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5 L. A. Pub. Int. L.J. 1 (2014-2015)

handle is hein.journals/lapubinl5 and id is 1 raw text is: 

Los ANGELES PUBLIC INTEREST LA WJOURNAL


                  LAND, JUSTICE AND A PLACE TO CALL HOME

                                   Jan Breidenbach-

                               In America, land is magic.
                               And it always has been.
                            Success is owning it with a house.
                       Wealth is owning a lot of it, without a house.
                (Peter Wolf. Land in America: Its Value, Use & Control, 81)


                                     ABSTRACT

    This paper explores the historical roots of our national housing delivery system, finding
    it based in the practices of the New England settlers who identified owning land as a
    civil right. The paper contends that our American ideology of homeownership and
    exclusionary land use practices stem from this right of private ownership. The paper
    further contends that our practice of housing finance, building codes and zoning has
    been a tool to exclude by race and income those deemed not worthy of these rights.
    The last section offers a brief outline of our present affordable housing programs-
    identifying characteristics of each that offer a counter-narrative to the preeminence of
    the private market and its exclusionary land uses. The paper closes with the argument
    that climate change mitigation (specifically in California) is the historical moment that
    can abrogate the damage inflicted by our present housing delivery system and its
    exclusionary land uses.


              I.    INTRODUCTION: SHELTER FROM THE STORM

              II.   COLONIAL ROOTS OF PROPERTY RIGHTS
                    AND EXCLUSIONARY PRACTICES

             III.   CODES, COVENANTS & EARLY ZONING

             IV.    SEGREGATION IN HOUSING FINANCE

             V.     IMPACTS OF RACIAL & INCOME SEGREGATION

             VI.    PREFIGURING SOCIAL HOUSING

             VII    LAND, JUSTICE AND A PLACE TO CALL HOME






-Jan Breidenbach, PhD, is Adjunct Professor in the Sol Price School of Public Policy at the University of Southern
California. A long-time housing and community activist, she has been a community and union organizer and was
the executive director of the So CA Association of Non-Profit Housing from 1991-2006. March 2015.


[VOL. .5

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