|
Illinois Real Estate Letter Policy Perspectives
<br />Winter 1999 - Volume 13, Numbc~ I has not completely gutted local control, in which thc sale of zoning rights can be
<br />Illinois J~a/Estate Letter is published by For example, in Sprint Spectrum, L.P.v. revisited, in fact, the FC~ employs a sin~-~ ~
<br />the Office of Rgal Estate Research at the City of Medina (1996), a federal district ilar process for issuing licenses to oper~
<br />University oflllineis st Urbane-Champaign court upheld Medina, WA's six-month PCS systems within the fitly-one major
<br />b,p:#www, dsaadue.edu/~rer/~rer-stm tower moratorium as an apPropriate usc trading areas (MTAs), and the 493 b~c
<br />Copyxight.1999; Subscriptions $16 per year of the city,s authority to determine a tale- trading areas (BTAs), within which PCS
<br />£d#or: Peter ~. Colwell, University of communications policy, and procedures systems are marketed. Since demand by
<br /> minois at Urbana. Cham.m~gn for processing applications. However, potential.PCS providers typically ~xeceds
<br /> ' e-m~l:,oa~tsv//~,iuv, eds, in Illinois RS~ No.3 v. County of Peoria the limited supply of llceuses that the
<br />i~Lvsoclate EditOr: Joseph W. Trdzger, (1997), another federal district court FCC issues in a particular MT A or BTA,
<br /> Illinois State University overturned a county's decision denying the FCC auctions off the licensing rights.
<br /> ~msJl:/sar~edu a plaintiff's request for a cellular tower, It should be pointed out that the fed-
<br />d~tant Director. C~rolyn A. Debring ruling that adequate reasons for thc denial eral government is not hypocritical in
<br /> e-mail: orer~uc.e~ were not given. Stating thatthc mere providing relief fxom local restrictions;
<br /> ~edia Spgclalig: Shelley A. Cmpbeli
<br /> ~.msi~ ~a~pbe1~uiu~edu existence of Oppositiun is insufficient to it also makes its own land available to
<br /> Secretory: $1drley J. Wells support denial, the court directed that thc wireless service providers. The 1996 Act
<br /> permit be issued, without even remanding · specifies that a federal department or
<br /> Address conespondence to:
<br /> Office of Re~l Estate Research to thc county for further decision making, agency must make prolgn~y under its
<br /> 304-D David Kinley Hail Even the states may be inclined to control available for the placement of the
<br /> 140'/W. O~gory Drive overrule local officials when wireless new telecommunicatiun services when.
<br /> Urbane, IL 61801 phone service is the issue. In Massachu- doing so does not directly conflict with
<br /> Phone: (217) 244-0951 setts, municipalities' zoning authority the department's mission. Yet even then,
<br /> PAX: (217) 244-9867 has been diluted by thc Massachusetts reasonable fees may be charge~l to PCS
<br /> eoMall: oreri~uiUc.edu Department of Telecommunications and providers. (The Act also requir~ the FCC
<br /> ORER Advisory Committee Enorgy's designation of wireless service to provide technical support to states, to
<br /> Gary L. Cls~ton providers as public service utilities. This encourage them to use pmpe~ under
<br /> Executive Vice President, Illinois designation exempts thc providers from their jurisdictions for PCS purposes.)
<br /> Association of Realtors* Ch. 40A, thc State's basic zoning regula- By taking a cue from federal fee-
<br /> Peter F. Colwell tion, thereby limiting local authority'to collection efforts, and selling zooing
<br /> Director of Rani Estate Rcsea~h, deny permission for tower construction, permits for PCS transmitter~ municipal~
<br /> ORER Professor of Real Estate, and ties wou¥ gain revenues to of~ at
<br /> Professor of Fimmce~ University of g!!!nois Paying the Freight partially, the cost imposed un municipal
<br /> at Urbane-Champaign In general, opportunities for relief from residents by any associated negative
<br /> Cou~le Conway zoning~restrictions - through receiving externalities. Residents would benefit
<br /> Vice President, Koeaig & St~zy, Inc. a variance or permit, or the overriding from the sale of zoning permits, in
<br /> David C. E~des actions ora court or a legislative body- that revenues so generated would fund
<br /> ~ General Partner, Regency can have unexpected side effects,z The Inercased municipal services and/or allow
<br /> Associates recipient ofzoning relief obtains windfall for reduced taxes. Such a plan contains
<br /> William ~.. Long economic rent. (a return in excess of that the acknowledgment that perceived
<br /> Pn:sidcnt and Cldcf Exccativc Officer, called for by the accompanying risks), aesthetic or health problems can bc esso-
<br /> LaSalle Home Mortgage Corporation because he is able to put his property to elated with towe~s and transmitter~ and
<br /> Csreg IL Oldbm
<br /> Director of Commc~cc Research and a usc that had p~viously been proin'bited that residents should be compensated for
<br /> IBE Dist~goished Professor of Business or controlled. At the same time, despite those negative effects. The price f a per-
<br /> p, amlni~'wation, University of Illinois the fact that a use is not to be approved mit should be based on the magnitude of
<br /> at Urbane-Champaign if it would be unreasonably detrimental thc negative exterualities, not on the PC8
<br /> Gerald N. Perlow to the neighborhood or municipality, provider's expected profiL The greater
<br /> Pn~sident,'Pmpmy Valuation Services negative externalities may be suffered by the perceived visual or health derogation,
<br /> Past P~sident, llliaois Assn. of Realtors* abutters, and by others in. close proximity the higher the amount that should be
<br /> Eli Sidwell, Jr. to the locus on which local, state, or fed- charged for a permit. (It is assumed that
<br /> Director of Real Estate, Olficc of Banks oral relief has been granted, thc PCS provider owns, or has lcasod, the
<br /> and Rani Bstate, State of illinois In the Summer 1991 issue of this land on which the tower is to be builL)
<br /> Arian IL Speeluum publication? David Mills suggested that,
<br /> Pr-'~ident, Spe~_~an Realty because of such extemnlifies, resource Measuring the Damages
<br /> Past Ptesideat, miacis Assn. of Realtors' use would be enhaneed if zoning rights How can the magnitude of the negative
<br /> Doaald J. urSin were bought and sold, rather than given externalities- aesthetic and health issues
<br /> Retired President, Coldwell-Baal~r away. The development of PCS and the - associated with towers be estimated?
<br /> Residential Real Estate Services attendant need for towers creates a forum The aesthetics debate is not easily
<br /> Past Preside~ nlinois Assn. of Resltors* ·
<br />
<br />page 2 Illinois Real ~stat~ £attar F~nter I PgP
<br />
<br /> IV-lO9
<br />
<br />
<br />
|