Regulating Beauty: A Review of Recent Law Journal Literature

Abstract

This bibliography examines periodical literature focusing on the role that aesthetics has played in land use planning and law during the last part of the twentieth century. The bibliography begins by reviewing literature that examines the transformation from regulating aesthetics for health, safety, and welfare purposes to the broadened notion of aesthetics being considered as a valid public purpose in and of itself; ultimately leading to a government’s ability to regulate solely for aesthetic reasons. It then examines literature discussing costs and benefits of enacting ordinances to control the aesthetic quality of an area and discusses literature that argues private efforts, such as conservation easements, will better control aesthetics. Another important topic includes powers granted to governments to regulate cellular towers for aesthetic purposes. The article concludes by reviewing literature discussing the limitations, such as freedom of speech, freedom of religion, and property rights issues, placed on government when controlling aesthetics.