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I don't really know about very many illustrative cases along these lines, but I do know of one.
When a minor league baseball park was built in Altoona, Pennsylvania, the marketers of what used to be called baseball installed speakers and other noisemaking machines that appealed to people whose maturity level was arrested when it got to noise, and never rose up to the level of baseball, common decency, or anything else civilized. It was in a mostly non-residential area, but there were several houses across the street, whose occupants complained right up to civil litigation. The court ruled that the stadium owners had to buy, at market value, the houses within a decibel radius of the ball park. In addition to buying the houses, they were also ordered to allow the previous owners perpetual tenancy at no cost.
The ball club owners were miffed, of course, but they still made money, because there are so many people willing to drive 5 or 10 miles to pay $8 each to sit in a painfully ear-shattering environment for a couple of hours. Whether or not there was a ball game in progress seemed to be of little relevance to them, but apparently, there usually was one.
My details may be inaccurate, this is what I was told by people at the ballpark.
The City of Houston has limited zoning and property owners have more rights in that community than almost anyplace in America. Many people believe that as a property owner you should be able to do just about anything you want to your property.
If you do not like your home, rebuild it without permits
If you do not like the forest in your backyard, clear cut it
If you want to open a retail business in your home, great
If you want to tear down your home and put a 7-11 store instead, good luck it is your land.
What do you think about the concept of total property rights?
In my opinion, the justifications for such planning controls are far greater than the need to protect private property rights. The main problem lies with externalities. The activities of some individuals or groups give rise to spill over benefits and costs to others.
Total property rights, the approach - 'its my land I can and will do what I like', may have adverse environmental, social and economic costs.
Take extreme examples -
'It’s my land I want an incinerator in my backyard beside a crèche of young children - I don’t care about the adverse health impacts it may or may not have on others!'
'Clear cut the forest with the protected specifies - tough their on my land!'
'My home is a listed and protected building which has stood for hundreds of years, ill pull it down sure it’s on my land!'
There are times when I believe planning regulation is too strict, but overall it is there to put society’s best interests first and plan for future development.
As humans we tend to live in the here and now and forget about what our present decisions may have on future years - look at climate change as an example. Planning regulation and planning in general if used correctly is how we can ensure we avoid major mistakes.
of course zoning makes sense and Houston is a horrible example of why the lack of it is wrong. It is a grotesque city that allows any business set up next your own house.
The City of Houston has limited zoning and property owners have more rights in that community than almost anyplace in America. Many people believe that as a property owner you should be able to do just about anything you want to your property.
If you do not like your home, rebuild it without permits
If you do not like the forest in your backyard, clear cut it
If you want to open a retail business in your home, great
If you want to tear down your home and put a 7-11 store instead, good luck it is your land.
What do you think about the concept of total property rights?
Oh man... What if your next door neighbor starts up a pig farm and your other neighbor decides to earn a few bucks by turning his back yard into a nucelar waste storage facility? Hell, it's their right....right?
Zoning is there to protect the little man. It started in the first place during the 19th century to stop robber barrons from putting pollution belching factories and toxic waste dumps wherever they wanted. Big industry had the money to do what they wanted and the average citizen didn't, so guess who profited and who paid the price of that arrangement? Zoning is a GOOD THING!!!
The City of Houston has limited zoning and property owners have more rights in that community than almost anyplace in America. Many people believe that as a property owner you should be able to do just about anything you want to your property.
If you do not like your home, rebuild it without permits
If you do not like the forest in your backyard, clear cut it
If you want to open a retail business in your home, great
If you want to tear down your home and put a 7-11 store instead, good luck it is your land.
What do you think about the concept of total property rights?
"The only reason we need zoning laws is because most people arent considerate of others unless forced to do so." Oh yes indeed. And common decency and respect is few and far between these days! I live in in an unincorporated area, never again...
"The only reason we need zoning laws is because most people arent considerate of others unless forced to do so." Oh yes indeed. And common decency and respect is few and far between these days! I live in in an unincorporated area, never again...
This ^^ is exactly right.
And more broadly, zoning insulates property values. OP, How much do you think a beautiful $500k brick home would drop in value when an adult sex shop decides to open its doors next door? Or a chicken farm? Or a landfill? You may be able to sue for nuisance (assuming you don't want to get rid of nuisance law too) for infringing on your property rights. But that's only after the fact. Zoning prevents this kind of stuff from happening in the first place. There are bigger policy concerns than someone's right to total control of his/her property.
But (at least where we lived in Minnesota) there are COUNTY zoning ordinances, etc. And they are VERY particular about what you do - especially regarding water and septic.
I sold my 15 acre country retreat in Minnesota, because of these restrictions. I was very content with my simple life up there, just an outhouse, compost bins. County told me outhouses were being banned, had to install a $5k septic system, no choice.
Sold!!! Mind you, I didn't even have a water pump, I hauled my water from the river!
Up the highway a bit, cows grazing in the field, deficating/urinating all the over place. And I, as a human being, can't pee somewhere on my 15 acres!!!
Last edited by tijlover; 01-30-2011 at 10:31 PM..
Reason: Add line
The City of Houston has limited zoning and property owners have more rights in that community than almost anyplace in America. Many people believe that as a property owner you should be able to do just about anything you want to your property.
If you do not like your home, rebuild it without permits
If you do not like the forest in your backyard, clear cut it
If you want to open a retail business in your home, great
If you want to tear down your home and put a 7-11 store instead, good luck it is your land.
What do you think about the concept of total property rights?
So can I own slaves on my property? Conduct nuclear experiments there? Play loud music every night until 3am?
Total property rights is fine, as long as it does not infringe on others' rights.
it is an interesting thought experiment. but the fact is that neighbors will have city hall standing-room-only over the prospect of allowing a single duplex in the neighborhood.
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