The following is a two part posting:
PART ONE
First, let us consider “takings” – the use of eminent domain to create functional human settlement patterns. This topic was stirred up by the New London Hotel Case in the Supreme Court last June and was discussed at length last week on this blog:
(Before we start, yes this post is spilling more ink on the topic of “takings.” It is presented in the hope that it will lead to the spilling less ink on a whole range of issues as noted in PART TWO below.)
The problems and solutions raised by the recent series of postings and comments on the topic of eminent domain (26 Jan 2006 6:40 AM “BB&T Ahead of the Curve,” 27 Jan 2006 1:10 PM “Who Really Profits” and 27 Jan 2006 5:54 PM “Anonymous Graffiti and Cheap Shots” provide the basis for an important observation:
There is a solution that is completely unrelated to the emotional diatribes over “taking the poor widows house” and “property value/property rights.” This long overdue reform would cause most of the legitimate settlement pattern reasons to use eminent domain to disappear.
With the vast majority of the takings cases never coming up, it would be easier to develop a fair and equitable way to deal with the hard cases where balancing public rights and private rights is really the question.
Most of the cases where those concerned with the evolution of functional human settlement patterns would suggest use of eminent domain involve avoiding obscene monetary windfalls and preventing “real estate interests” from playing dog-in-the-manger with vacant and underutilized land until they are bought out. See “Who Really Pays” posted at 1:10 PM on 27 January.
The bottom line is that the current practice causes disaggregation and scatteration of human settlement pattern that cannot be sustained. Civilization depends on the evolution of Balanced Communities in sustainable New Urban Regions.
The “solution” (or at least a major step forward for vacant and underutilized land that triggers the need for the use of eminent domain)? We give you two words: Henry George.
Not two guys named “Henry” and “George” but one named Henry George. Mr. George was a 19th century “newspaper man” cum land economist why proposed a reform so simple, so logical and so powerful that he became a cult figure and was run out of the country by land speculation interests. If you do not already know a lot about Henry George, Google him.
In a nutshell, George argued that the property tax on land and improvements should be reformed to tax land and not tax improvements within the Clear Edge.
The George thesis is based on the reality that land has almost no value for urban land uses unless there is extensive public investment. The reasons why governments exist in the first place is the core issue here. Governments are formed to protect citizen’s heath, safety and welfare. Economic prosperity and social stability sustainability depend on enlightened government actions.
Stability – security and safety – provided or insured by the governance structure is required for functional markets in land and goods as well as for personal safety. Without these protections, there is no urban life and so no demand for urban land uses.
Mobility and access – roads, rails, pedestrian ways and the rights to use them are critical government contributions to urban civilization.
Of course, there are the “public utilities:” water, sewer, stormwater management, electricity, gas, telephone, cable, wireless, etc. are critical. There are forty plus or minus goods and services that make urban life possible and most are provided by or regulated by the governance structure.
If land owners each paid their fair share of the cost of providing those services regardless of what they built on the land, then almost no one would keep land vacant and underutilized as a strategy to secure future speculative profit. In addition, the public would not have to waste resources extending services, either directly (by paying for extensions e.g. roads and sewers) or indirectly (e.g consumers paying higher electric or cable rates).
(It goes without saying that those who own land outside the urban service area would pay far less than they pay now. There is some debate about the details of tax treatment in the Countryside but none inside the Clear Edge where the eminent domain problem is focused.)
Running urban services past vacant and underutilized land is very expensive. If you do not think this is the case, try a factor of 10. It is ten times more expensive to provide basic urban life support to dysfunctional human settlement patterns that it is to provide the same services to functional settlement patterns. That is the 10X Natural Law of Human Settlement Patterns and only address those services at the Alpha Neighborhood scale.
If the Henry George tax reform were implemented, it would wipe out most of the reasons to use eminent domain to aid the evolution of functional human settlement patterns that we have cited in the postings noted above and in previous discussion of eminent domain (See posting on this blog “New London Hotel Panic,” 23 June 2005.)
PART TWO
Now for the real reason for this posting:
Why not deal with all the social and political wedge issues that stir up partisans by focusing attention on a constructive way to solve the underlying problem rather than a knee jerk rush to a pandering “constitutional amendment” solutions that only addresses the surface condition and not the root cause?
In the case of the “do not raise taxes” issues the root cause can be gleaned from the Friday post and comments that dredged up the “bond rating crisis” (CA’s AAA Bond Rating Controversy: A Look Back,” 3:48 PM 2 Feb 2006).
The core problem is failure to allow the governance structure to evolve so that:
A The governance structure reflects the economic, social and physical reality of human settlement patterns, and
B The level of control is the level of impact
If governments evolved and were not moribund within ancient boundaries and saddled with outdated organizational structures citizens could understand and intelligently provide guidance for governance practitioners.
From time to time we will point out the underlying issue that plague discussion of:
Teen drivers auto accidents
Low public school test scores
And other issues directly related to human settlement pattern.
EMR

Leave a Reply
You must be logged in to post a comment.