The Economics of Zoning Laws: A Property Rights Approach to American Land Use Controls

by William A. Fischel

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.

Genres: Urban Planning, Economics, Urban Studies

400 pages, Paperback

Published August 1, 1987

Reviews

[Chris Brimmer · Rating 4 out of 5]

If you want a clear explanation of what a third of my time at work is devoted to and why it is not a violation of property rights for me to do so, this is a great book. I like his concept of collective property rights and the role that zoning plays in protecting them. I would recommend this book to any novice Planning Commission, ZBA or DRB member. If nothing else it makes explaining yourself in the produce aisle at the supermarket easier.