New York City is trying. I’m skeptical. As long as the aggregation of zoning laws continues to cap the total available space in high-demand metropolitan regions, I don’t suspect that slicing and dicing the existing land-use allocations will have much of an effect on land costs, which are ultimately the bottom line. On the other hand, preserving a significant number of smaller spaces might, at least, leave some options on the table for merchants with fewer resources who seek a physical presence in the neighborhood– in much the same way that tiny studio apartments permit many individuals to live in neighborhoods (at market rates) where they could not purchase full-sized units. So, it should be an interesting experiment.
Art Imitates Land Use: Miniatur Wunderland
From Hamburg, Germany, an amazing project that began as a model railroad. More videos here.
A Planimeter for Google Maps
A useful tool for measuring the areas of land parcels– from Acme Laboratories. Wile E. Coyote would be impressed.
Remsen on Wills
It’s not land use, but I recently started
reading an excellently written 1907 primer on the law of estate planning and trusts, The Preparation and Contest of Wills, by Daniel S. Remsen. It often strikes me how well the authors of a century ago were able to tackle complex subjects with both precision and clarity, in contrast to the blather that characterizes a lot of today’s law books. It’s also interesting to see how much the essential doctrines of common law property have stayed the same, and have continued to dominate their field (land use, of course, being a major exception), in contrast to the statutization that’s taken place in areas like commercial or criminal law. That is to say, other than the always-idiosyncratic specifics of taxes and local procedures, Remsen’s book tracks the same issues that any current hornbook on estate planning would cover, and most of the rules he describes still remain in effect. To illustrate his exposition of the law, Remsen includes an appendix containing 78 wills and trust settlements made by 19th century luminaries, including Jay Gould, August Belmont, Cornelius Vanderbilt, and Leland Stanford. You can’t make this stuff up.
One of the most valuable online resources is the seemingly endless selection of old law books that have gone into the public domain, and are now available in PDF through Google Books. Everything from Story on Equity to Wigmore on Evidence can be found there. And it’s all free.
Papers and Articles Update
I’ve added a bunch of my grad school papers under the Papers and Articles tab.
Subprimes into Land Banks
Here’s an interesting proposal for all of the disused properties that have been tied up in the MERS mess: Use eminent domain to assemble them into land banks for future equitable purposes. I suspect, at the end of the day, the real banks will find a way to hang on to the bulk of what’s in their portfolios. On the other hand, the sheer scale of those portfolios might be more than they want to fight for. A couple of years ago, I had a summer job where I helped to implement HUD affordable housing programs in Newark. At the time, there were blocks in the Clinton Hill and Roseville sections where nearly half the properties were in some sort of bank-owned limbo. It’s easy to forget, when you’re in the suburbs, just how much urban land investment has been wiped out in the last few years. The dearth of affordable housing in regions like the Northeast and California might be addressed if even a portion of this land could be deeded to high-density, limited-equity cooperatives.
Marijuana: Zoned Out in New Jersey
The Newark Star-Ledger has a piece about a proposed bill in the New Jersey General Assembly that would override local attempts to use municipal land use powers to block the farming of medical marijuana. The bill is being proposed by Assemblyman Declan O’Scanlon, a Republican from Monmouth County, so Governor Christie’s stated opposition sets up an interesting intra-party schism on the topic. Presumably, if it went to a vote, the Dems would also split, given the surreal political calculus of a bill that encompasses both drug policy and suburban land use. The land use aspect of the New Jersey law has come to the forefront as local opposition to both cultivation and dispensary siting has frustrated its implementation since it was signed by Governor Corzine in 2010. So far, only Montclair has approved a proposed dispensary.
What’s in a Name?
The NYT Real Estate section has a nice piece about the renaissance of naming apartment buildings in New York City. Urban land developers have rediscovered this age-old marketing tactic, and it’s a good tradition. It has particular resonance in New York City, where the sheer stock of apartment houses can make it a struggle for any one to stand out, no matter how beautiful, luxurious, or well-located. The article makes a passing mention of the Touraine, a stunning new building with compact, solid, symmetrical features and heavy echoes of the classic pre-war style, located on East 65th Street, at Lexington.
Addressing the Metropolitan Housing Pinch
In spite of vacant mansions across the Sun Belt, and abandoned properties across the Rust Belt, we still don’t have enough affordable housing in the places where it might help. That’s the conclusion that Matt Yglesias reaches in a recent Slate squib, shortly after the Economist‘s Ryan Avent wrestled with the same basic issue, at length, in The Gated City. It’s a real problem. It may be that we’re long overdue for a political system that finds the courage to tell homeowners: Look, you’re going to have to accept less distorted property values, and get used to having some new apartments in the neighborhood. But the question is, logistically, how? Given the outsized influence of ultra-local politics on land use regulations, it’s a Sisyphean task. In New Jersey, Mount Laurel hasn’t been adequate, and neither has targeted redevelopment. It’s not thatGiven the degree of political and bureaucratic bullshit that obtaining a building permit can often entail, investors are understandably sour toward any residential construction project that doesn’t promise big returns.
I fear that the longer this goes on, the more currency proposals like Avent’s will gain. That is, it begins to seem more sensible to ask: why not simply cut the Gordian Knot, and abolish all but the most utilitarian building codes? It is particularly maddening to see the entrenched resistance to any sorts of sensible reforms, because addressing this unmet demand could be a real boon to the economy, with benefits redounding to all– including the homeowners who would predictably resist. That is, targeted land use reforms aimed at freeing a meaningful portion of urban land for new, modest residential uses would put tradesmen and laborers back to work; allow a broader base of people to invest in the country’s strongest metropolitan land economies; and could ultimately lower labor costs in those regions where opportunities tend to concentrate. Unfortunately, we’ve been waiting for at least fifteen years for the political system to acknowledge that there’s anything undesirable about having a status quo of astronomical housing costs. I’m not holding my breath.


