Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Property rites (Thomas Sowell)
townhall.com ^ | December 29, 2004 | Thomas Sowell

Posted on 12/30/2004 9:19:55 AM PST by The Great Yazoo

When I was house-hunting, one of the things that struck me about the house that I eventually settled on was the fact that there were no curtains or shades on the bathroom window in the back. The reason was that there was no one living on the steep hillside in back, which was covered with trees.

Since I don't own that hillside, someday someone may decide to build houses there, which means that the bathroom would then require curtains or shades and our back porch would no longer be as private. Fortunately for me, local restrictive laws currently prevent houses from being built on that hillside.

Also fortunately for me, my continued criticisms of such laws in this column have not made a dent in the local authorities.

But suppose that someday either the courts will strike down land use restrictions or local officials will respect property rights. Maybe I will be long gone by then and the new owner of this house will be angry at the diminished privacy -- and consequently the diminished value of the house, caused by the building of houses on the hillside.

Would that anger be justified?

The fundamental question is: What did the homeowner buy? And would a change in laws deprive him of what he paid for?

Since the house and the wooded hillside are separate properties, the homeowner never paid for a hillside wooded in perpetuity.

If whoever owns the hillside finds that his property is worth more with houses on it, what right does the adjacent homeowner have to deprive the other owner of the benefits of building on that hillside or selling it to a builder?

True, my house was worth more because of the privacy provided by the wooded hillside. But there was no guarantee that the hill would remain wooded forever. Whoever buys the house buys its current privacy and the chance -- not a certainty -- that the hill will remain wooded.

If a homeowner wanted a guarantee that the hill would remain as is, he could have bought the hill. That way he would be paying for what he wanted, rather than expecting the government to deprive someone else for his benefit.

Many restrictive land use laws in effect turn a chance that someone paid for into a guarantee that they did not pay for, such as a guarantee that a given community would retain its existing character.

In the normal course of events, things change. Land that is not nearly as valuable as farmland as it would be for housing would be sold to people who would build housing. But restrictive laws prevent this from happening.

Such laws help preserve the existing character of the community, at the expense of farmers and others who would gladly sell their land to builders if they had a chance to do so. Because they can't, their value of their land is reduced drastically.

The biggest losers are those families who are deprived of housing and those families who are deprived of the standard of living they could have if they did not have to pay for sky-high rents or home prices due to an artificial scarcity of housing.

The biggest winners are existing homeowners, who see the value of their property go up by leaps and bounds. Also benefitting are environmentalist groups who are able to buy up farmland at a fraction of its value because there are so few alternatives for the farmers.

One of the rationales for such land use restrictions is the "preservation" of agricultural land. But nothing is easier than to dream up a rationale to put a fig leaf on naked self-interest. Far from being in danger of losing our food supply, we have had chronic agricultural surpluses for more than half a century.

Another rationale for laws restricting land use is that "open space" is a good thing, that it prevents "overcrowding" for example. But preventing people from building homes in one place only makes the crowding greater in other places. This is just another fig leaf for the self-interest of those who want other people to be forced to live somewhere else.

Whatever their rhetoric or rationales, environmentalists have no more rights under the Constitution than anyone else -- at least not until liberal judges began "interpreting" property rights away.

©2004 Creators Syndicate, Inc.


TOPICS: Culture/Society; Editorial; News/Current Events; Philosophy
KEYWORDS: blacks; conservatives; constitution; court; economics; economictheory; economy; freemarket; homeowner; landuse; law; laws; liberalcourt; liberaljudges; liberals; property; propertyrights; propertyrites; sowell; thomassowell
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-92 next last

1 posted on 12/30/2004 9:19:55 AM PST by The Great Yazoo
[ Post Reply | Private Reply | View Replies]

To: The Great Yazoo

Or maybe we could all have our own way--the preservationists could see open land preserved, and homeowners chagrined by overcrowding would not have to seek new developments--if we would just STOP ALL THIS IMMIGRATION!


2 posted on 12/30/2004 9:28:03 AM PST by Capriole (the Luddite hypocritically clicking away on her computer)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Capriole

This could not have been said better. Each immigrant uses up 5 acres of land. Where is the Sierra Club on this issue? Counting its money.


3 posted on 12/30/2004 9:33:50 AM PST by henderson field
[ Post Reply | Private Reply | To 2 | View Replies]

To: The Great Yazoo; Carry_Okie

In his book "Natural Process", freeper Carry_Okie proposed land owners pay a "view fee" to the owner of the property they like viewing. This way the property owner of the hillside has some incentive to leave the property undeveloped. T. Sowell, take note.


4 posted on 12/30/2004 9:34:00 AM PST by KC_for_Freedom (Sailing the highways of America, and loving it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: KC_for_Freedom

Interesting thought, much easier than selling, packing up and relocating


5 posted on 12/30/2004 9:36:53 AM PST by apackof2 (Jesus is the Reason....)
[ Post Reply | Private Reply | To 4 | View Replies]

To: The Great Yazoo
If a homeowner wanted a guarantee that the hill would remain as is, he could have bought the hill. That way he would be paying for what he wanted, rather than expecting the government to deprive someone else for his benefit.

What a novel concept.

6 posted on 12/30/2004 9:37:18 AM PST by Sloth (Al Franken is a racist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Great Yazoo
On topic but slightly different. Here in Raleigh NC and surrounding areas (and all across the country) there are people (both elected and not) who are pushing "smart growth" and "green space" concepts. There is a local developer who has been trying to develop a sizable area of land that HE OWNS into a high rise residential and commercial mixed use area. There is a well organized group of residents who live near by that have been fighting it for a long time on the basis of green space and that the development will cause traffic increases and problems for their neighborhood.

One of the leaders of the citizens groups called into a local talk show that was discussing the situation. After several minutes of her rantings the host simply asked her the following question...

"All I am hearing from you is that you want government to do this and you want government to do that. Why don't you and your fellow neighborhood residents pool your resources and purchase the land so you can maintain it as the green space you desire?" The lady's response was "I can't believe you would ask such a thing" and then she promptly hung up.


It is so much easier for people to whine and complain and demand that government do something with someone elses money to meet a want that people like her have than for her and her neighbors to do for themselves.

7 posted on 12/30/2004 9:45:22 AM PST by Phantom Lord (Advantages are taken, not handed out)
[ Post Reply | Private Reply | To 1 | View Replies]

To: KC_for_Freedom
I tried to get Sowell to read the thing, but since I'm not famous and don't have a PhD he wasn't interested. IMHO, while he understands that property rights are important and recognizes the consequences of regulatory government, his understanding of the role of corruption in regulatory government and how property rights and free markets can slowly eliminate the need for regulation is superficial, at best.
8 posted on 12/30/2004 9:48:14 AM PST by Carry_Okie (There are people in power who are really stupid.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: KC_for_Freedom

Great idea!


9 posted on 12/30/2004 9:48:43 AM PST by Tax-chick (To turn the hearts of the fathers to the children, and the disobedient to the wisdom of the just.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: henderson field
Each immigrant uses up 5 acres of land.

Not just that, while every immigrant is an intelligent, sensitive beast, it takes 5 million gallons of water to raise one to the point where they are ready for market; each immigrant passes 50,000 cubic feet of methane into the environment every year, contributing to deadly global warming and destroying our ozone layer. ...Wait. That's cattle. Never mind.
10 posted on 12/30/2004 10:08:33 AM PST by The Spirit Of Allegiance (REMEMBER THE ALGOREAMO--relentlessly hammer on the TRUTH, like the Dems demand recounts)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Carry_Okie

I am surprised, your book was thoughtful and logical and I would think someone would have recommended that Sowell read it, (even it he did not want to take the author's word that he should.) I, like you am not famous, but good ideas tend to get around. I bet eventually it makes it to his desk.


11 posted on 12/30/2004 10:13:35 AM PST by KC_for_Freedom (Sailing the highways of America, and loving it.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Phantom Lord
We have a greenspace fund here in Naples, Florida, comprised of tax money to purchase land to leave vacant. It hasn't been around long enough to assess how it will work.

I voted against it because I predict the program will ultimately result in:

favored landowners dumping undesirable property on the county for prices in excess of those any private purchaser would pay;

favored landowners will have their property values increased because neighboring properties are purchased by the fund; and

urban sprawl of development more broadly across the county.

While the greenspace tax seems a good idea, I'm not sure it is good policy in reality. We'll see.
12 posted on 12/30/2004 10:15:20 AM PST by The Great Yazoo (Why do penumbras not emanate from the Tenth Amendment as promiscuously as they do from the First?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: henderson field; Sloth
Kick the immigrants illegals out and buy the hill --- Standing ovation.
13 posted on 12/30/2004 10:34:18 AM PST by mtbopfuyn
[ Post Reply | Private Reply | To 3 | View Replies]

To: CThomasFan; Libertina; superskunk; presidio9; american colleen; sinkspur; Lady In Blue; ...
PING ---> "SOWELL PING"


14 posted on 12/30/2004 10:48:37 AM PST by alessandrofiaschi
[ Post Reply | Private Reply | To 13 | View Replies]

To: alessandrofiaschi

Thanks for the ping!


15 posted on 12/30/2004 10:49:42 AM PST by Alamo-Girl
[ Post Reply | Private Reply | To 14 | View Replies]

To: The Great Yazoo

SURELY, THIS ONE IS AN ARTICLE TO SHARE WITH OUR FRIENDS.


16 posted on 12/30/2004 10:53:54 AM PST by alessandrofiaschi
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Great Yazoo
You don't want a radical organization like Greenpeace owning any land. Your safety will be in jeopardy, so will your property.
17 posted on 12/30/2004 10:54:51 AM PST by shubi (Peace through superior firepower.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: alessandrofiaschi

Thanks for the ping. Good article.


18 posted on 12/30/2004 11:05:46 AM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: KC_for_Freedom
I bet eventually it makes it to his desk.

One can only hope.

19 posted on 12/30/2004 11:11:21 AM PST by Carry_Okie (There are people in power who are really stupid.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: The Great Yazoo
Every time what would otherwise be a private human action is politicized, as is land use via zoning and environmental laws, we are one step closer to a socialist American nirvana.

Or to a totalitarian hell - take your pick!

A Pascal's Wager for our time. ;^)

20 posted on 12/30/2004 11:15:48 AM PST by headsonpikes (Spirit of '76 bttt!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-92 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson