Matt Welch | October 5, 2005
From UPI:
RIVIERA BEACH, Fla., Oct. 4 (UPI) -- Officials of a poor, predominantly black Florida town plan to relocate about 6,000 residents to make room for a billion-dollar yachting and housing complex.
The coastal community of Rivera Beach in Palm Beach County may use eminent domain, if necessary, to claim 400 acres of land for the project, The Washington Times reported Monday.
"This is a community that's in dire need of jobs, which has a median income of less than $19,000 a year," Mayor Michael Brown said. "If we don't use this power, cities will die."
Link via Jeff Goldstein.
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6,000 living residents is more of a "city" than a yachting
complex, isn't it?
At least that's what Bill Bennett told me.
The town located just a few miles north of me (pronounced "ra-VEE-ra beach" by the locals) is certainly no glamorous Riviera, but I wonder how knocking down their houses to create jobs cleaning yacht toilets will improve their lives.
The town appears to be surrounded by a bajillion other towns - are there no jobs in those other towns?
Sure the other towns have jobs, Rhywun, but the officials of Rivera Beach can't tax those jobs! Don't forget what's important, man!
I just found Hakluyt, Ralphus, TJ and Kahn. They're still arguing on the wall between church and state thread. Talk about your Everready Bunnies.
I just found Hakluyt, Ralphus, TJ and Kahn. They're still
arguing on the wall between church and state thread. Talk about
your Everready Bunnies.
I think I need to avoid any thread related to religion. They always
seem to devolve into slugfests between certain regulars.
Nobody likes giant, 6000 person complexes. Soulless, dehydrated
insta-neighborhoods. Blech. You get better street design, and some
actual local color, if you poke around and sqeeze discreet uses in
and about. Leave plenty of old houses. Which fits in nicely with
the concept of buying out that portion of the owners who want to
sell, and leaving the people who care the most about staying in
place.
There are two reasons why cities don't do this. First, developers
can get more bang for their buck with a clean slate. Economies of
scale. (Of course, it is this scale that trashes the streets'
character). Second - the cleansing of undesireables.
I'm not going to trash this yet, without seeing the particulars,
but it sure has my antenna up.
If enough city governemnts can "displace" enough housing units to create a permanent mobile population seeking to "relocate" elsewhere - and provide them with enough welfare and food stamps to keep them from starving or otherwise getting much media attention - could we essentially put all our blight and poverty on wheels to improve the urban landscape and artificially increase local (and national) statistical indicators reflecting our "quality of life"?
This after something similar was done in nearby West Palm Beach.
They condemned the properties to build an upscale, Disney-like
insta-neighborhood called City Place. I've been there. One does not
see many black faces in the crowd.
http://www.newurbannews.com/EminentDomainSep05.html
I heard the Mayor on the radio this morning, debating a resident who was not happy about this. He said they would build new houses inland. They would be better houses too. Of course this does nothing to address why these people have a median income of $19,000 annually.
If they stay the site would be perfect for a garbage burning, I mean waste-to-energy plant. I know this to be true and I don't even know where this place is. As long as they're going to have an incinerator may as well toss in a wastewater treatment plant. What can we do? Our hands are tied.
I wonder if they tried to negotiate with the residents first, or if they've simply copped out and used ED as a first resort. The article doesn't cover it.
Fence, fence, I'm thinking fence here. No, safety latticing! Come on, work with me, people, work with me.
So, who among the racially sensitive, bleeding heart libertarians on this thread, outraged by the dislocation of a community, wants to see payments made when renters are displaced when their building's owner sells his property to a developer?
Rhywun-
It's even worse than you think. Einstein's merits have been called
into question on that thread!
So, who among the racially sensitive, bleeding heart
libertarians on this thread, outraged by the dislocation of a
community, wants to see payments made when renters are displaced
when their building's owner sells his property to a
developer?
I'm not sure what you mean, joe. Does a developer have to honor
these lease agreement by the previous owners, or can he evict from
day one? If he can evict, he should be required to cover moving
expenses.
"....when their building's owner sells his property to a
developer?"
Um, selling property voluntarily and stealing it are two entirely
different concepts joe.
"This is a community that's in dire need of jobs, which has
a median income of less than $19,000 a year," Mayor Michael Brown
said. "If we don't use this power, cities will die."
IOW move these shiftless shonks off the coast, where we can build
neat stuff, into the city where there are plenty of $19K jobs for
them.
Eminent Domain banks on the same stupidity as a woman who would be a mistress: if they can cheat someone for you, they can cheat you for someone else. Yacht'ers beware.
I will;
A lease is a contract between the owner of a thing and the renter.
If the renter is guaranteed use of the property for a period of
time by the contract, then the owner is obligated to meet that
commitment. So, in theory, the owner could close the sale after the
tenant's lease runs out, or obligate the new owner to honor the
contract, or to enter into negotiations with the renter to arrive
at a deal that voids the existing contract.
Now, if the contract has a clause allowing the seller to exit the
deal at their discresion, the renter is SOL. I personally don't
recommend signing such agreements, but if one is desperate for
housing, an escape clause might be worth a reduced rent. It depends
on one's circumstances and needs.
Of course, this is all theoretical. From my memory, rental
contracts tend to be heavily regulated by local governments, and
I'm sure that this regualtion provides various parties with various
privileges and oligations. I am wholly ignorant of what they might
be.
So, in answer to your question, Joe, if the sale and eviction
violates the rental agreement, I will speak out against it. If not,
I won't. I don't like to insert myself into other people's
business.
OOPS, I deleted the statement, "If the owner can't accomplish
these things, he can't sell the property."
Please insert that between the first multi-sentence paragraph and
the second.
David, if I remember correctly from property class, someone who
purchases an apartment block cannot summarily evict the current
leaseholders (subject to statute of frauds provisions governing
leases). Basically, the lessor cannot convey an estate that he does
not have, and by leasing out apartments, he has given up certain
rights to those leaseholds for a period of time.
But, since i'm still only a law student, any actual lawyers feel
free to correct me. ;-)
I guess I'm cynical on this one, but the first thing I thought
was that they are doing this to raise the quoted median income...by
moving the poor people on the low end of the scale out of
town.
Ta da! Instant median income increase!
And hey, maybe the people who don't have jobs disproportionately
live in those houses to be razed. Then they've just taken care of
the unemployment problem, too! It's like old mathemetician jokes:
"I define THIS AREA as the town".
NCCUCJ,
If that's the case, then those evicted are in no different shape
than I'd be in were my landlord decided not to renew my lease and
it's end. Except that they'd might have more advance notice. I
can't see requiring a payment in that case. Not that I would mind
recieving one. :p
Don't beat around the bush, joe. You know damn well "Relocate" means "we pay you what we think you should take". It's never what the seller decides - then there wouldn't be any need for ED in the first place.
"Um, selling property voluntarily and stealing it are two
entirely different concepts joe."
Gosh, you think his comments about racially sensitive libertarians
might be been a wee little clue that he was being skeptical of
y'all's sudden display of love for the downtrodden poor black
folk?
it's always funnier when you explain it
Gosh, you think his comments about racially sensitive
libertarians might be been a wee little clue that he was being
skeptical of y'all's sudden display of love for the downtrodden
poor black folk?
"Sudden?" I didn't know this was the first-ever thread where
regulars protested the use of ED to take property away from poor
people and hand it over to a large corporation (or wealthy yacht
club).
I didn't take anyone's property. And I also resent having erectile dysfunction named after me.
Jennifer, it's M1EK. The most (only?) objectionable
thing he can find in this whole matter of 6K people being moved to
make way for a yacht club and condos is that some libertarians
suggested that the local government may have targeted these people
for being poor and black.
What answer to that is necessary?
MIEK,
Let me try and spell it out for you: joe seemed to be trying to
equate the the displacement of residents via emminent domain
(theft) and the displacement of tenents in a rental property (not
theft). As tarran described above, one cannot just throw tenets out
if they have a signed lease (the exact details all depend on the
lease agreement). Again, an individual selling his property
voluntarily is completely different from having it taken from him
via ED.
"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door...oh I almost forgot I want
your property too."
Gosh, you think his comments about racially sensitive
libertarians might be been a wee little clue that he was being
skeptical of y'all's sudden display of love for the downtrodden
poor black folk?
Uh, yeah, I think everyone, including those who responded to him,
know exactly what he was saying. As matt pointed out, there was a
legitimate distinction to me made. But thanks for the explanation.
It's always funnier when someone thinks they need to explain
it...
At any rate, it's hardly a sudden love for the "downtrodden poor
black folk" - it's a love for the individual person and a desire
for individual liberty whether the individuals be "poor downtrodden
black folk" or otherwise. Only a view of people which denies their
individuality and instead treats them as simple members of a group,
either sufficiently aggrieved to merit sympathy or not, could
result in skepticism of a libertarian's principled response to this
type of issue.
"Um, yeah, we'll give you assessed value for your house after we
force you to hand it over." So not only will we take your home,
we'll likely pay you less than FMV for it in the process.
In my neighborhood, the county just re-assessed, and the newly
assessed value is still only 85% of what I paid for the house 2
years ago. I'm not complaining when tax time comes, but if they try
to take my house through ED, I'm raisin' hell.
Y'all have the sense of humor and self-awareness of the average
skink.
Once again, for the record, Joe appears to have found it funny how
a crowd which normally hates even mentioning race and/or economic
status can't mention it quickly enough when it helps add emotional
heft to their argument on THIS case. It makes you wonder how
sincere y'all are. That's all. As in when the Bush administration
cites environmental benefits of some action they're trying to
take.
Hint: I oppose this use of eminent domain, as well as Kelo; hell, I
oppose almost all use of eminent domain, including most of the ones
which really ARE public use.
matt,
Let me try to spell it out for YOU:
If you profess to think that this ED action is horrible partly
because the residents are poor and black and thus don't have much
power to stop it, or much ability to go somewhere else when it
happens...
then you ought to also be professing that this other private action
(landlord evicting with little notice because he sold to same
developer) is horrible. You see, either the eminent domain action
is horrible REGARDLESS of the race+economic status of those
removed, or the race+economic status helps MAKE it horrible.
If the former, you ought to shut the hell up about it and oppose
this ED action purely on principle. If the latter, you ought to be
pretty darn mad at the landlord in the private case too.
Eric the .5b,
You're a real ass, you know that? Did you learn that school of
argument directly from Rush Limbaugh or what?
"Um, selling property voluntarily and stealing it are two
entirely different concepts joe."
That whoosh you just felt in your hair, matt? Don't worry about
it.
As for the rest of you, thank you for turning into bloodless
contract lawyers on command, and demonstrating the phoniness of
your ginned up compassion for the poor. Hey, man, no deed? You're
SOL. Wait a minute, you OWN that apartment house? "We Shall
O-ver-co-o-ome..."
"At any rate, it's hardly a sudden love for the "downtrodden poor
black folk" - it's a love for the individual person and a desire
for individual liberty whether the individuals be "poor downtrodden
black folk" or otherwise." Yes, Brian, it is a
property-liberty-blabbedy blah blah, and the race- and class-laden
language is the most transparent of ploys.
d
Assessed value is not the same as appraised value. Most localities
do not tax the value of the land you house sits on.
The interesting thing is that most ED takings pay more than the
property would get on the market. That is (in FL at least) the
offer from the govt will be higher than any willing private buyer
would likely offer*.
The problem is, of course, for a transaction to occur there must
also be a willing seller. Most owners
place a much higher value on their property and "hold out" for
other than economic reasons.
*This adds the additional odious feature that the land land is then
resold by the city to the developer at his price thereby making it
a subsidy on top of a theft.
Well, I think everyone is opposed to it regardless, M1EK.
(Accept joe...there may be a legitimate reason to joe after he
reads the particulars, apparently. Not to knock him, but he's more
'liberal' about ED than most of us.)
But because race/socio-economic status may be a part of it, why
should we shut the hell up about it? A landlord evicting on short
notice is not a problem if the contract states that he can. If the
contract doesn't state such, than I would be upset at the landlord,
too. The only reason "us" libertarians bring up the race angle is
because others seem to do it, too, in other circumstances. And if
we didn't, you'd probably take us to task for not realising that
the folks are poor, down-trodden individuals because we're all a
bunch of selfish pricks.
Libertarians: This is horrible! This is racist! This is ethnic
cleansing! They want to hand over this historic black neighborhood
to developers and evict the people who've put down roots here, just
so that some rich white developers can get rich by turning it into
a wealthy white enclave!
Developers: Hey, great news! We reached agreements with all the
owners! We aren't going to have to use any eminent domain at all to
evict these lowlifes!
Libertarians: Yahoo! Hey, beat it, Tyrone! (Pulls off mall-bought
dashiki) Here, wrap your shit up in this, you're standing in the
way of progress.
Remember, it's about social, economic, and racial justice.
"A landlord evicting on short notice is not a problem if the
contract states that he can."
In the real world, getting booted from your month-to-month
apartment (the one you stayed in because it's the only one you
could afford) is very much a problem for the people who have to
upend their lives. Not that you care, obviously.
"But because race/socio-economic status may be a part of it, why
should we shut the hell up about it? A landlord evicting on short
notice is not a problem if the contract states that he can."
And if it just so happens that all of those folks stuck in those
crappy rental contracts are the same poor black people we just
pretended to care about a moment ago, well, how inconvenient for us
now, huh?
God would forgive a person who stole yacht that was parked on property stolen from someone else. He works in mysterious ways.
Actually,although it was mentioned in the original quote from UPI, no big deal was made of race/socio-economic status until joe brought it up.
Of course not, Isaac. The race and class-laden language from the story was only cut and pasted to serve as the lede in the blog post. And the language about poor black people cleaning up yacht owners' shit? That was totally me posting under other people's names.
And the language about poor black people cleaning up yacht
owners' shit?
There you go again. :)
I interpreted that as ed pointing out that the likely lack of
improvement in anyone's life (except the developers) as a result of
this.
To quote ed: "...but I wonder how knocking down their houses to
create jobs cleaning yacht toilets will improve their lives."
Irony, anyone.
joe, my man, you live in a country founded on (a) property
rights and (b) voluntary interactions. These concepts seem
strangely absent from your musings:
As for the rest of you, thank you for turning into bloodless
contract lawyers on command
I don't do it on command, I do it by reflex (and for damn good
money, too). The law student above has it right. The sale of the
apartment building does not affect any tenant's right to stay in
their apartment.
So you whole hypothetical fails from the get-go.
Hey, man, no deed? You're SOL.
Yeah, owners have more rights than tenants. There's a shock. And
why do they have more rights? Because they voluntarily acquired the
full bundle of property rights, for big bucks. The tenants
voluntarily paid far, far less (literally orders of magnitude) for
much more restricted rights. I personally don't see the injustice
in giving people what they signed up for, and paid for.
joe,
Only what you (and M1EK) are attributing to libertarians wasn't
said by anyone on this thread!! Our concern for people
being forcibly evicted by e.d. is that they are human beings being
forcibly evicted.
Speaking only for myself, the fact that they are poor does make it
even more sad, even if it does not affect the principle of that
matter one iota.
If my building owner were to suddenly kick me out of my apartment, I would expect a big fat check for at least $2,000 to cover the fees a real estate broker will charge to find another apartment. Oh, and a another few hundred for moving expenses. Otherwise, I'm OK with it. However, I don't believe the owner could get away with it as the laws are quite renter-friendly here. At least, I've never heard of such a thing happening.
The race and class-laden language from the story was only
cut and pasted to serve as the lede in the blog post.
Wow, yeah, man, that Matt Welch, what a race-baiter. How 'bout he
just cut and pasted the first fucking paragraph of the
story?
"The race and class-laden language" was straight from UPI.
"If the former, you ought to shut the hell up about it and
oppose this ED action purely on principle."
Jesus Bloody Christ M1EK, I DO oppose it on principle. Did you read
my previous post?
"Hint: I oppose this use of eminent domain, as well as Kelo; hell,
I oppose almost all use of eminent domain, including most of the
ones which really ARE public use."
I'm honestly shocked, but glad to hear that.
And for the record, I don't think the developers or the local
government doing the stealing are necessarily racist. These people
just happened to be located on land that developers want and that
"local officials" are apparently glad to give them.
You're a real ass, you know that? Did you learn that school
of argument directly from Rush Limbaugh or what?
Well, I am hopped up on drugs at the moment (had to take my
antivert this morning). But thanks for making me giggle and
affirming my poor opinion of you.
As for the rest of you, thank you for turning into bloodless
contract lawyers on command, and demonstrating the phoniness of
your ginned up compassion for the poor.
So, joe, you've said you support the concept of welfare. If anyone
asked if you would commit muggings in order to give the proceeds to
desperately poor people, would you turn into a bloodless
constitutional lawyer and talk about the distinction between theft
and taxation?
So, who among the racially sensitive, bleeding heart
libertarians on this thread, outraged by the dislocation of a
community, wants to see payments made when renters are displaced
when their building's owner sells his property to a
developer?
Never. Not even if it was part of the rental agreement or if the
landlord sold the property out from under them before a lease was
up. At least not if the displaced folks were, you know,
black. Or poor. Poor is almost as bad as black.
"At any rate, it's hardly a sudden love for the "downtrodden
poor black folk" - it's a love for the individual person and a
desire for individual liberty whether the individuals be "poor
downtrodden black folk" or otherwise." Yes, Brian, it is a
property-liberty-blabbedy blah blah, and the race- and class-laden
language is the most transparent of ploys.
Because, God knows, libertarians are racist bastards who cross
their fingers whenever they hear about bad things being done to
black people, in hopes that the government wasn't involved so that
they don't have to pretend they mind.
According to joe:
Homeowner is to local government as tenant is to landlord.
If you cannot wrap your mind around that idea, then you cannot
understand joe's POV.
"joe, my man, you live in a country founded on (a) property
rights and (b) voluntary interactions. These concepts seem
strangely absent from your musings." No, not absent. They're just
not the only factors that matter.
"I don't do it on command, I do it by reflex (and for damn good
money, too)." Yes, I'm sure you do.
"The law student above has it right. The sale of the apartment
building does not affect any tenant's right to stay in their
apartment." And of course, that's all that matters, with any
complaints about the race and class implications being so much
camoflage.
"So you whole hypothetical fails from the get-go" Uh, no, you just
proved my point, actually.
"And why do they have more rights? Because they voluntarily
acquired the full bundle of property rights, for big bucks." Hey,
man, as long as the people with the big bucks are ok...
"According to joe:
Homeowner is to local government as tenant is to landlord." No,
obviously not.
But a guy getting kicked out his home is a guy getting kicked out
of his home.
Eric, I don't think libertarians are racist bastards. Most of
'em, anyway. I think the vast majority don't care about race, or
economic status, one way or the other.
Which is why it comes off so phoney when you try to dress up as
Martin Luther King.
Yes, Isaac, "The race and class-laden language" was straight
from UPI.' Of the thousands of redevelopment plans involving
eminent domain that make the papers each day, Reason picked the one
that puts race and class issues front and center. What are the
chances?
They really need to start teaching media skills in the schools.
"Second - the cleansing of undesireables."
joe,
After we gentrifiers do some regular cleansing of undesirables,
they won't be so undesirable. They'll smell sweet.
Do you sense some city-planning potential in me?
Seriously, can we all agree government is on the side of those
paying for it, and they ain't the "undesirables," by definition,
just like certain drugs are undesirable by definition.
My own, personal answer to this conundrum is, you guessed it:
anarchy.
If the guy is a renter, then it's not his -- it's the owner's. Emotional baggage associated with the word "home" (vs. "house", "apartment", etc.) notwithstanding.
Ruthless, "After we gentrifiers do some regular cleansing of
undesirables, they won't be so undesirable. They'll smell
sweet.
Do you sense some city-planning potential in me?"
Dude, you'll never get a planning degree with an attitude like
that. Well, maybe in Texas...
Lazlo, isn't "emotional baggage" that people have for their
property pretty much the only thing that makes the payment of fair
market value insufficient in estimating the value of a property
taken through eminent domain? Isn't that what Isaac means by "Most
owners place a much higher value on their property and "hold out"
for other than economic reasons?"
Or as my mother used to put it when I was little and carried some toy around a store hoping she would buy it when she saw what a sweet little tableau I was acting out... "Don't get too attached to that; it doesn't belong to you and you're going to have to give it back."
Joe, the issue-at least for me-is that I support restrictions on
government largely because I expect government malfeasance to screw
over the poor and poorly-connected (as well as the innovators and
revolutionaries, but that is, for the most part, a different and
disjoint set). When the government screws over rich, well-connected
heirs, or the upper management of large, inflexible companies, or
something, I'm annoyed but not grossly offended; but for some
reason I can't quite put my finger on, that doesn't seem to happen
too often. If the government decided to use Eminent Domain to buy
out all the steel-processing plants I'd be upset, but if you don't
count the precedent-setting effects, then I suspect that would be a
net benefit to the country (we wouldn't have to worry about
subsidizing them or imposing tariffs for them, among other things).
But that's not what happens. So in some sense, I'd see this case as
paradigmatic: it exemplifies the pitfalls of granting governments
large amounts of discretionary power over their citizens.
And I do see a major difference between this case and the case of
the landlord/tenant: I think it would be horrible for tenants if we
required landlords to pay all evicted tenants. Presumably if you
rent an apartment under a lease that allows your landlord to kick
you out with little-to-no notice (as several other posters pointed
out, these probably aren't the norm), it's probably either because
the lessened rent is worth it to you, or because you can't get an
apartment under other terms. The sets of people fitting that
description are the ones who would be hurt by your hypothetical
rule, and I bet very few of them are in the top quartile of the
income distribution.
On the other hand, I suspect you know, or at least have considered,
this; and your point about typical prejudices is a good one. Still,
I think our prejudices are largely right; and "it's their property,
damnit" is often a shorthand for all the negative consequences of
social rules which make "it" not "their property."
Of the thousands of redevelopment plans involving eminent
domain that make the papers each day
Oh yeah...and how many of these get picked up by an International
news organzation, and thus are easy to point to?
Yeah joe, it pisses me off when government runs amock. It pisses me
off even more when it runs amock over relatively defenseless
people. The issue is a matter of force over free will. If I'm rich,
then I can maybe put up a fight against the force of goverment.
What the government is doing is still wrong, but at least the
victim has some ability for self-defence. Someone who is poor has
little or no ability, so the exercise of force is even more
tragic.
If a poor person gets evicted by their landlord, then yes, I have
some sympathy for their plight. But if they entered into the lease
under their own free will, then even if it may be disheartening,
and even if I think that it is proper to be charitable to help them
out, it is not a violation of my principles of cooperation within a
free society. However, the improper exercise of force is a
violation of this principles, and is a tragedy of justice.
If you want to keep being a race baiter, go ahead. If you want to
remain blind to the fact that the most likely reason this story
made an international news feed was BECAUSE of the liberal media
focus on issues that have any inkling of race, go ahead. But if you
want to keep slandering us without cause, then piss off.
Jadagul, obviously, payments to tenants by landlords is
unworkable. The impacts on the supply of rental housing would be
severe. I just brought it up as an intellectual exercize.
However, on further reflection, I've never seen the "I hate to see
defenseless people get screwed over by the government," bleeding
heart libertarians suggest that renters should be compensated when
the building they occupy are taken by eminent domain. A guy who
buys an apartment house for $100,000, and has it taken four years
later for "only" $200,000 - that works libertarians heartstrings.
The poor people who live in that building? Fuck em. All the threads
about eminent domain and the poor, and believe me, I've read them
all, not a single bleeding heart libertarian has ever brought that
up.
So you can see why the Woodie Guthrie act gets a little
grating.
"No, obviously not.
But a guy getting kicked out his home is a guy getting kicked out
of his home."-joe
No, it is not obvious. For the situations to be morally comparable,
one must consider that the tenant renting his place has an equal
right to his home as the person who owns his home outright, and
that the government has an equal claim on the homeowner's property
as the landlord does on his rental. Without stipulating that the
landlord is violating his contractual obligations, a tenant does
not have a similar claim to his home as an owner. Therefore, the
tenant losing his home does not provoke similar outrage to
homeowner being forced to vacate his property, nor should it.
No, it is not obvious, at all.
"So you can see why the Woodie Guthrie act gets a little
grating."
So, it's the libertarians who are putting on the Woodie Guthrie act
on here? Ok.
That is really an unfortunate thing for you to say in front of
anyone with a brain.
"I've never seen the "I hate to see defenseless people get
screwed over by the government," bleeding heart libertarians
suggest that renters should be compensated when the building they
occupy are taken by eminent domain."-joe
Who is supposed to be paying the tenants in this situation? If it
is the government, I personally don't have much of a problem with
that in principle and within reason. If you are suggesting that the
landlord pay this out of what he received from his forced sale,
then I suggest that is adding insult to injury, as he was unable to
meet his contractual obligations to his renters through no fault of
own.
Joe: what speedwell's mom said. Someone losing their home can be a sad thing, but there's an huge difference having something you own taken away from you and having something taken away that you knew was never really yours in the first place.
Eric, I don't think libertarians are racist bastards. Most
of 'em, anyway. I think the vast majority don't care about race, or
economic status, one way or the other.
Which is why it comes off so phoney when you try to dress up as
Martin Luther King.
So, if people don't loudly adopt something like your ideas on race
relations, disadvantaged groups and how to improve the lots of
both, at best they don't care. If they venture such an
uncontrovercial premise as poor members of a minority group are
the easiest people for a government to screw, they're putting
on a show.
Either way, they can't win with you. Thank goodness that's not a
priority.
However, on further reflection, I've never seen the "I hate
to see defenseless people get screwed over by the government,"
bleeding heart libertarians suggest that renters should be
compensated when the building they occupy are taken by eminent
domain.
I've also not seen much in the way of angst about subcontractors
painters losing money on work they wanted to do on houses that got
taken. Or plumbers and electricians, for that matter. Or all the
consumers who lose out because a store they frequented got taken.
Or the kids who can't play in the vacant lot that was taken.
Or...
Or a million other things. I certainly haven't seen any angst on
your part about either renters or any of the other people
I mentioned.
To put it more bluntly, I do hate seeing defenseless
people getting screwed by the government.
Don't believe me?
Take a flying leap.
joe, like you, I do get bothered by the idea of people suddenly
and precipitously having to find shelter, especially when poverty
severely restricts their options.
However, I feel that you are to ready to turn to violence to soothe
your troubles.
You have stated that the renter is losing "their" home. Taken
literally, this is a false statement since the renter, by
definition, does not own the home. However, I think what you are
really trying to state is that the renter is losing access to
shelter, and you are quite correct in finding this
objectionable.
If homes were a widely avaliable resource, I expect that this
scenario would not bother you. For example, nobody frets about a
convenience store suddenly refusing to stock milk. Milk is
relatively plentiful, and if one supply suddenly dries up,
generally another one is available that is as easy to access.
Housing, though, is not like milk - the major difference being that
the supply is less elastic and less plentiful.
I too live in the Boston area, and I am directly affected by the
shortage of shelter here. However, the answer to this problem is to
deal with the root cause, the factors preventing production of new
houses to meet the demand, not to violently force owners to provide
others access to their property.
Our housing shortage is simply the product of laws and regulations
that inhibit the construction of new units. Since few new units can
enter the market, production of housing is not permitted to meet
the demand. Thus, as in any shortage, prices go up until the number
of those willing to pay for the good equals the number of units
available.
In my town, a developer's attempts to convert land zoned for single
family homes into condominiums and rental properties that would
provide housing for more people has been held up for years by legal
impediments by people afraid of change. There are serious
restrictions to building houses on land where there was no housing
before. Much of the unused land in the vicinity of cities in
Massachusetts, and there are literally thousands of acres within 10
miles of the Boston city limits, is owned by the state, which is
another way of saying is owned by no one, and will never be made
available for development.
This problem is the creation of government interference in the
right of people to use their property as they see fit. The solution
is not more government interference, but to loosen control, to
allow people to build on their property, to decide how to use it. I
recognize that there will be some degree of state interference
throughout my lifetime; the state monopolies on most utilities
alone require it.
But under the current regulatory climate, those that control the
state have made it perfectly clear that they value "property
values", "nature preserves", "the culture of the town" over
allowing people to find shelter.
And, as usual, the people with the fewest resources to buy
influence with state officials get the shaft.
There's a nice symmetry between this and the new Scripps
research campus going up 15 minutes to the west. That one is a case
of the governor engineering a deal to pay an agribusiness owner
well above market value for the land and hand it over to Scripps
and its allied developers for peanuts plus big tax
abatements.
Why that project couldn't have been put in some high-rise office
buildings (or repurposed abandoned K-Marts and Winn-Dixies)
someplace like Riviera Beach, which has relatively cheap real
estate, plenty of infrastructure in place, and all that, is beyond
me. As part of the West Palm metro area, it's a pretty quick
commute from a wide variety of housing, from downtown apartments
and the existing suburban sprawl to the semi-rustic, horsy areas a
little ways out. It's along the FEC freight rail corridor, which
will inevitably get commuter rail on it, connecting all the
downtowns from Jupiter to Miami.
But that wouldn't provide an excuse to open a dozen or so square
miles of greenfields to new sprawl development, something that
benefits the governor's developer cronies and further interferes
with efforts to repair the Everglades, which had damned well better
get fixed if anyone is serious about shielding all this sprawl from
serious drought.
"In the real world, getting booted from your month-to-month
apartment (the one you stayed in because it's the only one you
could afford) is very much a problem for the people who have to
upend their lives. Not that you care, obviously."
Also joe, in the real world, people who don't get fancy government
and big corporation pension plans often rely upon real estate
investment for their retirement income. Having a tenant who doesn't
pay his rent means no retirement income. In the real world, that
is.
Yeah, Joe, I don't know how much we substantively disagree on
here-although I suspect I'm painting ED with a slightly broader
brush than you would. But I'll refer you back to my original
comment that our pro-property prejudices either are or should be a
shorthand for all the obvious negative consequences of governments
that go around swiping people's property. My imediate reaction to
the situation you describe would be to complain about the violation
of the landlord's property, it's true. But your scenario actually
demonstrates why ED is bad, even assuming that ED-ing the guy's
property has no impact on housing markets, and that the landlord is
rich enough and/or gets a good enough price that he doesn't
mind.
The system of private property works because of a web of contracts;
one of the key libertarian insights, which I believe Hayek points
out in Road to Serfdom, is that knocking out a few elements of this
web can substantially weaken other parts of the web. The renters
wouldn't be in the situation you describe if we hadn't seized the
landlord's property: because of the lease contracts he's signed, he
(presumably) can't just up and evict all his tenants for no reason.
Should he sell the property to another landlord, the new landlord
is still bound by the lease agreements. But when the government
seizes the building, it places itself under no such restriction.
One possible solution is to require the government to provide
compensation to the tenants, or to keep the apartment running until
leases run out, or some other such nonsense. My solution would be
just to ban ED under all but the most egregious circumstances, and
thus prevent the undermining of the contractual web in the first
place.
"jdog",
Interesting that wWcaused to renters when they're booted with 30
days notice under a month-to-month lease arrangement, you assume
they're being booted for failure to pay rent. Actually, Joe's just
talking about landlords booting people with 30 days' notice because
that's the minimal notice they need to provide under the contract,
and the heck with tenants.
Here in lovely Florida, in fact, standard rental law is now even
worse: a landlord can still evict a month-to-month tenant with 30
days' notice, but a tenant who wants her/his security deposit back
(or the portion thereof that the landlord is willing to turn over)
has to give the landlord 60 days' notice.
Lazlo, don't type faster. The extra time comes through in making
yor point better.
"Joe: what speedwell's mom said. Someone losing their home can be a
sad thing, but there's an huge difference having something you own
taken away from you and having something taken away that you knew
was never really yours in the first place."
I agree that there is a difference, but it would seem to be a
difference in degree, rather than in kind. I've seen libertarian
wail about on this site about takings, such as the taking of
commercial properties owned by investors, that are much less
personally disruptive than being booted from your apartment when
you've got limited opportunities to begin with.
Big, fat, huge, crazy, mad props to tarran - the first
libertarian, in the five-odd years that I've been reading this
site, to come forward with a criticism of the single greatest
government interference with the housing market, snob zoning.
You are absolutely right about the root cause here. However, I take
exception to your characterization that "those that control the
state have made it perfectly clear that they value "property
values", "nature preserves", "the culture of the town" over
allowing people to find shelter." These towns are now weighing
those concerns agains the housing needs of the non-rich, and
settling at an unwise balance. They are actively hostile to the
concept that they have a responsibility to the housing needs of the
non-rich. It would be entirely possible to protect property values,
provide sufficient open space, and preserve community character,
while still allowing for adequate housing construction. They aren't
trying to do this and failing - they are actively working to keep
"those people" out of their towns, and succeeding.
Also, tarran, the Commonwealth is making large amounts of its land available for development, and insisting that it be used to provide the sort of naturally-affordable housing that is being shut out by the suburbs. And, I gotta hand it to him, it is Republican Mitt Romney who is taking the lead in this.
Big, fat, huge, crazy, mad props to tarran - the first
libertarian, in the five-odd years that I've been reading this
site, to come forward with a criticism of the single greatest
government interference with the housing market, snob
zoning.
I told you I was against it, and I believe others did too. But to
make more of a noise about it than other types of zoning
would fulfill your charge that we're pretending to be on the side
of the poor when in fact we're on the side of the property owner,
whatever his station in life.
You don't make more noise about it, fyodor. You make far, far
less.
But yes, it is true, inside threads about everything except the
biggest elephant in the room, I have been able to squeeze some of
you into admitting that snob zoning is bad.
This is just the first time one I've seen one of your bring it up
unbidden.
joe
Zoning (period) is one of the many restrictions that libertarians
in general oppose. Just as we do not bring up drug legalization in
an ED thread or non-interventionist foreign policy in a discussion
on Social Security we don't bring up zoning unless the thread
is about zoning.
Perhaps, Joe, some of us just have less background knowledge
than you do? It certainly wouldn't be shocking.
I find snob zoning terribly offensive, but it's not necessarily on
my radar any more than a whole bunch of other things I'm offended
by but only peripherally aware of are. I honestly don't know much
about the specifics of zoning regulations, and have no clue how
much snob zoning actually occurs. I'm perfectly willing to believe
that it happens a lot-you certainly should know what you're talking
about, and it fits my priors that government interference tends to
screw over the poorly connected rather than the rich and
influential. I don't usually make a big stink about it because I
don't know much about it (indeed, almost all of what I know about
it comes from reading your comments here. For all I know, you could
be feeding me complete nonsense), and so can't comment nearly as
effectively as I can, say, on farm subsidies or minimum wage laws.
And since it's not my area of expertise, it's not one of the first
things that occurrs to me when I'm looking for stuff to complain
about.
On the other hand, weird, objectionable zoning practices are on my
mental list of "Explanations of why there are really dumb real
estate shortages in a lot of situations." I just can't defend it as
an explanation too vigorously, because I really don't know that
much.
Joe, that's a fair point (that you can trace anything back to
anything if you try hard enough). On the other hand, I think that
it's generally accurate that getting the government involved makes
things worse-I could be wrong, but I haven't seen anything terribly
convincing yet. Well, there are certain circumstances where I think
the goverment should be involved, but I've seen nothing to dissuade
me from my base judgment that getting the government involved is
usually, on the whole, a bad idea, especially for those with little
influence, and thus advocates of government intervention have a
high burden of proof.
And would you agree with me that if the renters have a contract
granting them rights to the apartment for a year, and the landlord
can't violate this contract and therefore can't generally kick them
out, then preventing the government from seizing the building is
a solution, even if it isn't necessarily the best?
Isaac,
There has never been a snob zoning thread on Hit & Run. Not
one, and I remember when the Reason website started this
blog.
There have been many, many attacks on planning and zoning,
including dozens on reform movements concerned with the impact of
snob zoning, but there has never been a post devoted to the biggest
regulatory distortion in the American housing market.
Which might explain why Jad, and so many other libertarians, don't
find it on their radar.
Jadagul,
Good post @ 12:03.
joe,
Once again, if the Reason staff is ignoring something they should
be paying attention to, then I shrug my shoulders over why and say
they're wrong to ignore it. As Jadagul says, I have no one but you
to verify that that's the case, so I don't know whether to agree
with you or not, so I'm left to saying, if you're right then you're
right. I just have no way of knowing. But either way, for you to
impugn the motives of libertarians en masse, as you seem to be
doing, on this account, is ridiculous.
joe
If there was a thread on snob zoning we'd all end up agreeing and
telling each other what fine upstanding folks we are.
You wouldn't be able to tell us what uncaring racist bushbots we
are and we wouldn't be able to call you a fucking commie stalinist
pinko.
Where would the fun be in that?
Isaac: made me laugh out loud. Although I think you're wrong:
past experience dictates that we'd find some way to get onto a
topic that would allow us to call joe a commie stalinist pinko. Or
we could wait for certain people to return, in which case we
wouldn't even need a topic :)
Joe: are you sure that snob zoning is a bigger distortion than
mortgage and credit subsidies? You could well be right, but I
suspect you're wrong. Of course, I really have no idea; I probably
think you're wrong just because credit subsidies are something I
do know about, and something of an interest of mine.
Interesting question, either way; and either way, you're right that
snob zoning is awful.
"Joe: are you sure that snob zoning is a bigger distortion than
mortgage and credit subsidies?"
It's tough to be "sure" about something like that, but snob zoning
effects every resident, owner and renter, in most metropolitan
areas of the country.
fyodor, I don't know if the term "en masse" can be applied to
libertarians. ;-P
But there is another factor that raises my suspicions here - in
addition to never posting about snob zoning, while often posting
about the movements that have sprung up in opposition to snob
zoning, Reason writers and commenters also regularly make
statements in sympathy with the ideology behind snob zoning - the
horrible city people, the glories of geographic isolation, the
wonders of the auto-dependent community form, the evils of
multifamily housing and the greater degree of shared space it
implies. The geographies - I hesitate to call them either "places"
or "communities" created by snob zoning are constantly idealized as
the "natural" expression of "the market." Several regulars have
even defended these regulations on the grounds that the dominance
of the single family home in the existing market functions as
revealed preference - an argument they certainly don't make about,
say, the broad support enjoyed by Social Security.
And I have my suspicions why this is so. Snob zoning and sprawl
dovetail quite nicely with the uber-individualist ideology that
pervuades libertarianism - just read the description of Roarke's
vacation resort in "The Fountainhead."
There has never been a snob zoning thread on Hit & Run.
Not one, and I remember when the Reason website started this
blog.
There have been many, many attacks on planning and zoning,
including dozens on reform movements concerned with the impact of
snob zoning, but there has never been a post devoted to the biggest
regulatory distortion in the American housing market.
Libertarians generally oppose the practice of zoning, which
includes snob zoning.
You support the practice of zoning, IIRC, which includes snob
zoning.
I'm not seeing your moral high ground.
Though, to be fair, if you'd go into some examples of "snob zoning" that differ from the sort of zoning complaints seen here, that might make things clearer.
"You support the practice of zoning, IIRC, which includes snob
zoning."
Please, Eric. Does supporting the existance of a military "include"
supporting the Vietnam War? Does supporting the practice of having
public roads mean supporting those new bridges in Alaska?
Snob zoning is defined as the use of zoning to prevent the
economic, and often racial, integration of a community by outlawing
the construction of housing that the non-rich can afford. It's
often applied to suburbs that zone all of their residential land
for large lot single family homes, making it impossible to build
rental housing, townhouses, or even more-affordable small single
family homes.
This is quite different from zoning that allows dense housing near
downtown and transit, or even that restricts housing styles to
those that are compatible with the established building pattern
within an already-built district.
Does supporting the existance of a military "include"
supporting the Vietnam War?
No, but it helps! 1/2 :-)
I think Eric's point is that if you support the concept of zoning,
that makes snob zoning possible, regardless of whether that's how
you personally would favor using it.
Since libertarians oppose all zoning on principle, it's a lot
clearer that our position contradicts the use of snob zoning.
And regarding your suspicions, well suspect all you like, all I can
say is that it's strange how you seem like the beating your head
against the wall that getting "us" to see how evil we really are
amounts to. I know I'll never convince you of the errors of your
ways, but at least if I'm talking about issues and about what you
actually say, as opposed to what your hidden and never spoken
agenda is, there at least barely seems to be a point to it all.
Snob zoning is defined as the use of zoning to prevent the
economic, and often racial, integration of a community by outlawing
the construction of housing that the non-rich can afford. It's
often applied to suburbs that zone all of their residential land
for large lot single family homes, making it impossible to build
rental housing, townhouses, or even more-affordable small single
family homes.
Having some slight experience with the more boring workings of city
government, that sounds like the very sort of thing that makes me
against zoning, period. I know you can't wrap your head around the
idea "Give the government powers it shouldn't have, and it will not
merely use them to take care of nice things that I think the market
should do instead, but will actively do bad things, so
don't give it those powers!", but at least have the decency to
acknowledge that some people can.
"You support the practice of zoning, IIRC, which includes
snob zoning."
Does supporting the practice of having public roads mean
supporting those new bridges in Alaska?
Your military / war metaphor was sloppy - this one actually matched
what I said....
No, supporting one does not necessarily include
supporting the other... But one does include the
other. Public roads include those bridges in Alaska. You may oppose
those bridges, but you don't have any moral high ground to say
"Aha! You people who oppose all public roads and bridges haven't
made enough complaints about those bridges to impress me, so I
think you secretly love Alaskan bridges, unlike me."
It's just posturing.
fyodor, "Since libertarians oppose all zoning on principle, it's
a lot clearer that our position contradicts the use of snob
zoning." Oh, that's right. You support "snob covenants" enforced by
private homeowners' associations, which are like snob zoning,
except they're a lot harder to overturn, because they are not
subject cannot be overturned through the democratic process or the
protections of the Constitution.
OK, some of you don't actually support such covenants, but as you
say, "if you support the concept of (covenants), that makes snob
(covenants) possible, regardless of whether that's how you
personally would favor using it."
And Eric? Those of you who oppose the existance of public roads
have been very loud and proud in your condemnation of the Alaska
pork bridges - a pretty sharp contrast to snob zoning, but a
telling analysis of the metaphor.
OK, some of you don't actually support such covenants, but
as you say, "if you support the concept of (covenants), that makes
snob (covenants) possible, regardless of whether that's how you
personally would favor using it."
Yep. I would not accuse someone of being pro-snob covenents if he
were opposed to all covenants.
And Eric? Those of you who oppose the existance of public roads
have been very loud and proud in your condemnation of the Alaska
pork bridges - a pretty sharp contrast to snob zoning, but a
telling analysis of the metaphor.
Hell, joe, like I said, the stuff you describe just sounds like
"reasons I oppose all zoning". If it makes you feel better to think
that we don't really mind zoning if it keeps all the poor people
awat, who am I to harsh your buzz?
You support "snob covenants" enforced by private homeowners'
associations, which are like snob zoning, except...
Except that they're arrived at by voluntary contractual
arrangement. Which makes all the difference to us, crazy assholes
that we are. I may not personally like snob covenants, but I
respect the right of anyone to make voluntary contractual
arrangements whatever they are, just as I support the right of free
speech whether or not I like what's being said.
That said, I've been involved in a debate about the legitimacy of
covenants as voluntary contracts since they're a little odd
compared to what we normally think of as contracts, but I think
I've been convinced that they are indeed legitimate, contrary to
what I thought at first.
Oh and BTW, FYI, Anne Rand's views and libertarianism, while
overlapping a great deal, are NOT one and the same.
If tenants have a right to the homes they inhabit based on social justice, why would people build houses that they wouldn't inhabit in the first place? If you are thinking of building a home and renting it out, the possibility that "social justice" could be invoked to keep you from selling it might be a good reason not to build anything in the first place.
Eric, "Yep. I would not accuse someone of being pro-snob
covenents if he were opposed to all covenants." What if they
supported covenants, and didn't want the big, bad gub'mint limiting
what could be in those covenants? That's the default libertarian
position, and it is one that "allows" snob covenants just as much,
or more, than support for zoning "allows" snob zoning. Nice try,
but you haven't dodged this issue.
fyodor, "Except that they're arrived at by voluntary contractual
arrangement." Doesn't this strike you as a little too procedural? A
government that chooses to do nothing to prevent black people from
being segregated out of town by private covenant, and a government
that passes segregation laws, both end up keeping black people out
of town. I don't think the Pontius Pilate act really gets your
hands clean.
"Joe: are you sure that snob zoning is a bigger distortion than
mortgage and credit subsidies?"
He isn't sure, because he isn't interested in figuring out if it's
the case. He doesn't like suburbs, and will say whatever he can to
try to get you to hate them too. In the past there have been plenty
of threads where I and others have exploded the idea that there
aren't a very large number of people who prefer suburbs, by
pointing out the economics of the situation.
Further, there is plenty to show that the sum of market
interference by the government goes the other way in many (if not
most) areas, funneling money from the suburbs into the cities,
subsidizing urban growth.
I don't have the time today to get into the protracted argument
this always becomes, which is unfortunate, because with this:
"You support "snob covenants" enforced by private homeowners'
associations, which are like snob zoning, except they're a lot
harder to overturn, because they are not subject cannot be
overturned through the democratic process or the protections of the
Constitution."
joe has completely revealed himself and his interests to be
anathema to libertarian ideas, and also, that he knows it.
"For all I know, you could be feeding me complete nonsense"
rppi.org is a good place to start looking for information on
development issues that doesn't come from disingenuous, lefty,
smart-growth idealogues.
Despite the fact that I'm sure this thread is completely dead by
now, I'm going to respond anyway.
First of all, JDM, joe didn't have to "try to get me to hate"
suburbs. I already loathe suburbs. One of my goals is to move to
someplace where I never have to get into a car and I can walk
everywhere. Dense, crowded cities, with lots of stuff of different
sorts withing walking distance (or mass transit, if absolutely
necessary). And my question for him wasn't whether snob zoning is
an issue. It's obviously bad. I just think that the mortgage and
credit market interferences probably affect housing choices even
more (incidentally, they'd add to the pressure for
own-your-own-large-house-in-the-middle-of-nowhere). But I don't
know whether I'm more interested in credit markets because they're
more important, or whether I think they're more important because I
was already interested in them.
And joe: the reason we (or I, at least) perform the Pontius Pilate
act so scrupulously is that I don't want the government judging
what a 'good' way to lay out residential areas is. If they have to
make a judgment, I'd prefer for them to encourage dense urban mixed
growth and discourage suburban sprawl, for much the same reason
that if they have to make large intra-middle-class tranfer
payments, I'd prefer to be the recipient. But the procedural case
is important because we want to limit the government such that it
doesn't make those judgments at all. A government that can say
(factually correctly) "communities that segregate out blacks are
bad, so we won't let you build that kind of community," can also
say "communities that mix residential and commercial property are
bad, so we won't let you build that kind of community." I'd prefer
just not to give the government that kind of power; and when a
bunch of moronic assholes decide to exile decent, productive people
from their community in exchange for less decent, lazy people
because the decent, productive people happen to have
darker-than-average skin, I'll take that trade. They can get the
lazy white guys, and I'll go live in the town with all the
productive black guys.
Fair enough, none-the-less, joe's the wrong guy to ask about it. There are of course, all kinds of government pressures limiting the growth of suburban development, countered by pressures supporting it. I'd be happy with removing all of the pressures in either direction, whatever the outcome would be.
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