I have little
use for platitudes, particularly the one telling us that most
Americans believe in the private ownership of property. This assumption
is doubtless one of the many unexamined axioms employed, during
the Cold War, to try to distinguish the American political system
from the communist regimes. But as a reflection of popular attitudes
among Americans, it is about as detached from reality as the platitude
about “user-friendly computers.”
The mindset
of most Americans regarding property is beset with confusion and
contradiction. It could probably be reduced to the following proposition:
property owners insist upon the inviolability of their
interests while, at the same time, being ardent collectivists
when it comes to the property of others. Most will strenuously
object when the state interferes with what they own, but cheer
when the interests of their neighbors are under attack.
Thus do most
people accept the legitimacy of zoning ordinances, “master plans,”
eminent domain, housing and building codes, and nuisance actions.
Their anti-communist conditioning would likely percolate to the
surface of their minds if a politician were to openly defend the
purpose of his program in the same words used by Marx: “abolition
of private property.” Such a phrase would be too blunt a statement
as to the nature of all political policies; it would lack
in the meter and syntax with which boobus Americanus has
become accustomed to his own despoliation. But let this same politician
dress his ambitions in the language of “land use planning,” and
all right-thinking people – editorial writers included will
embrace him for his “vision.”
The Supreme
Court’s now infamous Kelo decision upheld the power of
states to use eminent domain to condemn private homes and transfer
such properties to private corporations for their commercial purposes.
It is a mistake to believe that public hostility to this case
represents a growing opposition to eminent domain. This reaction,
I suspect, reflects little more than an awareness by homeowners
that their property interests could be taken in the same
manner. Even the state legislation spawned in response to this
decision, keeping eminent domain powers from being used to benefit
private corporate interests, is not a condemnation of eminent
domain itself.
If Americans
perceive that their interests might be taken or destroyed by governmental
action, they will scratch around to discover and exploit some
of the ancient verities that defend property principles. If nothing
more than the interests of others are at stake, however, most
will settle back in the comfort of such bromides as “progress”
or “responsibility” to the community. It is this dualistic response
that helped to enrage Americans when “their” properties were attacked
on 9/11 while, at the same time, supported far more devastating
attacks on “others” who had nothing whatever to do with the destruction
of the World Trade Center buildings.
This same
contradictory behavior is manifested elsewhere as well. We humans
have a desire to maximize the gains and to minimize the
costs of our activities. Thus do professional sports franchises
call upon the state to use its powers of eminent domain and taxpayer-based
subsidies to build stadiums within which they can conduct their
businesses. The owners of proposed shopping centers, factories,
hotels, industrial parks, airports, or other facilities, will
often use governmental powers to reduce their operating costs.
At the same time, they will insist upon “private property” and
“free market” principles to maintain the benefits they derive
from this incestuous relationship with the state. It is such self-serving
contradictions, I believe, that account for much of the popular
hostility to the business system.
Another such
practice involves the willingness of many to dispose of the unwanted
byproducts of their activities (e.g., “industrial wastes”) by
dumping them into rivers, the atmosphere, or onto the lands of
others. Such “wastes” represent entropy – i.e., energy unavailable
for productive use – the disposal of which we have an incentive
to bring about in the least-costly manner possible. Trespasses
upon others, alas, have been the default solution for many. If
something is no longer of value to oneself, forcing others to
deal with it – in the form of smoke in their lungs, or chemical
particulates on their land or in their water supply – has become
a commonplace response. Nor is it correct to confine this behavior
to business interests: the slobs who litter streets and parks
with empty fast-food containers and cans are engaged in the same
practice.
The willingness
of a person to trespass the property interests of others in order
to avoid incurring the costs of his undertaking, is a form of
socialism; what economists refer to as “socializing the costs.”
This behavior is one of the principal functions of political systems.
I recently
witnessed an example of this irresponsible conduct in the city
in which I live. Whole Foods – a company widely respected for
the quality of the meat, produce, and other grocery items it sells,
as well as for its employment and customer policies – wanted to
build a store in my neighborhood. My wife and I were delighted,
for we could have walked to their store instead of having to drive
a long distance to one of its other facilities. A number of more
distant neighbors, however, were quite disturbed by this proposal.
These people own and stable horses on their residential properties,
and expressed fear that increased traffic flow generated by this
store would interfere with their equestrian interests. (Parenthetically,
this was the same concern they voiced a number of years ago when
another grocery – which built a store even larger than that now
being planned by Whole Foods – was in the planning stages.)
Even though
letters sent to the city in support of the Whole Foods proposal
outnumbered those received in opposition by a reported seven-to-one
ratio, the city council – siding with the horse owners – voted
to deny the project. Recognizing that the parcel of land for the
planned store was already zoned for commercial activity, and being
made aware of Whole Foods’ exemplary business reputation, city
council members dredged up crocodile tears of regret, going so
far as to pass a resolution to have city government officials
help Whole Foods find a “more suitable” location. The absurdity
that a sophisticated and intelligently-managed business like Whole
Foods – and investing its own money needed a handful of city
hall bureaucrats to help make a decision of this magnitude was
more than a rational mind could take.
One city
council member – aware of the thousands of people who either showed
up or wrote letters in support of the proposed project – asked,
rhetorically, “how can so many people be so wrong?” How presumptuous,
to assume that those with differing subjective preferences could
be “so wrong.” His statement unwittingly implicated the virtues
of a system of privately-owned property in a free-market: those
with differing choices are able to pursue their desired ends,
each free to commit his or her resources in the process. There
is nothing “right” or “wrong” about my preferring to shop at a
Whole Foods store while my neighbor wants to shop elsewhere.
Another council
member announced her vote in opposition to the proposal by saying
that this store did not satisfy her “vision” for this neighborhood.
Of course, the city council’s rejection of Whole Foods’ petition
denied the “vision” not only of this company, but of the thousands
of people who wanted the opportunity to shop at this location.
Nor can we forget the frustration of the “vision” of the property
owner who must now forego the sale of his land to Whole Foods.
I am tired
of all the self-styled “visionaries” who dream of neighborhoods,
communities, or worlds, the costs of which they want to impose
upon those with a different set of preferences for their lives.
Such people – including the equestrians willing to use state power
to enforce their fancies upon others – are engaged in the practice
of “socializing costs.” The principles upon which they act are
no different from those who pollute the air, waterways, or lands
of others with their industrial wastes; nor is their conduct distinguishable
from the teenagers who might drive by this same parcel of land
and toss their empty soda cans onto it.
Those who
make a lifestyle out of such practices remind me of puppies not
yet housebroken. Somewhere along the way – doubtless in the school
systems that have spawned such thinking – their minds became infected
with the idea that the lives and properties of other people were
theirs to play with, to be moved about in fulfillment of the “visions”
they have fashioned for the world. Whether in city council chambers
or Pentagon “war rooms” or the “oval office,” the same destructive
games are being played at the expense of a humanity that has grown
weary of bearing these unwanted costs.
I
doubt that the equestrian set will grasp the meaning of what I
pointed out at the public city council meeting. I suggested that,
in their efforts to get the city to prohibit Whole Foods’ project,
they might consider the importance of the private property principle.
The day might come, I said, when someone else might be before
the council with a proposed ordinance to prohibit the stabling
of horses in an urban, residential setting. But the arrogance
of their self-righteous stance was too strong to contemplate such
a possibility.
I
don’t know what options might be available to the owner of this
parcel, whose planned sale to Whole Foods is now a thing of the
past. Perhaps a tattoo parlor, a psychic reader, or a taxidermist
could occupy the parcel so disdainfully downgraded from what might
have been constructed. There would be irony in having equestrian
elitists ride their horses past a shop devoted to the stuffing
of dead animals.