The most important thing to know about land use law (in my opinion) is that “we” make the laws. The word “law” often conjures up the idea of “inevitability.” A “law” is a statement about what “must happen.” That is a common way to think about the “law.” The idea that our “laws” state inevitabilities, what must and will happen, comes from the fact that the “laws” of the natural world are indeed statements about what must “inevitably” happen. We know about the “law of gravity,” or that famous equation E = MC2, and we are used to thinking that all laws are like the laws of physics.

Land use laws (and all human laws) aren’t like that. Human laws don’t state what “must” or “will” happen; they state what we “want” to happen. Instead of being a “description” of how the world inevitably works, human laws are a “prescription,” a statement we make to ourselves about what we want to do.

This is a rather “simple” thought, I know, but I actually think it is a pretty important thought. In the realm of land use, if there is a law that doesn’t seem to be helpful, or that seems to be getting in the way of something we’d like to accomplish, we need to remember that we can change that law. The courts, in fact, use the word “plenary” to describe our ability to change our land use laws through governmental action.

Our land use laws are like a prescription, and we can change our prescription. We’re the doctor!

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog

In the realm of land use, “we” make the laws. But who is that “we” I am talking about? As most of us know, it is our elected officials who make the laws. These elected officials, however, have been given this power only as our “representatives.” That’s the theory, anyway, and if we can turn that theory into practice “we,” all of us, really are able to make the law. We do it through the political process. I recently taught some courses in the Legal Studies Department at the University of California at Santa Cruz, and I told students about what I call the “Fundamental Equation” of government (“Politics” gives us “Law” gives us “Government”):

Politics > Law > Government

If you’d like to see that diagrammed out, please track down the transcript for today’s Land Use Report at kusp.org/landuse. Out of the controversy and conflict that is the natural realm of politics, we arrive at “decisions.” These decisions are written down as laws, the prescriptions by which we announce what we intend to do. When we follow those prescriptions, our laws, we “govern” our world: “Politics” leads to “Law” leads to “Government.”

That “Fundamental Equation” brings me to the title of today’s talk: “Who Cares?”

We are all able to participate in the democratic political process that results in the laws that ultimately govern our world. Only those who care enough to get involved themselves will make those laws!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog

I live on the Eastside of Santa Cruz, in an area that might be called the City’s “Gateway to Groceries.” Shoppers Corner, Whole Foods, Staff of Life, and Safeway are all located within several blocks of each other along Soquel Avenue and Water Street from Branciforte to Morrissey Boulevard.

My neighborhood is a pretty nice place to live, and I can walk to whatever grocery store I pick! Right now, I can also walk to the Eastside Post Office, located across the street from Safeway. You can also drive to the Eastside Post Office, because there are actually parking places available! That is not usually true for the Downtown Post Office, located at another complex intersection, where Mission Street, Water Street, Front Street, Pacific Avenue, and North Pacific Avenue all come together.

Well, here is the news story. The Postal Service has apparently lost its lease for its Eastside location, sending more post office patrons to our congested downtown Post Office. And what is proposed in its place? Why, a Grocery Outlet grocery store, of course, right across the street from Safeway.

There will be an informational meeting about this, sponsored by Grocery Outlet, in the Branciforte Middle School Cafeteria on Wednesday, February 26th, starting at 7:00 p.m. The address is 315 Poplar Avenue.

This is definitely a “Who Cares?” issue. Consult yesterday’s Land Use Report transcript if that doesn’t seem to make sense!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Santa Cruz Sentinel article on Grocery Outlet

Last Thursday, I tried to persuade listeners to plan ahead for a tramp around the woods and forests of the Central Coast Region, to assist scientists fighting Sudden Oak Death. The spread of Sudden Oak Death in both Monterey and Santa Cruz Counties is a real threat to our environment, and volunteers are needed for this year’s survey project. This will be a one-day commitment, and I wanted to give Land Use Report listeners an opportunity to plan ahead.

Well, there is a little correction to be made in what I advertised last week. I have to apologize for attempting to link listeners to the event schedule for 2013. I guess I am resisting the fact that last year is truly gone! We are in 2014 now, so the dates are different but the activities are the same, and there is still plenty of time for you to make arrangements to participate in this most worthwhile project.

The Sudden Oak Death Blitz is an effort that truly helps scientists trying to fight back against this horrible disease, which is afflicting huge areas throughout the Central Coast Region. Both the US Forest Service and the California Native Plant Society are involved. I hope you will plan to get involved, too. I have once again posted details at kusp.org/landuse, but this time I have posted the schedule for 2014! There are events in both April and May, with links to the organizers who can give you more information and sign you up.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• 2014 Sudden Oak Death Blitz
• Main Page – SOD Blitz Project

It is clear that we are facing a drought year. Let’s hope we are not facing something a lot worse, like one of those “mega-droughts” you may have been reading about. The National Geographic ran an online article about a week ago with this scary headline: “Could California’s Drought Last 200 Years?” If you want to start grappling with that concept, track down today’s transcript at kusp.org/landuse, where I have posted a link to the National Geographic article.

With or without such a dire prediction as a motivation, it makes sense for all of us to start getting serious about saving water. One neighborhood in Santa Cruz is doing something about water conservation on a neighborhood basis, and it’s pretty inspiring.

Tomorrow, Saturday February 22nd, the Seabright Water Action Group is hosting a free “Water Wise Festival.” The Festival will be held in the heart of the Seabright area, at the Pacific Cultural Center, located at the corner of Seabright and Broadway. It runs from 1:00 to 4:30 p.m., and if you are anywhere nearby, why not check it out? Remember it is free.

There will not only be resource and information tables, but free refreshments and free water-saving devices. Speakers, too, of course, including Sherry Lee Bryan from Ecology Action, Rick Longinotti from Desal Alternatives, and LeAnne Ravinalle, a water conservation professional. I hope you can attend.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• National Geographic Magazine Article On A California Mega-Drought