications. One section of the site will provide an interactive platform that will permit hundreds of alumni of our joint courses to remain in touch with each other and share their mediation experiences. This “virtual learning community” will be a valuable resource for public- and private-sector stakeholders involved in land use disputes (even if they haven’t taken the course).

LL: What is the outlook for future joint programs?

LS: I believe our ongoing CBI–Lincoln Institute partnership holds incredible promise. We have conducted an Institute-sponsored study on the use of consensus building to resolve land reform disputes in Latin America and hope to expand on that work, as well as to address land issues facing China and the newly independent states of Eastern Europe. The Institute is already involved in research and training programs in these regions, and land use disputes are at the core of many of the challenges facing national and local policy makers.

The Lincoln Institute is an ideal partner for CBI. We both care about applied research, theory building and sharing new knowledge through educational programs of all kinds. We both measure our success in terms of real improvements on the ground, and we share interests in both domestic and international arenas.

Faculty Profile

Margaret Dewar
Julio 1, 2006

Margaret Dewar is the Emil Lorch Professor of Architecture and Urban Planning at the Taubman College of Architecture and Urban Planning at the University of Michigan. She directs the Detroit Community Partnership Center through which University of Michigan faculty and students work with community-based organizations and city agencies on community-identified neighborhood issues. Dewar is also faculty director of the Ginsberg Center for Community Service and Learning, whose mission is to involve faculty, students, staff, and community partners in learning together through community service and civic participation in a diverse democratic society. She and her students have worked on brownfield redevelopment with numerous organizations in Detroit and Flint.

Dewar’s research is concerned with American government effectiveness in intervening in microeconomic systems to deal with economic distress such as troubled industries, declining regions, distressed cities, and poverty. She has written books and articles on industrial policy, rural economic development programs, and urban revitalization. Her current research focuses on ways to address the barriers to equitable redevelopment of older industrial cities. She is writing about systems for moving tax-reverted property to new uses, the role of place-committed coalitions in redevelopment of brownfields, and indicators of early neighborhood decline and revitalization that can facilitate public intervention.

Dewar has a Ph.D. in Urban Studies and Planning from the Massachusetts Institute of Technology and a Master of City Planning from Harvard University. She received her undergraduate degree from Wellesley College.

Land Lines: How did you become involved in and concerned about brownfield redevelopment?

Margaret Dewar: I had done quite a lot of research on the effects of state and local economic development incentives on business location and expansion decisions. I also had taught courses where students worked on plans for urban redevelopment with nonprofit organizations in Detroit.

The calls for subsidies for brownfield redevelopment grew louder in the mid-1990s as states reformed their laws about cleanup requirements and liability. Given my background in economic development and urban redevelopment, I thought those calls sounded inauthentic. The campaigns for cleanup subsidies were essentially claiming that if the subsidies were provided, redevelopment of contaminated property would occur, implying that the only barrier to land reuse was the dirty dirt.

However, urban redevelopment is a very complex process that involves the assembly of land owned by many people, relocation of residents, demolition of structures, removal and replacement of infrastructure, and adherence to or release from regulatory restrictions and requirements—to name a few of the issues. Contamination could not be the only barrier, and, I thought, it was not even likely to be the most important one.

Further, state and local incentives for economic development rarely change business location and expansion decisions. I suspected that brownfield incentives would have a similar effect. Therefore, I started to do research on the determinants of brownfield redevelopment to place this kind of development in the broader urban redevelopment context.

Land Lines: How has your brownfield research evolved over the last decade?

Margaret Dewar: As I watched community development corporations (CDCs) in Detroit struggle with redevelopment, I became interested in whether place-committed coalitions were more or less effective in brownfield redevelopment than other kinds of developers.

Place-committed coalitions are the alliances of CDCs, nonprofit housing corporations, neighborhood organizations, and determined residents who are going to stay in place, no matter what. Unlike many other developers or businesses, they will not move to the suburbs because development is easier and more profitable there. They are often the only developers interested in the poorest neighborhoods, and any hope for a better physical environment in those places rests with them. Unlike private developers, they are not seeking especially profitable redevelopment projects; if they can break even, much of the return on their investment is seen in the creation of a better neighborhood.

When place-committed coalitions succeed in redevelopment, they may create market conditions that are attractive to private developers and therefore spur further redevelopment, or they may demonstrate market potential through bellwether projects. As a result, nonprofit developers are especially important in making urban redevelopment succeed.

However, I found that these coalitions were rarely successful in brownfield redevelopment, although development on contaminated land did not seem particularly different from other kinds of redevelopment. Now most of my own research projects and quite a few of the student projects I supervise are concerned with factors that lead to positive reuse of abandoned property in cities, especially reuse by nonprofit developers.

Land Lines: How do you involve your students in this work?

Margaret Dewar: I get many research ideas from working with CDCs, nonprofit housing corporations, and public agencies on plans for brownfield reuse, and I am able to bring these ideas into planning practice on specific projects. Twice each year I teach a course where advanced urban planning students develop plans with organizations working on strengthening their city neighborhoods and help advance the organizations’ efforts.

For example, my students and I worked with the Genesee County Brownfield Redevelopment Authority (BRA) and the Genesee County Land Bank to inventory brownfields in Flint, Michigan. We also helped to prioritize sites for attention based the goals of the BRA and the land bank, which are now following up on the recommendations in the plan with a neighborhood nonprofit and a group of diverse property owners.

Another team of students worked with a neighborhood nonprofit organization in southwest Detroit to identify brownfields and determine which sites have the greatest priority for reuse. Although the staff praised the plan, the organization has not been able to act on the recommendations. The contrast in these two experiences, along with the literature on determinants of nonprofit developers’ success, suggests numerous hypotheses about what helps and hinders the reuse of brownfield sites in such situations.

Land Lines: What is your most recent project with the Lincoln Institute?

Margaret Dewar: With Kris Wernstedt at Virginia Polytechnic Institute, I am looking at some of these hypotheses about why CBOs are successful or not in reusing vacant, abandoned, and contaminated property. Kris is looking at the work of CBOs in Baltimore, Portland, and Denver, and I am studying their reuse of such property in Detroit, Cleveland, and Flint. Because the demand for land in my set of three cities is similar, the comparison holds the market constant and promises to reveal institutional, political, and legal factors that are important in CBOs’ results.

The three midwestern cities differ in the strength of their nonprofit development sectors. Cleveland has an active network of nonprofit developers that have constructed thousands of units of housing over the last 15 years. Detroit has a maturing nonprofit development sector that is growing in its capacity to do projects, but Flint has very little such activity.

These differences can help reveal factors that matter and the ways they matter in redevelopment success. For instance, a commonly cited force in the success of Cleveland’s nonprofit developers is the commitment of foundations to provide funding for redevelopment. However, Flint also has foundations with large amounts of resources committed to that city. What are the differences in how the foundations in each city work that might help explain these differences in nonprofit development activity and effectiveness?

Land Lines: How can CBOs be most effective in brownfields redevelopment?

Margaret Dewar: Kris Wernstedt and I pose four groups of hypotheses or framing perspectives in our research on CBOs’ effectiveness in redeveloping brownfields. First, the special features of CBOs—their shortage of funds, small number of professional staff, lack of skills for redevelopment, and other issues—may interfere with implementing successful projects to reuse vacant, abandoned, and/or contaminated sites. CBO staff may especially lack the background to take on projects that involve contaminated sites.

Second, legal and political issues may interfere with the transfer of tax-reverted property to nonprofit developers for redevelopment projects, even though this land is essential for projects to go forward.

Third, weak local institutional settings may leave CBOs without adequate political or financial support for undertaking projects to reuse vacant, abandoned, and/or contaminated properties. Local government, financial institutions, foundations, and intermediaries may not provide sufficient backing to help CBOs over the substantial hurdles.

Fourth, federal and state legal and regulatory structures and financing provisions for contaminated sites in particular may interfere with CDCs’ efforts to reuse such property.

Another factor is that the demand for land in different cities affects the approach and efficacy of CBOs in redeveloping that land. In cities or neighborhoods with strong market demand, CBOs may have little opportunity to obtain such property for redevelopment because they are competing with private developers. On the other hand, in cities with weak demand for land, CBOs may struggle to find tenants or buyers for redeveloped property.

Land Lines: How is your work with the Lincoln Institute helping to broaden the scope of brownfield research?

Margaret Dewar: I continue to believe that contamination is rarely the determining factor in whether land can be reused or not, especially now that cleanup standards and liability risks have changed. By placing contamination in the larger context of the redevelopment of vacant, abandoned, and contaminated property in cities, we gain a better understanding of the complexity of redevelopment in general and of the kinds of changes that would help CBOs be more effective in remaking cities in ways that can improve the quality of life in distressed areas.