This comment examines the problem of managing urban growth while simultaneously preserving open space through careful planning. Specifically the comment examines the planning for the temporary preservation of open space that is a byproduct of the successful management of urban growth. The author begins by discussing a method of regulating open space land by Professor Robert H. Freilich. The author uses this method as a model to examine techniques for the conservation of open space land through the establishment of an urban reserve. The author pays special attention to the taking issues that must be circumvented if the program is to be successful. The author concludes that the California open space legislation should be modified to be more like the approaches taken by court in both California and New York.
Sandra L. McMahan,
One Tier beyond Ramapo: Open Space Zoning and the Urban Reserve,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss5/13