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Zoning or the power of pull
By George Baumler
"Not
in my backyard" is the battle cry of the zoning zealots, who view themselves as
lords of all they survey. The central planning bureaucrats churn out a plethora
of complex rules and regulations that constitute zoning laws, which are supposed
to keep business out of certain neighborhoods and prevent excess business
competition in others. A couple of Louisville entrepreneurs, Clark Watts and
William Clark, thought that they had all their T’s crossed and I’s dotted, when
they tried to purchase a piece of property for the purpose of constructing a car
wash, and legally they did. The property, located at 1545 Baxter Avenue in
Louisville, had the required zoning, and the building plans more than exceeded
all local codes, but alas that matters not at all when the power of pull is
exercised.
A few
activist neighbors objected to the plans for constructing a car wash on the site
of a long time Standard Oil filling station and took their grievance to Alderman
Bill Allison. Allison, who was seeking a seat on the new metro council (he lost
the election), seized the opportunity to grandstand the issue, in order to keep
his name in the media, hoping that it would translate into votes. The
Louisville Board of Aldermen, led by Mr. Allison, passed a highly questionable
moratorium on the issuance of any permits on that particular piece of real
estate. The board did this with the knowledge that it wouldn't hold up in
court, but, for the property owners, it would mean an expensive and time
consuming court battle. The legal run-around and delays tied up the property
for over six months, during which time the building inspector’s office sent
notices to the property owners threatening huge fines for weeds, graffiti, loose
paint, rough pavement etc. The real-estate contract expired, and the property
was sold to another buyer. Mr. Clark and Mr. Watts were deprived of their
rights and were damaged financially by the Board of Aldermen's heavy-handed
actions.
In a
free society, the property owners decide the best uses for their possessions,
and they are not absolved from responsibility for any damages that may occur as
consequences of those uses. In a socialist society, the government seizes the
means of profit and production and takes them out of private hands altogether.
Any profitable enterprise is a government enterprise. In communist societies,
the government owns all property and decides the disposition of all property.
(Who lives where, what is built or razed etc.) One last social-economic system,
fascism, maintains the façade of private ownership, but the government decides
the manner in which the property can be used. A quote from Adolf Hitler:
"I want everyone to keep
the property he has acquired for himself according to the principle: the common
good takes precedence over self-interest.”
In
other words you own the property, but the government decides how you may use it
for the common good.
The
question of the week is:
Which
type of social-economic system are we living under?
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