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August 13, 2007
Putting property before people
According to an interesting piece in the Philadelphia Inquirer, the campaign against "sprawl" is getting expensive, with local governments discovering that there are actually costs associated with acquiring and owning property. Even if the noble goal is to stop "development" and "the developers," it costs money to cut grass, bring buildings up to code, and police publicly-owned property: In town halls across the suburbs, conservation euphoria is giving way to the sober realization that open space can be a money pit.The taxpayers actually want to use publicly owned land? What ingrates! Where do they get the idea that the land is there for them to use? It's there to be preserved, not for people, but to prevent people from using it. In the hard copy edition, there's a picture of a sign posted on public land which reads "CLOSED TO PUBLIC," and I think that more and more that sort of thing will emerge as the goal. Parks only invite trouble, maintenance, and above all, lawsuits! While lawsuits are not mentioned as a cost of owning land, the fact is that people routinely sue governments for injuries they suffer while on public lands. Such injuries could include slip and falls, drowning, or even being victimized by criminals availing themselves of untrimmed foliage or unpoliced bathrooms. I'm fascinated by the idea of what it is that constitutes the "public" and what is a "use." If land is simply preserved so that it's off limits to developers, is that a legitimate public use? Does the government even have to use land? Who owns this land? The taxpayers? Or the people they elect? The latter are spending the money of the former in order to buy this land, and they're also finding ways to persuade people to deed it over or preserve its open nature by means of restrictive covenants. But doesn't this put the elected officials in a bit of a conflict of interest? Eventually, the land's value will increase, and because governments always need money, they'll end up resembling the greedy families that once wanted to sell the land to the greedy "developers." How do you stop these local governments from succumbing to temptation? (After all, they do have to run for office.) To avoid the hassles of property ownership, the new trend is to buy the development rights from the owner, who is still responsible for maintenance: In Solebury Township, officials have managed to minimize those headaches by primarily purchasing only the development rights to land, rather than the ground itself. Under such so-called easements, maintenance remains the responsibility of the property owner. So while the township has protected 3,000 acres, only 100 acres have been bought outright, said Granger, the Solebury manager.But what the government purchases, the government can later sell. I wonder how permanent any of this permanent protection will turn out to be. The irony here is that even though I'm a libertarian free market advocate, the esthete in me very much likes open space, and I hate seeing these hideously ugly developments spring up on what was once beautiful farmland ("fertile farms and verdant woods" as the piece says). But all that land is owned, and there is always a cost of ownership. "The government" can become the owner, but all the government is is a collection of certain people who claim to speak for the rest. As a practical matter, I've noticed that what they call "sprawl" is limited by driving time and driving distance to the nearest metropolitan areas. Pennsylvania is a huge state, and much of it is very rural, very "red." "The boonies," as it were. No one cares much about sprawl in such flyover country, because there isn't much, and unless new suburbs and cities spring up, there isn't likely to be very much, and local governments would probably love to entice developers in. No doubt, the possible future willingness of local governments to do things like sell land they own (or development rights they aquired), or to allow property owners to build on their own land is very worrisome to environmentalists. What seems to be going on is a preventive attempt to come up with a plan which would envelop local and state governments and assorted conservation groups into a quagmire of environmental bureaucracy. The Inquirer article links the "Regional Green Plan" web site, which outlines the goals: With the aid of advisory groups, the Alliance identified three primary uses for open space-agriculture, ecological function, and recreation-and assembled multiple data layers to determine how valuable the region's land is for each use. Each data layer contains a measurable criterion, such as soil quality (for agriculture), land use and land cover (for ecological resources), and proximity to existing parks (for recreation). A full description of all the data layers used to prioritize land for each open space use is provided in the following chapters.Results sound like central planning from Big Brother: By overlaying development data on Rural Conservation Lands, it is apparent that they are already experiencing the pressures of development. As of 2000, 175,000 acres were identified as developed-some 22% of the total area of 807,000 acres. Of the remaining 632,000 undeveloped acres, approximately 125,000 acres are protected, leaving 507,000 acres undeveloped and unprotected. Of these 507,000 acres, 401,100 or 79 percent are high-resource-value lands. Development in these rural areas is occurring in a fragmented way, with development sites scattered throughout these lands, threatening their contiguity and connectedness.So says the Regional Green Commissariat. The key term here seems to be "protection." If land is deemed in need of "protection," the goal is to stop it from being "developed" or even used. How that is defined seems to be up to them, not the citizens, or even the government. Perhaps the goal is to change the legal structure to protect and preserve all land, from all threats public and private. Against all rights of ownership, whether private or public? (Why, this promises to turn Marxism on its head!) How do you get to be in the protective class, anyway? Does anyone elect the protectors? posted by Eric on 08.13.07 at 09:47 AM
Comments
You know, Daniel Boone should have let that bear maul him so he could have sued the govt for failure to warn him of such a catastrophe. PETA would have given the brave victim a full pardon, faux coon skin cap and all. mdmhvonpa · August 13, 2007 12:14 PM No camping? Why not? Anonymous · August 14, 2007 12:00 AM Post a comment
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What to do with all this public land? Let it remain or go back to wilderness. No camping, day trips only. With substantial penalties for violations.
In addition, post the land. The following for example...