Yet in recent years, libertarians increasingly seem less concerned with how their policies might actually impact people. Convinced that markets are virtually always the best way to approach any issue, they have allied with many of the same forces – monopoly capital, anti-suburban zealots and the tech oligarchy – which are systematically undermining the popular rationale for market capitalism.
This is one of the opening paragraphs of Joel Kotkin, “The limits of libertarianism,” spiked-online, March 4, 2022.
The article’s title caught my attention because Kotkin’s work would often lead someone to believe that he is sympathetic to libertarianism, and I think he is.
What’s his criticism? He gets to it quickly, writing:
Nowhere is the disconnect between libertarianism and its traditional base of small-property owners more obvious than in housing. In their zeal, sometimes justified, to end the worst zoning abuses, the libertarians have allied themselves with two forces, monopoly capital and social engineers (also known as city planners), whose goal is not to expand the blessings of ownership, but to squelch it for all but a few. Their end game is to leave most people stuck in small apartments.
Libertarians have served as fellow travellers and allies to the hyperactive, oligarch-funded YIMBY (‘Yes in My Backyard’) movement. In essence, as former Cato fellow Randal O’Toole notes, the libertarian right has ‘betrayed’ the very middle class that most supports conservative causes. O’Toole, who had been Cato’s land-use expert since 2007, was forced out in favour of an alliance, as he puts it, working hand-in-hand with left-wing groups seeking ‘to force Californians to live in ways in which they didn’t want to live’.
Some libertarians see this as a ‘free-market housing fix’, although in their worship of markets most have said little about policies that prevent construction on the periphery – a principal contributor to excessively high housing costs. Expanded ownership is a noble cause. But it is hardly the intention of the strongest advocates for these policies. Victoria Fierce of the YIMBY pro-density lobby in California, for example, favours increasing urban density in part because it ‘promotes collectivism’. In some senses, the approach of some YIMBYs reflects the planning orthodoxy seen in the late Soviet Union. In the 1950s, Alexei Gutnov published The Ideal Communist City, which, while acknowledging the appeal of suburbia, rejected it as unsuitable for a society that prioritises equality and social control.
Consider the first of these 3 paragraphs. Normally, when one criticizes zoning for restricting the supply of housing, one would be seen as being against “monopoly capital.” But Kotkin sees the Cato Institute’s opposition to zoning as being part of an alliance with monopoly capitalists. He’s pretty vague about how that works.
If you read the link at the end of that first paragraph, you learn that developers are taking advantage of the new California law that allows more building on land zoned for single-family housing and that they are making lots of money doing so. What he seems not to confront is what this means for housing prices: they will fall or at least not rise as much as they would have. Increases in supply, all else equal, bring prices down. I would have thought that that would be a great way to help normal people.
Kotkin is right that more building on a given amount of land leads to denser housing. What he doesn’t successfully do is explain why this is bad.
Instead, he makes two arguments, one that is legitimate and one that is essentially guilt by association.
His legitimate argument, if he’s right about the facts, is that “in their worship of markets most have said little about policies that prevent construction on the periphery – a principal contributor to excessively high housing costs.” I don’t know if Kotkin is right about Cato’s relative silence on this issue. Let’s take as given that he is right. Then the answer should be that they should say more about such policies, not that they should defend single-family zoning. We have 2 contributors to higher housing prices: restrictions on building in areas zoned for single families and restrictions on building on the periphery. Cato and others should go after both. But that’s not an argument against going after one of those. There’s no either/or here.
His guilt by association argument is this:
Expanded ownership is a noble cause. But it is hardly the intention of the strongest advocates for these policies. Victoria Fierce of the YIMBY pro-density lobby in California, for example, favours increasing urban density in part because it ‘promotes collectivism’.
Let’s say he’s right about Victoria Fierce’s and others’ intentions. Kotkin doesn’t make clear whether Cato is allying with her and those others. But let’s say they do. How is Cato responsible for what their intentions are? Moreover what happened to the idea of going beyond intentions and actually looking at the likely expected effects? One main effect will be to bring down the price of housing.
Kotkin continues:
Yet it’s not just YIMBYs who favour densification and an end to single-family zoning. This notion also appeals to large financial institutions that seek to develop a rentership society, where homes, furniture and other necessities are turned into rental products, offering an endless cashflow to the oligarchs.
Kotkin makes it sound as if people wouldn’t have a choice about whether to rent. But they would. People could rent or buy. And with lower housing prices, buying would be easier. By the way, the link in the above paragraph is to a gated article in the Wall Street Journal. The gist of the article is that people are finding it increasingly attractive to rent things instead of buying them, not just housing but also cars and textbooks. What’s wrong with that? Surely, Kotkin, generally a nuanced analyst, doesn’t think that the fact that large institutions can make money off something is evidence that people don’t want that something. The usual presumption is the opposite: you don’t generally make much money by providing what people don’t want.
Kotkin writes:
Ultimately, the great values that libertarians bring to the policy debate are more relevant than ever. But their suggestions will only be heard if they can demonstrate – particularly to the young generation – the potential of markets to make lives better. In the end that is the real issue. While libertarians are so valuable in ferreting out government cronyism, they need to face up to the prospect that markets, although theoretically free, are in reality becoming ever more oppressive and controlled.
I talk to young people in coastal California who would like to be able to afford to buy a house or a condo. I haven’t had that much trouble convincing them that when there’s a greater supply of houses or condos, the price is lower. They think that will make their lives better. As to whether markets are becoming more oppressive and controlled, that’s true in some areas and not others. But one area in which they are becoming less controlled is housing. There’s a long way to go. Don’t get me started about building codes. But let’s take those first steps.
READER COMMENTS
Andrew_FL
Mar 7 2022 at 9:49pm
It is true that most of the left wing of the Movement YIMBYs are not in favor of deregulation per se and allying with them in hopes of moving policy in a less regulated direction is perhaps not as likely to be successful as groups like CATO seem to imagine.
On the other hand, I’ve read O’Toole’s argument, and he does not explain why, if it is in fact true-and I believe it is-that most Americans want to live in single family homes, that is not what laissez faire in land use would provide. I believe that it would. And it would provide density to those who demand it (in the economic sense) as well.
John Alcorn
Mar 7 2022 at 11:23pm
Consider some thorny issues in political economy of housing reform.
1. Jurisdiction.
Regulation of housing construction (‘zoning’) in the U.S. often reflects the old saw, ‘All politics is local.’ By contrast, YIMBY is a movement to centralize zoning at the State or Federal level. See, for example, the EconTalk interview, Katherine Levine Einstein on Neighborhood Defenders (14 December 2020). The rhetorical question naturally arises: What could go wrong?
2. Congestion.
The proliferation of political veto points in new infrastructure projects tends to block commensurate infrastructure complements to any major increases in density.
3. Deregulatory takings without compensation.
If homeowners, who planned their lives and investments prudently around extant zoning, have reason to believe that deregulation would amount to a taking without compensation, what then might be feasible, credible compensation mechanisms for such takings? Is Coasean bargaining between stakeholders and developers feasible?
Let me illustrate this conundrum by referencing a recent NBER study of “a major zoning reform on the build environment” (p. 3) in Sao Paolo, Brazil: Santosh Anagol et al., “Estimating the Economic Value of Zoning Reform” (Working paper no. 29440, October 2021). Here is a link to an un-gated version.
The authors quantify the magnitude of the reform as follows:
The authors estimate that “nominal house price losses faced by existing homeowners and landlord overshadow all consumer welfare gains.”:
Compare homeowners (zoning) and, say, insiders in the established taxi industry (closed licensing). One can at least imagine a bargain in which Uber, Lyft, and taxpayers (via elected representatives) compensate the relatively small class of insiders for a fundamental rule-change, to allow entry by ride-share firms. But current homeowners constitute a vastly broader class.
Bryan Caplan reminds us to keep our eyes firmly on production. Given the political economy of zoning, production will follow the path of innovation. The automobile paved the way for a revolution in housing (the suburbs). Perhaps remote-work technologies (Zoom) will decentralize housing in new ways?
robc
Mar 8 2022 at 8:24am
Zoning is a taking. Unzoning is not a taking.
YIMBY has two meanings, literalyy, if its MY backyard, I should be able to build an ADU or whatever, its none of my neighbors business.
And the more figurative meaning, meaning my neighbors backyard, well, same thing, it is none of my business.
Zoning is risk-mitigation, taking away my neighbors property rights to make mine worth more. Another form of rent seeking.
The only zoning I could accept is for heavy industrial – uses that would pollute in some form that would be unlibertarian. Odor, sound, health risks, etc. In the special zone, the tolerances would be higher.
John Alcorn
Mar 8 2022 at 9:13am
It is a moot point, whether an initial enactment of zoning constitutes a taking. Once zoning is in place, and once many individuals make investments and reasonably plan their lives on the basis of established zoning, a broad psychology of proprietary assurance and reliance comes to shape political economy.
Lizard Man
Mar 8 2022 at 10:16am
Upzoning increases the value of a property.
People may hate it if their neighbors can build a two family or townhomes or apartments on their properties, and those things may reduce their quality of life. But the value in most urban properties is the permission to have a dwelling on the property, and the permission to have more dwellings makes the property more valuable, not less. Though of course when you split that land value among multiple dwellings, the overall value of each dwelling decreases. But the original landholder/homeowner sees a windfall.
I see an example of this everyday. A proper near my house was rezoned from allowing one dwelling to allowing three dwellings. The owner got paid far more for that property than other properties in the neighborhood go for, and now developers are putting up three houses where one used to be. The houses are all million dollar homes. If anyone saw property values negatively impacted by this, it was people who live 50 miles away in the exurbs.
robc
Mar 8 2022 at 10:25am
Counting on government action to stay static is risky.
It is why I am hesitant about Roth IRAs. I have one, but I put as much as I can in my regular IRA, because I would rather take my tax break now and not depend on a future one really existing.
TMC
Mar 8 2022 at 11:51am
“Zoning is risk-mitigation, taking away my neighbors property rights to make mine worth more. Another form of rent seeking.”
Changing zoning is rent seeking. The vast majority of owners have bought their property with the current zoning in place, with the knowledge, and approval of the zoning. They, and renters in the area are able to change the zoning by a vote if they wish. The rent seekers are the outsiders who want to modify the current owners’ property rights to their advantage.
It is those who are changing the zoning that are “taking away my neighbors property rights to make mine worth more”. All while having agreed to those restrictions when buying in, and failing to convince the majority of owners effected to modify them.
David Henderson
Mar 8 2022 at 7:12pm
You write:
You may be right, but how do you know? We certainly bought our house with the current zoning in place, but that in no way means that we approve of it.
TMC
Mar 9 2022 at 8:18am
David, the zoning laws have been in place around 100 yrs, so unlikely that many people had them forced upon them. And yes, you did approve of them – when you bought the property.
Jon Murphy
Mar 9 2022 at 8:49am
You’re wandering pretty close to social contract theory’s confusion between acquiescence and consent. Social contract theory confuses acquiescence (reluctant acceptance) with consent (agreement/approval) by arguing that since one is participating in some activity (ie, the State), then one consents to it. But, in reality, the only claim we can make without further evidence is that the individual acquiescence to the activity.
David Hume has a great analysis of this confusion (see his essay Of The Original Contract). He uses the metaphor of a ship. If a person is knocked out and dragged aboard a ship, and when they awake they do not jump into the ocean to escape, we cannot reasonably say the person consents to their situation nor the direction of the captain.
As members of a society, we acquiescence to things we do not approve of all the time. My neighbor likes to blast his music and sing sometimes. I do not approve of his behavior, but I acquiesce. I accept it as part of living in an apartment building with 49 other people in the middle of a city.
All this is a long way of saying that David moving to a certain area could signal approval, but it doesn’t by necessity. All we can reasonably say is that David acquiesced to the conditions placed upon the purchase.
TMC
Mar 9 2022 at 9:38am
“If a person is knocked out and dragged aboard a ship”
So that’s how David got to California.
More likely, David either really liked the weather, or had a good job opportunity. Either way, he had the option to look at a number of different types of housing in a number of different neighborhoods, all with different sets of rules. He accepted the rules when he bought, and even has the ability to change them if he can convince half of his neighbors to go along with him. These changes will affect his property value, which is fine, but will also change the property values and characteristics of all his neighbors’ properties, thus the vote. His right to swing stops at his neighbor’s nose, so to speak.
I understand the YIMBY ideals, many of which I share, but unfortunately in a neighborhood, our fortunes are tied together and there are rules that define our interactions. I don’t like when I’m told I can’t do something I want to with my house or land – and that has happened, but I realize I bought into my situation. Literally.
robc
Mar 9 2022 at 11:55am
Heinlein had a shorter version of what Jon said.
I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do. — Bernardo de la Paz, The Moon is a Harsh Mistress
Jon Murphy
Mar 9 2022 at 2:36pm
Correct. Accept. Not approve. The distinction matters, as I discussed.
TMC
Mar 9 2022 at 5:08pm
Distinction without a difference.
robc
Mar 9 2022 at 11:53am
Eliminating all* zoning across the board is not rent seeking. Changing one specific zone may or may not be.
*My industrial exception excluded, although I would be fine without it too.
Jon Murphy
Mar 8 2022 at 9:26am
To your third point, I do not think we can consider dezoning as a “takings” either economically or legally.
Economically, the effects on the current owners would be a pecuniary externality, not a technical one. It’s akin to a new burger place coming to town and eating into Burger King’s profits. Pecuniary externalities do not require compensation (and, indeed, would lead to a worse outcome if they did).
Legally, one does not have a claim to a certain value of something. There’s a 2009 7th Circuit Court of Appeals ruling that does with exactly this point (Illinois Transportation Trade Association v. City of Chicago and Dan Burgess, et al). The taxi cartel of Chicago sued the City claiming that allowing Uber to operate constituted a Takings under the 5th Amendment as it reduced the value of their medallions. Judge Posner struck down that argument quickly:
One could make a reasonable argument that the current owners could be bribed to accept the change in a Coasian fashion, yes. But that would not be a takings or compensation.
Jon Murphy
Mar 8 2022 at 9:35am
To be clear:
I think your point, John Alcorn, is correct. There are Coasian bargains that could be had whereas the folks currently benefiting from zoning regulations are paid off to accept new regulations that harm them pecuniarily. Indeed, such side bargains are possibly a least-costly way of bringing about a beneficial change.* I was just objecting to the use of the words “takings” and “compensation.”
*If I recall correctly, Alexis de Tocqueville argued for just such a payoff to slave owners to reduce their objections to getting rid of slaves. If the US government had paid off slave holders prior to the Civil War, then possibly the War could have been avoided. But that’s pure speculation on my part.
Andrew_FL
Mar 8 2022 at 11:21am
de Tocqueville misunderstood how many in the South were not simply personally invested in slavery because they stood to lose out. That would not explain why so many states made it virtually illegal to manumit your own slaves. The Slave Power was ideologically committed to a slavery based social order. They were quite afraid that if the Federal Government ran large budget surpluses it might create a manumission fund.
Jon Murphy
Mar 8 2022 at 11:36am
Sorry, that was poor writing on my part. Tocqueville was referring to slaves in French colonies, not the American slavery problem.
Mark Brady
Mar 8 2022 at 9:07pm
Jon Murphy writes, “Tocqueville was referring to slaves in French colonies, not the American slavery problem.” True enough, but he also argued that the former slaves in the French colonies should pay compensation to their former owners! As events turned out, France agreed to recognize the independence of Haiti on condition that the Haitian government reimburse the French government for compensating the former slave owners. This debt was not completely paid off until after the second world war!
John Alcorn
Mar 8 2022 at 1:09pm
Jon Murphy,
Thank you for linking to Judge Posner’s decision. I readily grant that the comparison, which I drew, between zoning and taxi medallions, is imperfect. As you note in your follow-up comment, the main (and valid) point of the comparison is to draw attention to political economy of Coasean bargains.
Re: Idiom.
I have observed that homeowners (stakeholders) interpret established zoning rules as a kind of local constitution; a legal framework for (a) perhaps their largest investment and (b) a way of life. Conversely, they interpret ‘unzoning’ as de facto taking without compensation. This heartfelt psychology heavily shapes local political economy.
The alternatives to municipal libertarian unzoning seem to be:
(a) Resourceful construction entrepreneurs who somehow work the system.
(b) Regulatory centralization (State or Federal). Be careful what you wish for?
(c) Broad Coasean bargains. Do transactions costs prevent this?
(d) Technological, spatial disruption (e.g., remote work).
David Henderson
Mar 8 2022 at 7:13pm
You write:
You left out one option that used to be widespread: restrictive covenant.
Philo
Mar 8 2022 at 10:36am
Good comment.
“YIMBY is a movement to centralize zoning at the State or Federal level.” YIMBY is based on the principle that individual property rights are good, and should be protected. A movement based on such a general principle is likely to favor central enforcement of the principle. For example, it would be well if the right to build on one’s property, subject to the common law of nuisance, were considered by the U.S. Supreme Court to be a Constitutional right.
“[H]omeowners . . . planned their lives and investments prudently around extant zoning . . . . [D]eregulation would amount to a taking without compensation . . . .” Exactly the same question arose at the end of U.S. slavery. I think the answer is: it is not *prudent* to rely on the government to continue to enforce bad policies.
TMC
Mar 8 2022 at 11:59am
“Exactly the same question arose at the end of U.S. slavery. ”
You’re really jumping the shark here. Your argument might have merit if you had said indentured servants. Slaves had their property rights stolen from them and were being restored. If I pay for a stolen car, I still do not have any rights to it.
Jon Murphy
Mar 9 2022 at 8:54am
TMC:
As Philo understands, and as John Alcorn and I discuss above, this is not a “compensation for loss of property” issue. We’re discussing political economy, not property theory. It is true that, from a property and moral POV, freeing slaves does not require compensation to the slave owners (if anything, it would require compensation from the slave holders to the slaves).
Rather, what we are discussing is the political economy of these things. A shift in the understood legislation governing use of property will have people who will suffer real losses in the situation. The political economy question is how to affect the desired change and how to deal with the losers who will resist. The comparison to slavery is apt as a political economy and historical matter.
Mark Z
Mar 8 2022 at 1:20am
I don’t see why ownership is supposed to be inherently good. I also don’t see how deregulating zoning can possible, in net, increase density on average without causing people to materialize to inhabit the newly developed units. If one neighborhood densifies, some other neighborhood must be de-densifying.
It seems the crux of his argument (the substantive part of it anyway) is that eliminating single-family zoning and restricting building more houses are inextricably linked; one cannot support the former and oppose the latter. But even if people who support the second tend to support the first, it doesn’t mean that opponents of restricting suburban expansion should therefore oppose de-zoning. Even if you salvage single family zoning, opponents of ‘construction on the periphery’ can still restrict that just the same. This argument just seems like a false dilemma. Supporting one government restriction on supply is not palliative against another supply restriction.
David S
Mar 8 2022 at 4:43am
Oh, please do get started talking about building codes. Please, please, please.
And I read that San Francisco is looking at a change to regulations to allow more multi-family units. I doubt it will happen soon, but it would be nice to see it.
Fazal Majid
Mar 8 2022 at 8:05am
Zoning is not the only obstacle. NIMBYs are very adept at using California’s byzantine laws, including CEQA to gum up the works. The prospect of a project being bogged down for a decade or more is enough to make it uneconomical and a strong deterrent, specially since these are administrative proceedings, not litigation and thus very cheap for the NIMBY.
Single-Family House owners who want to continue enjoying unblocked vistas should do what New York City allows for, buying “air rights” to preserve those same vistas. Otherwise they are just using the government to take part of their neighbors’ property without compensation. I read O’Tool’s Antiplanner and mostly agree with his take on transit, but his arguments to keep low-density zoning have always seemed unconvincing to me.
Thomas Lee Hutcheson
Mar 8 2022 at 8:06am
Curious on many fronts. I’d never heard the idea that small businessmen were Libertarians, which has always been an academic enterprise.
Kotkin puts me in mid to Kaplan’s dictum that progressives don’t like markets and conservatives don’t like progressives. As with immigration reform in the past, when progressives stated showing some sympathy for zooning reform conservative sprang to the defense of government control.
robc
Mar 8 2022 at 10:36am
Its not so much that small businessmen are libertarians as that libertarianism is the political philosophy best for small businesses.
About 20ish years ago, someone pushed for the LP to rebrand as “The Party of Smallo Business”, in contrast to the major parties who cater to big business interests.
Alan Goldhammer
Mar 8 2022 at 8:11am
To paraphrase the great Judy Collins, “…I’ve looked at life from both sides now…” Having spent 36 years living in a single family house in a neighborhood that has both detached and townhouse units, we moved into a moderate rise condo in January of this year (it’s right down the road from our former home). My wife and I joke that we will be six feet under before the last building cranes disappear from downtown Bethesda. As series of low rise apartment buildings on our ‘new’ street are slated for development into high ruse units over the next fourteen years. What always amazed me is the amount of animus in our former neighborhood about all the high rise development taking place in Bethesda even though it was over a mile away. Efforts to improve ground transportation by creating rapid bus lanes drew the fury of neighbors (though given gas prices right now, I wonder if they have second thoughts).
We are enjoying our new living quarters as we can walk to the grocery store (thank you Harris Teeter), the pharmacy, and numerous restaurants. That being said, there are also politics here as a current fight is going on about installing e-car charging stations in the underground parking garage (concern is battery fires which are difficult to extinguish and would potentially put the building at risk. I don’t know how frequent this is).
I have not been up to the Monterrey CA area where David lives in lots of years. Is there high rise development going on to provide more housing for those interested in living there? Is it being built at a decent price point? Certainly close in housing in our area is not inexpensive.
Alan Goldhammer
Mar 8 2022 at 8:12am
Ooops, made a huge mistake in not attributing the quote to Canada’s own, Joni Mitchell!!!!
TMC
Mar 8 2022 at 12:05pm
“Improve ground transportation” and “creating rapid bus lanes” should never be put in the same sentence. Cutting a roads capacity by a third or a half to allow busses to go marginally faster, while keeping the lane empty 95% of the time kills ground transportation, likely the intended consequence.
Thomas Nagle
Mar 8 2022 at 3:49pm
Kotkin seems to see housing market as consisting of only two choices: owning an expensive single-family home or renting a small apartment. I however live with my wife in a large condo-apartment in a highly congested area of a large city (Miami). We are thrilled to live where we can share the expense of a large pool, tennis court, fitness center, rooftop garden, barbeque area, as well as multiple services. We also enjoy being able to walk to over 100 nice restaurants and take public transport to entertainment. Unfortunately, fewer of us can afford this lifestyle than could afford it in a free market because of restrictions on where dense housing can be built. Moreover, many people who work in this area would rather live nearby than endure long commutes every day. They have not moved to less congested areas out of preference, but have made a tradeoff forced upon them by costs associated with restricted supply.
MarkW
Mar 10 2022 at 7:29am
One important issue here is ‘private’ vs ‘public’. Nobody here (I think) feels that it should be impermissible to develop new private neighborhoods governed by HOAs. Not even when those private developments include things like parks, shops, golf-courses and restaurants. I have relatives in Florida living in one that’s larger than many small cities in population and area. Is ‘zoning’ in such a place (imposed by the HOA and the corporation that owns the development) OK? Then why not a town/city of comparable size controlled by a traditional city government? In both cases, current owners bought in fully understanding the rules. If the rules inside my relatives’ community were suddenly invalidated by fiat by the state of Florida (to encourage dense infill development), the residents would very upset — and with good reason. Why should the residents of a comparable traditionally governed community feel differently?
Another question — should residents of neighborhoods inside a traditional town or city be allowed to form new HOA in response to loss of zoning rules? And should there be any particular limit to the size of this new HOA-governed area?
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