Property and Land Use
Definitions of property rights hinge on
the balance of power between individuals and government. Without government,
there could be no private property. Yet if private property were absolute there
could be no government or organized society. The public interest encroaches
upon the right of private property in the areas of taxation, eminent domain,
and zoning measures enacted pursuant to states' police power.
Zoning regulations seek to balance
private and public interests. Most land use regulation is contained in local
ordinances. Property owners who suffer great costs through land-use regulations
can and do sue the government for damages, arguing that the regulation was an
unconstitutional "taking" of property without just compensation.
Land-use regulation need not provide for
the compensation of property owners if the regulation satisfies a recognized
purpose under the police power. One such purpose is the conservation (and
perhaps the enhancement) of the value of buildings. Even small cities typically
have 20 to 25 types of zones. To protect the public from eyesores, zoning laws
have regulated or outlawed billboards and satellite dishes, thus interfering
with the free expression of opinion. The courts have had to balance the
public's First Amendment rights against its right to protect the appearance of
roads and neighborhoods. In addition, groups representing minorities and the poor
have argued that the courts should throw out zoning laws that exclude housing
for people of low and moderate incomes. In fact, the underlying motivation
behind certain kinds of residential zones may be racial bias.
The public' asserts control over private
property through laws protecting the quality and safety of our environment. In
general, environmental protection imposes immediate costs on industry and on
the users of industrial products in order to prevent costs to the public, now
and in the future. The National Environmental Policy Act of 1969 was to usher
in a decade of federal laws and regulations designed to protect the
environment. It requires all federal agencies to prepare environmental impact
statements. The courts have defined the purpose of such statements as
"environmental full disclosure. "
The Environmental Protection Agency is
one of the largest federal regulatory agencies, with among the widest ranges of
action. It has the power to set national air-quality standards for some
pollutants, to limit the release into the air of other pollutants, to set
standards for new sources of air pollution, and to establish controls on
emissions from cars. With the states, the EPA aims to achieve a level of water
quality that protects fish, shellfish, and wildlife and also allows people to
swim and boat near beaches. The EPA designates areas where dumping is
permitted, grants permits, and fines violators. It also sets national standards
for the safety of drinking water and may forbid or limit the production, use,
sale, or disposal of dangerous chemicals.
Wastes produced by industrial processes
are a major source of chemical pollution. Cleaning up toxic waste sites is a
huge task. So, too, is balancing our need and desire for a safe, clean
environment against our need for energy. Coal is plentiful here but dirty.
Nuclear power is expensive and extremely controversial. Wind, water, and solar
power are arguably both cleaner and, in the long run, cheaper sources of
energy. However, they are not yet major ones.
