Zoning and Deed Restrictions

Zoning is a function of local governments that defines how public and private property is to be used. Zoning intends to help plan city growth and revenue. Most city governments use zoning, with one notable exception, Houston, TX. League City is a zoned city, as provided for in its Code of Ordinances.

I believe that zoning is incompatible with private Property Rights. The government ought not govern otherwise legal use of private property. When government begins to manage land use, we start on the path of Marx's first plank.

Deed restrictions also manage land use and are most often found in neighborhoods. Deed restrictions are legally binding contracts that buyers of property are bound to, defining what the new owner can and cannot do. Individuals enter into deed restricting contracts in an attempt to maintain property values in a region and prevent unpopular behavior. For example, the Declaration of Covenants, Conditions and Restrictions that binds the property owners in the community of Countryside South states “No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted…”

Unlike government zoning, deed restrictions are contracts that private entities enter into voluntarily. Zoning is a form of government aggression against Individual Rights.

While the effects of zoning are enjoyed by many (for instance, preventing the placement of large industrial plants near elementary schools), there are more Rights-friendly ways to achieve similar results. One option is the creation of stronger property rights allowing for recuperation of damages like pollution, noise and decrease in market value caused by others in adjoining or nearby property. This will encourage new development to work with nearby interests before beginning construction and existing property owners would have a vested interest in keeping their land in good shape.

Again, I know League City is zoned. I don't think an attempt to change that should be made in the near future. I do, however, think that neighborhoods and businesses ought to be very involved in any zoning changes made by the city. Without the people's input, the government is bound to make mistakes. One way to help with distributing information about and gathering responses to plans to change zoning is by improving our city's web site.

politics/zoning_and_deed_restrictions.txt · Last modified: 2009/03/14 00:46 UTC by dustin