One of the increasingly popular tactics that cities are using to address America’s housing shortage is to relax or eliminate single-family zoning (SFZ), also known as exclusionary zoning. Some of those same cities are also starting to use a different form of zoning—inclusionary zoning—to address the housing shortage. In short, this means shifting from mandatory…
When California legislators were considering two bills to allow for “upzoning” throughout the state, local government officials lobbied to defeat the bills. Though both bills passed, opponents haven’t given up. They have launched an initiative to repeal the laws and return mob rule to California. The primary argument being used by opponents of “upzoning” is…
Cindy Tucker runs a nonprofit in Calhoun, Georgia, called Tiny House Up. She wants to build tiny houses—about 600 square feet—to help address the city’s housing shortage. But the city won’t let her because its regulations require a minimum lot size of about 11,000 square feet and houses must be at least 1,150 square feet….
On September 8, 2021 the Pacific Legal Foundation hosted a webinar titled “Can Free Markets Solve America’s Housing Crisis?” The panel members were Jim Burling from the Pacific Legal Foundation, Judge Glock from The Cicero Institute, Nolan Gray from the Mercatus Center at George Mason University, and Patrick Tuohey from the Better Cities Project.
A neighborhood association in Boise is fighting a proposal to develop a 226-unit subdivision. The Northwest Neighborhood Association (NWNA) contends that the development would prejudice its “substantial rights to ‘open space and rural character.’” Rights pertain to freedom of action. If one desires to live in a neighborhood with open space and a rural character,…
An interesting article at TheRealDeal.com gives a peak into the problems caused by zoning and land-use regulations. The article discusses, in part, the plight of developer Arthur Wiener, who spent more than ten years getting the necessary permits to build an apartment building in New York City. A former employee of the Department of Housing…
It is said that politics makes strange bedfellows. Individuals who normally disagree politically sometimes find themselves working for a common cause. As an example, consider the conservative response to Joe Biden’s infrastructure plan and the Leftist response to the Cedar Point ruling. Though these are two very different issues, both conservatives and Leftists are supporting…
For a century, zoning has been used to segregate “incompatible” land uses. In most cities, each area of the city mandates that land be used for residential, commercial, or industrial purposes. And in most cities, much of the land (often over 60 percent) is zoned for single-family homes. Defenders of segregating land uses have long…
Writing in the Washington Times, George Mason University law professor Ilya Somin addresses the issue of “just compensation” required under the Fifth Amendment when eminent domain is used to seize property. Somin notes that courts typically equate “just compensation” with “fair market value.” However, many owners attach a value to their property far above what…
New York City is considering a law that will require “racial equity studies”—akin to environmental impact statements—for zoning changes. The law would require “a study that would analyze the area’s demographic conditions, quality of life, housing security and displacement risk index.” One supporter of the law acknowledges that rezoning has provided great benefits, but only…
In her epic novel, Atlas Shrugged, Ayn Rand dramatizes a world in which producers go on strike. Rand once commented that part of her motivation for writing the novel was so that it wouldn’t come true. Sadly, it is coming true and often in ways that few will notice. In the novel, government enacted a…
Cities across the country are relaxing their zoning regulations, and particularly single-family zoning, to address the affordable housing crisis. Some cities, such as Minneapolis, have completely done away with single-family zoning. And the Biden Administration has suggested that local governments will be required to relax their zoning regulations if they want to receive certain federal…