|
. Illinois Real Estate Letter Policy Perspectives
<br />
<br /> has not completely guttedlocal con~-ol, in which the sale of zoning right~ can be
<br /> llllnol~ RtndEttate Lener is published by For example, in Sprint ~pectrum, L.P.v. revisited. In fact, the FCC employs a
<br /> the Office ofRtal F~ate Re~atch at the City of Medina (1996), a federal district ilar process for issuing licenses to ~
<br /> University oflllinnis at Urbana-CAampaign
<br /> court upheld Medina, WA's six-month PCS systems within the fifty-one nutjor
<br /> h~i*://www.eba.aine, edn/ereW~rer.hCm
<br /> tower moratorium as an appropriate use trading areas (MTAs), and the 493 basic
<br /> Copyrlght.1999; Subscriptions $16 per year of the city,s authority to determine a rein- trading areas (BTAs), within which PCS
<br /> Editor:. l~eter ir. Colwell, University of communications policy, and procedures systems are marketed. Since demand by
<br /> mmois at Utban~ for processing applications. However, potential.PCS providers typically exceeds
<br /> ~ rcot~/t~uluc.~tu in Illinois RS~ No.$ v. County of Peoria the limited supply of licenses that the
<br /> ,,lzwoctate Editor: ,ioseph W. Trefzger, (1997), another federal district court FCC issues in a particular MTA or BT A,
<br /> Illinois State University overturned a county's decision denying the FCC auctions off the licensing tights.
<br /> · -maa:j~rcC~a~edu a plaintiff's request for a cellular tower, It should be pointed out that the fed-
<br /> ,4avtrtant Director. Carolyn A. Dehring ruling that adequate reasons for the denial eral government is not hypocritical in
<br /> Media ~ectal~: Shelley A. Campbell were not given. Stating that.the mere providing relief from local restrictions;
<br /> ~.ms~: ~a~nt,twl~uluc.,~ existence of oppusition is insufficient to it also makes its own land available to
<br /> Se~r~u~ry: $1drley J. Wells support denial, the court directed that the wireless service providers. The 1996 Act
<br /> Address conespondenee to: permit be issued, without even remanding specifies that a federal department o~
<br /> Office of Real Estate Research to the county for further decision making, agency must nmks property under its
<br /> 304-D David Kinley Hall Even the states may be inclined to control available for the placement of the
<br /> 1407 W. Orcgoxy Drive overrule local officials when wireless new telecommunication set, rices when.
<br /> Urbana, IL 61801 phone service is the issue. In Massachu- doing so does not directly conflict with
<br /> Phone: (21'/) 2440951 setts, municipalities' zoning authority the department's mission. Yet even then,
<br /> FAX: (217) 244-9867 has been diluted by the Massachusetts reasonable fees may be charged to PCS
<br /> e-Mail: ~c.edu
<br /> Deparnnent of Telecommunications and providers. (The Act niso requires the FCC
<br /> ORER Advisery Committee .Energy'a designation of wireless service to provide technical support to states, to
<br /> Gary L. Clayton providers as public service utilities. This encourage them to use property under
<br /> Executive Vice President. Illinois designation exempts the providers from their jurisdictions for PCS pm'poses.)
<br /> Association of Realtors* Ch. 40A, the State's basic zoning regula- By taking a cue from federal fee-
<br /> l'etar 1~. Colwell tion, thereby limiting local authority'to collection efforts, and soiling zoning
<br /> Director ofRr. ni Estate Research, deny permission for tower construction, permits for PCS transmitters, municipall
<br /> ORER Professor of Real Estate, and ties wou¥ gain revenues to offset, at lead..
<br /> Professor of Finance, University of Illinois
<br /> at Ufoana-Ommp~gn Paying the Freight partially, the cost imposed on municipal
<br /> In general, opportunities for relief~ from residents by any associated negative
<br /> Connie Conway zoning,restrictions - through receiving externalities. Residents would benefit
<br /> Vice President, Koeaig & Stray, Inc. a variance or permit, or the overriding from the sale of zoning permits, in
<br /> Da, id C. gades actions ora court or a legislative body- that revennea so generated would fund
<br /> lvin,,n_~g Ocneral Partner, Regency can have unexpected side effects3 The increased municipal services and/or allow
<br /> Associates
<br /> recipient of zoning relief obtains windfall for reduced taxes. Such a plan contains
<br /> Wmlam r.. L~ng economic rent. (a return in excess of that the acknowledgment that perceived
<br /> P~sidcnt and Chief Executive Officer,
<br /> LaSalle Home Mortgage Corporation called for by the accompanying risks), aesthetic or health problems can be asso-
<br /> because he is able to put his property to ciated with towebs and transmitten, and
<br /> Greg IL Oldham
<br /> Director of Commes~ Resea~h and a use that had previously been prohibited that residents should be compensated for
<br /> mE Distinguished Professor of Business or controlled. At the same time, despite those negative effects. The price of a per-
<br /> .~d,nlnl,~rstion, University of Illinois the fact that a use is not to be approved mit should be based on the magnitude of
<br /> at Udrana-CImmpaign if it would be unreasonably detrimental the negative externalities, not on the PCS
<br /> Gerald N. l*eriow to the neighborhood or municipality, provider's expected profit. The greater
<br /> P~sident,'Pmperty Valuation Services negative extemalities may be suffered by the peroeived visual or health derogation,
<br /> Past President, Illinois Assn. of Realtors' abutters, and by others in. close proximity the higher the amount that should be
<br /> Eli $idwell,,It. to the locus on which local, state, or fed- charged for a permit. (It is assumed that
<br /> Director of Real Estate' Office of Banks eral relief has becn granted, thc PCS provider owns, or has leased, the
<br /> and Real Estate, State of Illinois In the Summer 199 ! issue of this land on which the tower is to be built.)
<br /> /U'lea lt. SpeeUman publication? David Mills suggested that,
<br /> President, Speet~n Realty becanse of such externalities, resource Measuring the Damages
<br /> Past Ptesideat, Illinois Assn. of Realtors' use would be enhanced if zoning rights How can the magnitude of the negative
<br /> Donald J. Ursin were bought and sold, rather than given externalities - aesthetic and health issues
<br /> Retired President, Coldwell-Banger away. The development of PCS and the - associated with towers be estimated?
<br /> Resi~ P. tal Estate 8erviess
<br /> Past Presid~t, minois Assn. of Resltors' attendant need for towers creates a forum The aesthetics debate is not easily
<br />
<br />page 2 lllinoit Real E~ata £attar P~int~' 1999
<br />
<br />
<br />
|