Category: property rights

Categories
property rights

Poison Ivy League

Columbia University officials may care about advancing human knowledge, and about nurturing young people. Their moral sensibilities may be highly refined when it comes to academic pursuits. But such virtues apparently do not prevent these guardians of learning from acting like thugs when thuggery seems convenient.

Columbia wants to expand into an area of Harlem called Manhattanville and is willing to abuse the state’s eminent domain power to do so. Who cares about morality and rights, or the foiled lives and livelihoods of innocent people, when there’s property to be nabbed, right?

It’s quite a scam, actually. Columbia has acquired many buildings in the neighborhood, but is not maintaining them. Because of Columbia’s own run-​down buildings, the state has formally declared the neighborhood to be “blighted.” If the entire area is now condemned, full ownership can be transferred to Columbia. Which will clean things up immediately.

Meanwhile, Nick Sprayregen, the owner of several well-​kept buildings in Manhattanville, is having trouble renting out units of his self-​storage business because of the specter of Columbia’s eminent-​domain grab. Plus, the firm that New York State used to determine whether the land is blighted had also been employed by Columbia itself — to advocate government approval of its expansion and possible use of eminent domain.

In short, we have only a perverse pretense of due process here. Columbia flunks Ethics 101 but gets an A in con artistry.

This is Common Sense. I’m Paul Jacob.

Categories
property rights

Good Property Rights Make Good Neighbors

The California Coastal Commission sought to tear down a fence on private property. The fence, on the property of Martin and Janis Burke in Torrance, California, marks the boundary between public land and private land. 

This seems like a benign enough purpose. The “private” part of “private property” means you get to keep people off your property, no?

The fence also serves a wider public purpose. It stops hikers from climbing to an unstable bluff at which two people have actually died. Remove the fence and it become easier to veer off public property, easier to reach the unstable bluff, easier to die.

The story appears to be another case of bureaucrats with too much time on their hands, too eager to interfere in the lives of others in the name of some value allegedly superior to individual rights. In this case, even to individual lives.

Fortunately, the Pacific Legal Foundation, representing the Burkes, recently won a victory over the commission. A California court says the commission lacks the authority to force the fence down. 

J. David Breemer, Principal Attorney for the Pacific Legal Foundation, notes that the foundation has a track record of deflecting the excesses of the California Coastal Commission. 

One moral of the story: Property rights are a “good fence” against the predations of abusive government. They, too, should be allowed to stand. 

This is Common Sense. I’m Paul Jacob.

Categories
general freedom property rights

Barbed Logic

Bill Malcolm has grown potatoes, onions, asparagus and other veggies in his garden in Marlbrook, Worcestershire, for eight years. Unfortunately, in the past four months he has been burgled three times. Thieves stole £300 worth of garden tools. (That’s not weight, that’s British currency.)

So Mr. Malcolm erected a wire fence with a row or two of barbed wire on top. To discourage thievery.

A professional thief could make short order of the fence. But our English gardener figured that it wasn’t the pros who had stolen from him. So he proceeded.

And then came the Bromsgrove district council, which ordered the gardener to take down his fence … or have it be taken down by force of law.

Why?

The local government was afraid it might get sued by a thief who scratched himself on the barbs of the wire.

The fact that the thief would have been in the wrong, for trespass and for intent to steal, that didn’t matter to the council. They were only afraid of being sued.

They gave friendly advice to Bill Malcolm: Not to leave his tools at his garden, in the shed, but to take them home with him.

If you think this is idiotic, I haven’t told you the punch line. That same government, a few weeks before, said not to lock sheds, in case burglars damaged them while breaking in.

It’s nice to know what government is for, eh? That is, insanity.

This is Common Sense. I’m Paul Jacob.

Categories
property rights too much government

Light Rail, Too Heavy for Developers

American city planners tend to obsess over trains. Though not nearly as economical as buses, light rail trains are regarded as the gold standard in public transportation.

But ten years after Portland established its westside line, just how bad an investment light rail can be is becoming clear. So argues John A. Charles, Jr., president of the Cascade Policy Institute.

The area’s light rail system is called MAX. The westside line put up in 1998 maxed out at $963 million. Taxpayers nationwide footed nearly three-​quarters of the bill, which went through over the protests of the Federal Transit Authority.

The FTA didn’t like the route, because it was run through a lot of empty area. Why? Because planners hoped that developers would build high-​density housing along the line, thus justifying the route as time went on. It was a grand experiment in metropolitan planning.

Metro planners then cajoled and forced various city governments to redo their zoning laws to make the high-​density developments more train-​dependent. They specified an extremely scarce supply of parking.

And the developers? They stayed away in droves. As a landowner put it, “it’s never been developed” because of that very “mandated lack of parking.”

Government geniuses might think they can force people into the types of communities that people don’t want, like people were lab rats. Peculiar thing is, folks just naively thinking they are free, tend not to jump aboard that train … so to speak.

This is Common Sense. I’m Paul Jacob.

Categories
judiciary property rights too much government

© Is for California

You might think that there’s nothing a government won’t try. You’d be right. But I was near stupified to learn that the state of California copyrights its laws. And it’s not alone.

The state tries to control — through copyright — how you can access its laws, where and how you store them, etc. The state makes available its building codes, plumbing standards and criminal laws online, but requires you to ask for permission to download them!

The state’s out to make money. It charges $1,556 for a digital version, more for a print-​out, and makes nearly a million dollars a year selling what is legally ours.

Yes, what’s ours. We are a nation of laws, not of men, and we have the right to own and reprint our laws as much as we want. The purpose of copyright is to ensure private parties can maintain some control over their intellectual property. But the laws themselves are, in point of elementary political theory, the intellectual property of all. Not of state bureaus.

Thankfully, heroic Internet technician and mover and shaker Carl Malamud believes in government transparency. And he, unlike Al Gore, really worked to help build the Internet.

On Labor Day Mr. Malamud published the whole California code online. Available for free.

Obviously, Malamud is spoiling for a fight. Good. He should win it. He has, after all, the law (if not the state) on his side.

This is Common Sense. I’m Paul Jacob.

Categories
local leaders property rights

The Redding Alternative

Ever since the U.S. Supreme Court ruled in 2005 that it is constitutionally okay for states and towns to grab property for pretty much any reason at all, citizens have been trying to prevent governments from doing so.

The track record is spotty. Officials and private interests who like to grab private property are aware of public outrage over the court’s decision. So they often support “protections” against eminent domain abuse with loopholes you could drive a truck through.

In a recent California election, two alleged property-​protection measures were on the ballot. Proposition 98 was the real deal. Proposition 99 was the fake. Unfortunately, the phony measure was the one that passed. It was the measure that had by far the most advertising, being bankrolled (you guessed it) by land-​grabbing special interests.

Friends of property rights can eventually try another ballot measure. Meanwhile, voters and elected officials in towns and counties can act independently to protect property owners, as the town council of Redding, California, has done. By a majority of three to two, the council voted to forbid officials from grabbing property just to flip it to another private owner.

Redding Councilman Ken Murray, who proposed the new law, says he wanted “to make it really hard for some future councilperson to willy-​nilly take property from one person and give it to another just to jack up our revenue.”

Great move! Let’s hope it works.

This is Common Sense. I’m Paul Jacob.