Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Captain Kirk
It seems that what you are advocating is no zoning laws whatsoever? Can I build a pig-farm in Times Square as long as I own the land privately? Although I recognize and acknowledge that private property rights are being usurped by the government, there have to be some rules. And this mosque is an outlier. It is an exceptional case that should be adjudicated in the public interest.

This mosque is going to be, and already is, a huge nuisance to the neighborhood it is in as well as to the city at large. Building this mosque ‘where’ they want to build it is deleterious to the public interest. It should be denied on that basis.

My opinion is that you and I agree more than we disagree and would probably be friends if we worked together.

73 posted on 08/18/2010 8:08:32 AM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
[ Post Reply | Private Reply | To 65 | View Replies ]


To: 240B
It seems that what you are advocating is no zoning laws whatsoever? Can I build a pig-farm in Times Square as long as I own the land privately?

Even though I own my land and house, I couldn't build a pig farm regardless of what the zoning law says. When I purchased that property, I also agreed to private covenant that the land could not be used for anything but residential use. There are hundreds of thousands of such private contracts in the U.S. and in a free market (without the crutch of arbitrary and politicized zoning) there would be even more.

As to the specific scenario you cite, no private owner in his right mind would build a pig factory in Times Square since the best use of the land is for other uses. Having said that, it is true that many areas don't have private land-use contracts and thus are the mercy of zoning boards. What about those areas? The best solution, IMHO, is to transfer this power to private block associations who could by majority or two thirds vote decide whether they want to have deed restrictions. For a detailed plan on how to accomplish this, see here

Of course, such a transition to a more just system of private property rights is not likely any time soonin the future. For this reason, IMHO, the best solution in the here and now is to limit the often arbitary and selective nature of zoning law as applied to specific parcels in favor of more general rules that won't change overnight because of the vagaries of politics. Needless to say, a selective attack on the right of a specific owner to use his own land to build a mosque is a gigantic step away from that goal.

78 posted on 08/18/2010 8:41:28 AM PDT by Captain Kirk
[ Post Reply | Private Reply | To 73 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson