THE PROMISE OF A PUBLIC COMMONS IN NEW COMMUNITIES IN THE UNITED STATES: TOWARD A QUALIFIED CONSTITUTIONAL RIGHT OF A SUBDIVISION DEVELOPER TO DEDICATE STREETS AND PARKS TO A MUNICIPALITY AS A MEANS TO CHALLENGE LOCAL GOVERNMENT POLICIES REQUIRING PRIVATIZATION OF NEW SUBDIVISIONS AND AS A MEANS TO ENSURE PUBLIC STREETS AND PARKS IN NEW COMMUNITIES

摘要

The privatization of local government in the United States remains a largely invisible issue in the public discourse and in the law. Municipal privatization is effected through the mechanism of municipal land use policy and the compelled establishment of community associations for the purpose of delivering services to residents that customarily were provided by municipalities. In this way, the municipality uses its land use powers to effect a load shedding of traditionally public services onto developers and, ultimately, future residents.