Monday, January 01, 2007

Zoning: The New Tyranny

James Bovard is the author of Shakedown (Viking Press, 1995) and Lost Rights: The Destruction of American Liberty (St. Martin's Press, 1994).

Mr. Bovard echoes my sentiments on zoning when he writes:


The essence of zoning is the shotgun behind the door — the pending call on police to drag someone away in handcuffs and bulldoze their home. Zoning is not simply a question of bureaucrats and local politicians coming up with Byzantine ordinances — but of the full force of government waiting to fall on the head of anyone who violates one of the constantly changing local land-use decrees...

Government abuses of zoning laws were clearly foreseen back in 1926 by Supreme Court Justice Willis Van Devanter. In his dissent to the Euclid vs. City of Ambler decision — the case that opened the floodgates to zoning — Van Devanter wrote: "The plain truth is that the true object of the ordinance in question is to place all property in a strait-jacket. The purpose to be accomplished is really to regulate the mode of living of persons who may hereafter inhabit [the community]." A brief in that case declared: "That our cities should be made beautiful and orderly is, of course, in the highest degree desirable, but it is even more important that our people should remain free."


Zoning: The New Tyranny

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