At one time or another, most of us will experience a neighbor who does something that we find objectionable. He might play his music too loud, allow his dogs to bark in the middle of the night, or refuse to maintain his yard and thereby attract pests. Nuisance laws are a proper remedy for such situations.
Nuisance laws are an application of property rights. The right to property protects an individual’s freedom to use his property as he chooses, so long as he respects the freedom of others to do the same. Loud music and barking dogs prevent neighbors from using their property as they choose. Similarly with an unkempt yard that attracts rodents and other vermin and threatens the safety and health of neighbors.
Zoning, however, allows neighbors to object to actions that violate nobody’s rights. A current controversy in Austin illustrates this point.
A development company is seeking approval from the city to build an affordable housing project. The project would require a change in the zoning designation for the site. Neighbors of the would-be project object. Among their arguments, they cite car crashes near the site of the proposed development and an insufficient number of parking spaces for the apartments.
The neighbors didn’t explain why car crashes on a public road are a justification for denying the zoning change. Nor did they explain how the number of parking spaces in the development violates their property rights. Such is the nature of zoning—neighbors can object and offer the most ludicrous arguments for their position. Unfortunately, zoning officials must listen to and consider these arguments. And developers are often forced to make changes to their plans to accommodate the concerns and demands of neighbors.
The zoning process subjects developers to the whims of neighbors and the caprice of government officials. Given the costs imposed by the process, it’s not surprising that Austin, along with most of the country, has a severe shortage of housing affordable to low-income families.