Category Archive 'Property Rights'

20 Aug 2010

Ground Zero Mosque: Liberals Suddenly Discover Property Rights

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John Podhoretz, in Commentary, admires the way the Ground Zero Mosque debate has suddenly caused liberals to embrace property rights.

One of the hilarious ironies attendant on the mosque debate is the sudden discovery by the liberal elites of the vital importance of property rights — how Imam Feisal Rauf and his people have purchased a site on which they should be able to build “as of right,” and how those who are objecting to the mosque’s construction are committing an offense not only against the free exercise of religion but against commonly accepted principles involving real estate.

For the past 40 years, especially in New York City, property rights have taken a back seat in almost all discussions of the proper use of real estate. Following the lamentable razing of the great old Penn Station, the general proposition has been that any major project should have a distinctly positive public use. Landmark commissions, zoning boards and the like have imposed all sorts of restrictions and demands on property owners that interfere with their right to build as they would wish. Laws have been written after the fact (especially when Broadway theaters were jeopardized by real-estate development in the early 1980s) to restrict the right of property owners to do as they would wish with the land and buildings they own.

Thus, the outrage which greeted the suggestion that zoning boards and the like should and could be used to block the Cordoba Intitiative is bitterly comic. Such boards have been used for decades to block projects for reasons involving the “sensitivities” of a neighborhood, like the time Woody Allen and others fought the construction of a building at the corner of 91st and Madison on the grounds that it would harm the historic nature of the area — when in fact he and his neighbors were concerned about a shadow the building might cast on their communal backyard. Walter Cronkite went on a tear against a tall building being built by Donald Trump on the East Side near the UN because it was going to block his view.

Perhaps we should just argue that, once the Saudis and Iranians have paid for putting up the new 15-story building, it should be open to “urban homesteading” by artists and the poor, as liberal New Yorkers have frequently advocated with respect to other people’s buildings.

Or we might simply have Zoning or one of those Neighborhood Development Authorities require Abdul Rauf to include so many low cost housing units as part of the permission price for being allowed to build anything.

Or, why wait? we could just send in some urban pioneering activists right now to set up living arrangements in the empty Burlington Coat Factory building just as it is, thereby acquiring by virtue of the quaint customs of the city squatter’s rights. Then let Abdul Rauf try getting one of the radical leftwing judges of New York City’s Housing Court to issue an eviction order.

27 Apr 2009

DC Ticketing People for Parking in Their Own Driveways

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The District is looking for new sources of revenue these days. Sweetness & Light tells us that the DC DPW is offering to lease homeowners back the “public space” in question.

15 Feb 2007

Sleeping Roads Rise to Thwart Flatlanders

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One of the banes of country life in recent decades has been the arrival in Paradise of the urbanite seeking the rural life style, but who brings his urban attitudes and outlook with him, including the fortress mentality. As soon as the ink dries on the deed to his five acres, up goes the No Trespassing / No Hunting signs.

The aboriginal Yankees in Vermont have found a solution to thwart the inclination of flatlanders to wall off passage to their neighbors. As the Wall Street Journal reports, they are resurrecting town claims to forgotten (“sleeping”) roads.

Vermont has scores of old public roads that haven’t been used as such for decades and haven’t been kept up. Some resemble paths through the woods or private driveways, while others, at least to the casual observer, are indistinguishable from their surroundings. Now, with more retirees and second-home buyers acquiring Vermont real estate, some towns are rushing to stake claims to these “sleeping roads.”

Disputes center on differing perceptions of public and private property here. Known for its woodlands and rolling hills, Vermont has vast networks of trails, some of which run through people’s land. And Vermonters have a long tradition of letting people pass through their property for snowmobiling, hunting, hiking, and other forms of recreation. Locals worry that some of the outsiders now moving to the state are less open to that idea and are too fond of no-trespassing signs.

Some Vermonters are helping to guard this trail network by combing through old records to show that some of these roads are, in fact, still public. The Vermont Association of Snow Travelers, which represents about 38,000 snowmobilers, has been giving PowerPoint presentations to members on how to compare road atlases from the 1850s with today’s highway maps to find roads that might have gotten lost over the years.

That alarms some property owners and has spooked the state’s biggest title insurer, which threatened to stop writing policies in three towns where a number of old-road cases have cropped up.

Some folks think those land-posting flatlanders have a certain amount of highbindery of this kind coming to them.


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