Zoning; B. Siegan

Copyright 1975 Bernard H. Siegan . Mr. Siegan is the author of Land Use ,!¥,thout ZoninA and many articles on the subject. He practiced law for 20 years in Chicago before moving in 1973 to La Jolla, California where. he is professor of law at the University of San Diego Law School. Consider a situation that re cently occurred in San Diego. One of the country's leading shopping center developers sought since 1973 to build a major shopping and housing complex in a northern por tion of the city. After substantial changes were made, the concept of the center was finally approved in early May by the City Council. This approval, however, was subject to the requirement that the city's planning commission, composed of private citizens ap pointed by the Mayor and council, make the final decision on the ac tual design and placement of build ings and other facets of the plan. The planning commission's delib erations are open to the public, and residents of the city were assured that they would have a strong role in the planning of the center.

The idea is preposterous! If people have reservations about placing their cares and concerns in the hands of general practitioners instead of specialists, they should be outraged at the prospect of en trusting it to those who have vir tually no understanding at all. Some individuals in every com munity of course, do have special ized knowledge in architecture and design, but experience discloses that such persons stay away from zoning hearings. Or if tliey do par ticipate, it will be to look after their own personal interests. Un461 462 THE FREEMAN August fortunately, it will be those with an axe to grind, local busybodies and professional joiners who have the most time for involvement. I have attended zoning hearings where homeowners, whose com bined knowledge of development would easily fit on the head of a pin, condemned complex plans pre pared by highly skilled specialists. Worst of all, the local authorities will probably weigh heavily such comments because they emanate from sources with powerful weap ons: the opportunity to vote them out of office. It is likewise absurd to give an important role to those who have no stake in the success of a venture and possibly may even prefer its demise.

Almost invariably, it seems, city planners and councilmen try to up grade proposed developments. One gets the impression that residents want only Taj Mahals to be built in "their" municipalities. Develop ers will seek to pass on the cost of upgrading by raising prices or rents. If market conditions do not allow for increases, the projects become economically unfeasible and ;Will not be erected. Production will thereby be reduced, and this will also cause prices or rents to rise. Another possibility is that the developer will compensate for the added expense by reducing the quantity or quality of other ameni ties. He rn.ay attempt to offset the cost of required park dedications, special architectural treatment or lower density by say, lessening the amount of insulation and sound proofing or the quality of the win dows, doors, plumbing, heating, fixtures, and the like. The developer may still proceed despite the fact that his horse has been turned into a camel and the market may not be as favorable for camels. At least one reason for making such a decision is to save the huge expenditures which prob ably were made in rezoning the property. These expenses as well as those incurred in holding or optioning the land would be lost if the project is abandoned.

The foregoing describes zoning in action and suggests the differ ence between the private and pub lic planning process. The owners of any business have to conduct it with maximum efficiency; other wise their profits will diminish or disappear. They must purchase and produce with minimal waste. And above all, they must create something consumers will buy at a price which includes a profit. No such limitations confine the public regulators. They make de cisions for a large variety of rea sons; and efficiency is rarely a primary one, for there is little they can gain from encouraging it. As a result, zoning causes the waste of much land and resources., Individuality and Intellectual Independence ANNE WORTHAM INDIVIDUALISM,the doctrine of so cial freedom and independence, is being cast aside today as an ideal of Lockean fools; and individuality - the consequence of self-determi nation, self-reliance and self assertiveness - is resented as a mysterious, unmalleable quality to be denied public acknowledgment in the affairs of men and under mined at every opportunity. While social engineers, economic planners and professional reformers con tinually advocate a social system in which individuals are coerced into equal conditions of life, ani mal behaviorists tell us that man is not as unique among animals as he likes to think. According to Anne Wortham is a Research Librarian in the news syndication industry. One of her earlier articles from THE FREEMAN is included in The Libertarian Alternative,: Essays In Social and Political Philosophy. This article is ex cerpted from .. her forthcoming ~ook profiling race conscious prototypes among American Negroes.