Cato Daily Podcast State Preemption, Zoning, and "Local" Control
Dec 27, 2024
Mark Miller, a senior attorney at the Pacific Legal Foundation, dives into the contentious world of housing regulations and property rights. He discusses the challenges posed by restrictive local zoning laws and advocates for state intervention to increase housing production. Miller highlights a Florida anti-NIMBY bill aiming to simplify approval processes while balancing local control and fair housing practices. He examines how Supreme Court rulings shape property rights and critiques government policies that may exacerbate housing shortages, promoting a fresh perspective on property ownership.
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Local Tyranny
- Local control is often touted as desirable, but it can lead to "local tyrannies".
- These tyrannies can be just as harmful as any other form of tyranny, hindering property owners' rights.
Property Owners as Local Control
- Pacific Legal Foundation views property owners as the ultimate local control.
- They acknowledge the Supreme Court's influence on local government land use regulation, advocating for a gradual approach to change.
Limiting Legal Challenges
- Limit third-party legal challenges against approved housing developments.
- This respects local government approvals while preventing obstructive lawsuits from non-adjacent property owners.