BB&K In The News

BB&K's Joseph Van Eaton Says What's At Stake for Local Land Use Control

Federal efforts to improve access to high-speed Internet are raising the ire of municipal advocates who say a Federal Communications Commission measure erodes local control over land-use decisions.

Cities and counties say they support expanding broadband infrastructure but argue that local officials should have the final say on issues such as where to place the equipment and how to manager public rights of way.

At issue are underground wire systems and above-ground antenna poles _ some of which can tower as high as 150 feet _ that critics say obstruct scenic views and hurt property values without being vetted thoroughly by local planning authorities.

“Once you go down the road of saying the FCC gets to regulate state and local governments and their activities with respect to land use, you add another layer of regulations and costs,” said Joseph Van Eaton, a partner at Best Best & Krieger LLP.

Van Eaton represents a coalition of groups _ including the National League of Cities, the International Municipal Lawyers Association and various cities and counties _ in a suit over what many see as the latest overreach by the federal agency.

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