Voltaire is widely credited with saying, “I disapprove of what you say, but I will defend to the death your right to say it.” This quote, whether Voltaire actually said it, is often cited by defenders of free speech. Those who write or speak popular ideas have little fear of government reprisal. But those who…
Reform Austin recently published a story chiding state officials for interfering to “delay, postpone or outright stop the construction” of affordable housing by local governments. The article goes on to claim that “cities all across the Lone Star State are using every tool in the toolbox to crack the housing problem.” Interestingly, the article makes…
Last year, I wrote about the case of Hinga Mbogo, a Dallas auto shop owner whose property was retroactively rezoned to make way for restaurants and other businesses more to the liking of the Dallas city council. In late August, the Texas Supreme Court refused to hear his case, thereby forcing Mbogo to abandon the…
A new state law requires a three-fourths vote by zoning commissions that want to designate a property as historic over the owner’s wishes. Austin, which previously required a two-thirds vote in such situations, recently found that the new law might stymie some of its attempts at historic preservation. The city’s Historic Landmark Commission recently met…
Two of the stated purposes of zoning are preventing “incompatible” land uses and protecting neighborhoods. Both of these issues can be addressed without the coercive means of zoning. Deed restrictions (or covenants) provide the means to limit land uses through voluntary, contractual means—by respecting property rights, and hence, preserving the freedom to choose. Deed restrictions attach…
In early December, Minneapolis enacted an extensive reduction in the city’s zoning laws by eliminating single-family zoning. Developers will soon be able to build more densely, thereby reducing housing costs. Economically, zoning is a disaster. Zoning designates a particular use for each parcel of land. By its very nature zoning reduces the supply of land…
Planet K, a central Texas retailer of e-cigarettes, pipes, incense, and assorted items for adult entertainment, filed a lawsuit against the city of Bryan in early November. The lawsuit alleges that the city’s sign ordinance is unconstitutional and violates the company’s free speech rights. At the heart of the dispute is an on-premise sign that…
Department of Housing and Urban Development Secretary Ben Carson has launched an initiative aimed at making housing more affordable. He has correctly identified zoning and land-use regulations as a major factor in soaring housing costs in many locales. Zoning and land-use regulations arbitrarily restrict the freedom of builders and developers. Minimum lot sizes, prescribed land…
Zoning is widely regarded as a necessary component of modern American communities. Few question its existence, but instead complain only when zoning interferes with their desired land use. Zoning is an effect. The cause is the view that the individual is subordinate to the community. Unfortunately, few, even the victims of zoning, challenge this premise….
A graphic at the beginning of a recent article about short-term rentals (STRs) in the Dallas area illustrates the fundamental nature of zoning. In the graphic, it is stated that the zoning ordinance adopted by Grapevine in 1982 did not permit STRs. It is implied that if a particular use is not explicitly permitted, then…
In early September Grapevine became the latest Texas city to outlaw short-term rentals (STRs), such as Airbnb. The city’s mayor defended the prohibition, saying, It’s just not appropriate. We spent hours zoning this town, protecting single family homes and putting businesses along the highways. We’ve got a well-planned town. If you love this town, we…
For decades, various politicians, activists, and organizations have been pushing for Houston to develop and adopt a general plan. In September 2015, City Council did so. When the city officially began the process in 2014, Mayor Annise Parker said that “planning does not mean zoning.” In the most literal sense, this is true. However, Parker…