Must read economic commentary on Measure 37
by Sid AndersonNovember 8th, 2005 at 11:13:12
Today’s editorial pages in the Oregonian include an outstanding commentary piece on the economic implications of land use planning on property value and why a Marion County judge rightfully overturned Measure 37. It’s written by two economists who debunk the theory, claimed by pro-sprawlers, that without land use regulations property owners could develop their subdivisions and make a pretty penny. “Not so” say the economists. It is exactly because of regulations that property values go up:
Suppose in the hypothetical example there was demand for 10 new subdivisions, and developers could choose from 100 parcels to build them. With no restrictions, developers need to pay just enough to get 10 landowners to sell. By contrast, what happens when zoning has put all 100 parcels off-limits? First, there is pent-up demand for development, which raises prices. Second, I and all 99 other landowners, along with our appraisers, perceive a lucrative monopoly opportunity. If I alone were given a waiver, I would have developers bidding against each other for my land, further driving up the price to $2 million.
Would mine have been one of the 10 parcels bought by developers in the absence of zoning? An appraiser cannot answer that question. If the answer is no, then the regulation did not reduce my property value. If the answer is yes, an appraisal still cannot estimate what a developer would have been willing to pay for the land.
These considerations are central to the issues surrounding Measure 37. Yet a careful look at the economics shows that a simple appraisal cannot answer them. The court appears to have recognized this.
Now put that into a bumper sticker slogan that everyone can understand!
Check out the entire commentary.



November 8th, 2005 at 1:16 pm
Notice that this critique does not address the legal theories advanced by J. James nor Dean Huffman’s criticisms of those legal theories.
Instead, it is a political piece by a couple of economists who note how difficult it is to determine the financial effect a land use regulation on the value of a particular piece of property without access to an alternate universe where the regulation had never been enacted.
It doesn’t address J. James opinion other than to wishfully surmise that the court seems to agree with their view of economics.
It would be easy to line of dozens of economists to take issue with this article, but why bother? It is composed of political rather than legal arguments.
The problem with J. James decision was that she decided to make up the law to suit her politics (or self-interest, as rumors circulate).
Count on the landgrabbers to circle the wagons to protect her now, no matter how bogus her rationale.
November 8th, 2005 at 4:03 pm
Pancho-
Have you ever heard of supply and demand? Last I checked it had to do with economics, not politics.
November 9th, 2005 at 11:09 am
Sid-
There is evidently a large demand for rural property, or the values wouldn’t be as high as they now are. Maybe people want to live outside the city limits, but because of the false values placed on rural properties due to land use planning most people can’t afford to but rural properties.