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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
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To: aragorn
"If a homeowner gun owner wanted a guarantee that the hill would remain as is to keep his gun in the car, and park his car on the parking lot adjacent to his place of work, he could have bought the hill parking lot. That way he would be paying for what he wanted, rather than expecting the government to deprive someone else for his benefit."

41 posted on 12/30/2004 3:02:14 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: The Great Yazoo
In my mother's neighborhood, back in the 70's, the guy who owned the land behind her street worked up a plan to develop it - essentially adding a new street where she and her neighbors would have houses in back of theirs. The people on the street weren't real happy about it, and talked with the landowner, who encouraged them to buy the lot behind them. Almost all of them did - the value was still low as there was no access. Once almost all the lots that would have been the lower side of the new street sold at low prices, it no longer made economic sense to him to pay the development costs (streets, water, lights, power, etc) for one side of the street. To date, he has still hasn't developed that part of his land. Individual citizens getting together and spending their own money to get what they want - sweet, isn't it?
42 posted on 12/30/2004 3:50:22 PM PST by Kay Ludlow (Free market, but cautious about what I support with my dollars)
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To: The Great Yazoo
I remember similar analysis being discussed more than 20 years ago when I was in law school.

That explains a lot. As it is, lawyers are the source of the problems with regulatory government, making oodles of bucks selling protection rackets through NGOs. Lawyers get brainwashed too, in fact, they are screened for their predisposition to Statist solutions via the LSAT.

There are practical problems with your proposal, however.

Let's see if you understand "my proposal"...

Assuming a permanent restriction,

...and the first thing you do is set up an un-necessarily restrictive case. You are correct that covenants are exchanged all the time, but that they do not respect changes in valuation. I don't recommend such, but advocate term contracts for services.

As for price, you are forgetting all the other uses of property coincident with selling a viewing contract: habitat, hunting, fuel and watershed management... every one of which is currently the exclusive province of regulatory government. Products, services, responsibilities, and risks that have effectively been socialized by regulatory government.

If the Viewee's land can't be used because of the restrictive covenant, the Viewee's land is no longer an asset but has become a liability (the Viewee must continue to pay taxes on the land).

See above. Further, as I have said elsewhere on this thread, property taxes are, IMO, unconstitutional and have no place in the equation. However, even allowing them from the public good perspective, it beats an open space district or an easement, the "practical problems" of which are legion because they too often involve corruption on behalf of developers.

That raises a question on the other side of the equation. If the purchase price for the restrictive covenant is same as the purchase price for the land (the land's fair market value), why would the Viewer buy only a restrictive covenant and not the full fee simple absolute (full ownership of the property)?

Here again, you are only seeing but two uses: develop or not. You say you understand my proposals, but clearly do not. Need an example?

Who would go into the park business competing against an entity that gets all its assets for free, pays nothing in insurance, can get away with a product in lousy condition, and charges virtually nothing to use it? The very existence of an armed government monopoly in the land entertainment business precludes valuable non-development uses of private property.

Maybe you should understand more about "my proposal" before you criticize it, constructively or otherwise.

Then there's the problem of free riders. Why would Viewer buy the restrictive covenant which is enjoyed not just by Viewer, but also by all of Viewer's near neighbors?

As seller, I only care about whether I get my price for my view. If I do a good job of marketing, then I enlist the wishes of as many potential customers possible to maximize total value. As a buyer, I get to stipulate how that view is managed, who gets to use the place as a park, who gets emergency food or shelter from the provider, etc. As to whether others who derive benefit from the view pay or not, it beats using government to devalue my land by force if people like looking at it. It beats NGOs using government to "protect" something on my property in order to put me out of business for quick sale to a preferred buyer. Once my neighbors were confronted with the choice of raising the cash or watching me do something ugly with it, it's amazing how fast people start to cooperate. I can always put up a fence or plant trees near their property line.

One approach would be to have government buy the restrictive covenant.

As I inferred, a typical statist "solution," incapable of overlaying the kind of dynamic complexity of which I speak.

But why would taxpayers across town be expected to pay for a restrictive covenant from which they receive no benefit?

It's called an Open Space District, and yes, cleaning ladies from across town who never see one much less go hiking, pay for the benefit of developers who build adjacent to an OSD parcel and get to market free park access to their wealthy customers for the price of a contribution. It's ugly, but it's very profitable.

What I've described in this paragraph (your Florida California example) is, in fact, the principal way restrictive covenants are used.

Such is an extremely crude system.

Viewee would have no incentive to sell viewing rights when Viewee is planning to sell the land or develop it, however.

To build or not to build, that is not the question. A seller's decision depends upon a whole array of products that don't exist (viewing being but one) and the best combination of each unique to each place (one of the benefits of markets is that they are capable of such complexity).

Lest you think the legal overhead for such a market too high, I give you automated contracting software. Lest you think trading in risk offsets too complex, I give you hedging software. Lest you think organizing a set of owners managing stopovers in an international migratory flyway business, I give you the Internet.

Obviously, the agreements would need to be adequately documented and would have to be done in such a way as to give third-party purchasers of property adequate notice of the agreements if the Viewer wishes to bind the land.

People selling products advertise to maximize their return and find out what customers want. Government cuts special deals in secret in return for favors from the politically dominant, particularly buying bond debt.

43 posted on 12/30/2004 4:13:32 PM PST by Carry_Okie (There are people in power who are really stupid.)
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To: The Great Yazoo

This is the UN's Agenda 21 - google it and fight it.


44 posted on 12/30/2004 4:17:01 PM PST by lodwick
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To: Luis Gonzalez
Luis,

After several days of introspection and reflection (not necessarily of your arguments, but) of your bottom line, and of what *I* believe, I find that integrity forces me to post this publicly (since my other arguments have been posted thusly):

You are correct. I have no rights on your property.

Therefor, I must also conclude that the Oklahoma law we have been sparring about is indeed a misguided piece of legislation.

FRegards,

aragorn
45 posted on 12/30/2004 5:15:12 PM PST by aragorn (Tag line? What tag line?)
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To: lodwick
This is the UN's Agenda 21 - google it and fight it.

Or read the book :)

Last I googled Agenda21 it gave me 193,000 hits.

46 posted on 12/30/2004 5:42:48 PM PST by Carry_Okie (There are people in power who are really stupid.)
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To: The Great Yazoo; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; amom; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
47 posted on 12/30/2004 7:07:13 PM PST by farmfriend ( Congratulation. You are everything we've come to expect from years of government training.)
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To: The Great Yazoo
Viewee would have no incentive to sell viewing rights when Viewee is planning to sell the land or develop it, however. But that is precisely the time Viewer would most be interested in paying a view fee to acquire viewing rights.

As I see Carry_Okie has already replied, I will just say that the premise, (without going into all the details spelled out in his book) is that players in a property deal include the viewers and potential developers, and regulators (who we are trying to cut out of the mix). The concept may or may not result in no development. The idea is that all the stakeholders can participate directly with the exchange of something of value and the property owner is compensated for his property rather than have the force of government do something that renders his property worth less.

A related idea is that the land owner will want to do what is best for his investment and will take care of the land in a way that is better than government regulation and an attendent breauracucy can do. If development is what is on his mind, then the same capitalist forces will strive in the direction of a development that is in the best interest of the stakeholders, taking into account view and neighbors interest in a better way than council meetings and planning commissions can.

48 posted on 12/30/2004 7:13:58 PM PST by KC_for_Freedom (Sailing the highways of America, and loving it.)
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To: The Great Yazoo

Bump for later.


49 posted on 12/30/2004 8:05:46 PM PST by hedgetrimmer
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To: farmfriend

BTTT!!!!!!


50 posted on 12/31/2004 3:14:23 AM PST by E.G.C.
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To: Carry_Okie
All I am asying is your idea is an old one that has been available for years and hasn't been used because it won't work.

Don't suggest that I favor regulation. I don't and I've probably seen more reasons regulations don't work than most people.

Finally, there are some "problems" that are beyond universal, satisfactory solution. Scarcity of "land with a view" is one (though far from the most important) of them.
51 posted on 12/31/2004 4:17:20 AM PST by The Great Yazoo (Why do penumbras not emanate from the Tenth Amendment as promiscuously as they do from the First?)
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To: aragorn

I've changed my mind on many, many things since joining FR, notions that at one point or another I thought unchangeable.

One of the most difficult things to accept is an unwelcomed truth.


52 posted on 12/31/2004 7:09:00 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: The Great Yazoo
All I am asying is your idea is an old one that has been available for years and hasn't been used because it won't work.

No, that's not all you are saying and you don't know that "it won't work." What I can tell you is that the legal profession, as a whole, has every reason not to let it work. I have treaty law on my side. We'll deal with those artificial legal barriers when we come to them.

Don't suggest that I favor regulation. I don't and I've probably seen more reasons regulations don't work than most people.

Your words and prejudices betray you.

Finally, there are some "problems" that are beyond universal, satisfactory solution. Scarcity of "land with a view" is one (though far from the most important) of them.

That doesn't mean that the "problem" should be solved by government. That you have clearly failed to do the homework shows you are satisfied that the current system works well enough and 'it's too hard' to make such a huge change. 'Just unworkable, 'Can't do it,' etc.

My "proposal" as you call it, has, in fact, never been tried except in manufacturing, simply because the transaction overhead was too great and the data with which to price the risk was not available (of which selling views would be a second or third generation product that I don't find terribly interesting, but there are precedents in controlling photographic rights of famous objects, the famous Monterey Cypress being an example). Now, with sensors, networks, and software and a developing base of completed environmental restoration projects, many of those problems are within reach. The method is directed to deal only with those that are most tractable, and then moves into new markets, superseding regulation, as the system grows and develops the infrastructure necessary to manage those assets and risks in a manner in which we can prove that we can do a better job than the agencies can. We have the legal tools to do it too.

53 posted on 12/31/2004 8:47:51 AM PST by Carry_Okie (There are people in power who are really stupid.)
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To: The Great Yazoo

read later


54 posted on 12/31/2004 8:50:31 AM PST by Sam Cree (Democrats are herd animals)
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To: Luis Gonzalez


"If a gun owner wanted to keep his gun in the car, and park his car on the parking lot adjacent to his place of work, he could have bought the parking lot.
That way he would be paying for what he wanted, rather than expecting the government to deprive someone else for his benefit."

41 Luis Gonzalez





Who is being "deprived" of what; --
-- when an employer is told that he can't infringe on his employees right to carry arm's in their parked vehicles?


55 posted on 12/31/2004 9:18:08 AM PST by jonestown ( Tolerance for intolerance is not tolerance at all. Jonestown, TX)
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To: jonestown
You're being deprived of the right to freely use someone else's property on your own terms, and since you don't have that right, you are deprived of nothing.
56 posted on 12/31/2004 9:41:20 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez

"If a gun owner wanted to keep his gun in the car, and park his car on the parking lot adjacent to his place of work, he could have bought the parking lot.
That way he would be paying for what he wanted, rather than expecting the government to deprive someone else for his benefit."
41 Luis Gonzalez



Who is being "deprived" of what; --

-- when an employer is told that he can't infringe on his employees right to carry arm's in the vehicles they drive to work?
jones






You're being deprived of the right to freely use someone else's property on your own terms, and since you don't have that right, you are deprived of nothing.
56 Luis






Nonsense, -- the employer is unreasonably attemping to deprive employees of a basic right to carry arms.

Our RKBA's is protected by law..


57 posted on 12/31/2004 9:54:14 AM PST by jonestown ( Tolerance for intolerance is not tolerance at all. Jonestown, TX)
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To: jonestown

Nonsense is what best describes your entire argument on this, even your most ardent supporter has changed positions on this.

You have no right to enter my property at all, so if you don't like my conditions, don't enter, and your rights AND MINE are safeguarded.


58 posted on 12/31/2004 9:55:56 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez

Luis, who is being "deprived" of what; --
-- when an employer is told that he can't infringe on his employees right to carry arm's in the vehicles they drive to work?
jones





You're being deprived of the right to freely use someone else's property on your own terms, and since you don't have that right, you are deprived of nothing.
56 Luis





Nonsense, -- the employer is unreasonably attemping to deprive employees of a basic right to carry arms.

Our RKBA's is protected by law..
57 jones





Nonsense is what best describes your entire argument on this ---

You have no right to enter my property at all, so if you don't like my conditions, don't enter, and your rights AND MINE are safeguarded.
58 Luis






You have no 'right' to infringe on an employees right to carry arm's in the vehicles they drive to work.

Our RKBA's is protected by law.


59 posted on 12/31/2004 10:24:02 AM PST by jonestown ( Tolerance for intolerance is not tolerance at all. Jonestown, TX)
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To: Carry_Okie; forester
Just picked this up off the wire and thought it might possibly interest you in some way:

2:21pm 12/31/04

International Paper completes $250M sale of forestland (IP) By Carla Mozee

SAN FRANCISCO (CBS.MW) -- International Paper (IP) said Friday it has completed the $250 million sale of 1.1 million acres of forestland in Maine and New Hampshire to GMO Renewable Resources. International Paper said it has an agreement that will continue the supply of wood fiber to International Paper's paper mills in Jay and Bucksport, Maine. The company also said its Sustainable Forest Technologies subsidiary will provide forest management services.

60 posted on 12/31/2004 12:16:25 PM PST by SierraWasp (Moderates, are just too chicken to commit to any ideal!!! They prefer sophist sophistication...)
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