Stick fighting produces acrimony

The cadre of development foes alleges mansionization creates community acrimony, but the cadre creates acrimony by its previously inspired building restrictions. Those restrictions confiscate private property-rights and convert them to public property-rights. The property owner then lacks some property rights. The neighbors own the other property-rights. Development then initiates acrimony among neighbors that a badly written will initiates among competing heirs. The division of property-rights inherently politicizes development.

Misunderstanding property breeds acrimony since property is not a collection of land and structures but a collection of legal entitlements or property-rights. Justice Holmes compares these entitlements to a bundle of sticks. By distributing the confiscated sticks to neighbors and city planners, the cadre and complicit council members control the property-owner. If the property-owner needs unimpeded development, he needs all the sticks. If recalcitrant stick-owners retain their sticks, development stalls. Development proceeds when the property owner trades his dream home for a cadre approved home. Stick fighting produces acrimony, and trading produces eternal hatred.

Recognizing property as a collection of legal entitlements facilitates cadre control of development. Without owning the property, the cadre controls the property through the design review board and through the enacted land-use restrictions. The board and the restrictions become cadre bludgeons.

John Haraden

Del Mar

   
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