China introduces plan to eliminate gated communities

Gated communities may be popular in the United States and many other countries but China is looking to open them up:

Along with its ambitions to finally put an end to “weird” architecture, China is also hoping to ban gated communities. In the same directive that called for stricter building standards, the State Council of the People’s Republic of China has also recommended that future residential enclaves be opened to the public. Existing gated communities would also gradually have their once-private streets integrated into the public road network. Not only would the move ease traffic congestion, the government argues, but it would also make better use of land.

But that particular part of the plan has drawn criticism from legal experts and fierce opposition from the public. Lawyers say such a mandate infringes on residents’ property rights, which according to China’s property laws, are “inviolable.” According to the South China Morning Post, the cost of roads and other shared spaces inside gated communities are factored into the price of residents’ homes, so they are essentially considered private property. China’s Supreme Court recently told the Hong Kong newspaper that they will be “paying close attention” to the directive.

Is this a microcosm of a larger debate between a more free market economic system versus more government control? The question of whether developers can build and residents, particularly those who feel they have joined the middle or upper class, can move into gated communities seems tied to a number of bigger issues.

I’m reminded that one tool of power available to governments is to dictate use of land and regulate architecture. Americans tend to prioritize property rights but the United States has a variety of land and architecture regulations, particularly zoning at a local level as well as historic preservation districts. Less frequent is the use of eminent domain, though it has been used regularly in the past for urban renewal which was often about taking land and profiting from new development. See the recent case in Chicago where Mayor Rahm Emanuel has discussed seizing the old post office building to make money for the city.

So how far should governments go regarding regulating land and architecture? A completely free market system would lead to some negative outcomes but too much implies tyranny.

Municipalities and Wall Street argue over using eminent domain to stop foreclosures

Some municipalities are considering using eminent domain to slow foreclosures – and Wall Street and those in real estate are not happy:

On Saturday, Mayor Wayne Smith of Irvington, N.J., will announce that his mostly working-class city is proceeding with a legal study of the plan. Irvington could try to head off legal action and repercussions through what are called “friendly condemnations,” in which incentives are used to persuade the owner to drop any objections, he said. “We figure if this program works it can help anywhere from 500 to 1,000 homes.”

This summer the similarly working-class city of Richmond, Calif., in a heavily industrial part of the San Francisco Bay Area, became the first to identify homes worth far less than their owners owe, and offer to buy not the houses themselves, but the mortgages. The city intends to reduce the debt on those mortgages, saying that will prevent foreclosure, blight and falling property values. If the owners of the mortgages — mostly banks and investors — balk, the letters said, the city could use eminent domain to condemn and buy them.

Since then, intense pressure from Wall Street and real estate interests, including warnings that mortgages will become difficult or impossible for Richmond residents to get, has whittled away support for the plan. The city has yet to actually use its power of eminent domain, but it is already fighting two lawsuits filed in federal courts…

Opponents of the strategy, including the institutional investors BlackRock and Pimco, Wells Fargo and the Mortgage Bankers Association, say that taking mortgages by eminent domain is a breach of individual rights and that investors will not receive fair market value for the mortgages. In Richmond, Mayor Gayle McLaughlin has asked investors to come to the table to work out a price, but they have so far declined to negotiate.

An interesting convergence of rights. Typically, eminent domain usage tends to raise the ire of citizens but this article makes it sound like this is something residents want. Is this the case? One argument often leveled against eminent domain is that allowing another case gives governments more opportunity to do what they want when they want. However, with this strategy, the municipalities are trying to work for the residents and against larger entities.

I wonder if the only thing that would convince banks and mortgage holders to consider this would be bad publicity, something along the lines: “Those Wall Street banks want to take advantage of distressed communities and are unwilling to work with them to improve their neighborhoods or help their residents.” This would involve less of a legal strategy and more of a public relations strategy.

 

Richmond, CA wants to address foreclosures with eminent domain

Richmond, California is seriously considering a more radical municipal approach to foreclosures:

The city has offered to buy more than 600 underwater mortgages at below the homes’ current value.

“If they are unwilling to negotiate a sale of the loans, which we want them to do, then we will consider using eminent domain as another option to purchase these loans at fair market value,” said Richmond Mayor Gayle McLaughlin…

Richmond is the first city in the country to take the controversial step of threatening to use eminent domain, the power to take private property for public use. But other cities have also explored the idea…

Banks, the real estate industry and Wall Street are vehemently opposed to the idea, calling it “unconstitutional” and a violation or property rights, and something that will likely cause a flurry of lawsuits.

It will be interesting to see how this plays out. I suspect a number of communities would argue they have few other options in order to force the hands of mortgage providers.

Gearing up for a “quick-take” approach to the land for the Illiana Expressway

The Illiana Expressway has been talked about for decades but now it looks like the government is determining how to acquire the land:

Compounding the fear for the couple and hundreds of others who live along or near the 47-mile corridor is legislation pending in the Illinois House that would give the state controversial “quick-take” power to acquire land for the project.

Quick-take allows local governments to act fast in seizing land for public projects, skipping the possibly lengthy legal proceedings under eminent domain condemnation.

Anxiety levels are sky-high among many farmers and homeowners who could be affected by the expressway that would connect Illinois and Indiana. Public meetings have been standing room only. Property owners in Lake County, Ind., and Will County have been flocking to an interactive map at illianacorridor.org to see whether their homes, businesses, backyards or back 40s are within the path.

“There’s no question property can be condemned for a highway. The state or whoever is going to get it,” said Dan Tarlock, a professor at IIT Chicago-Kent College of Law. “The question is how much the landowner is going to get paid. Quick-take is designed to take first and then fight about the money.”…

State Sen. Toi Hutchinson, D-Chicago Heights, sponsored the quick-take legislation in the Senate, where it passed 44-8 on March 28. She said the measure is necessary to streamline the process so that ground can be broken for the Illiana by 2016…

Hutchinson, whose district includes much of the Illiana corridor, said the project is vital for job creation and economic development in southern Cook and northern Will counties.

This is a classic situation pitting the interests of the “greater good” versus individual property owners. The article also suggests there is little or no opposition to the project itself, rather the opposition is to how the land is seized. I wonder why the article doesn’t talk more about what prices landowners get for their property in the quick-take process compared to a more protracted process. Isn’t that what is at stake here?

Looking at the proposed routes for the expressway, who exactly is this supposed to serve? Here is the overview of the project:

Previous studies have indicated possible benefits for an east-west transportation corridor extending from I-55 in Illinois to I-65 in Indiana. These include providing an alternate route for motorists traveling the I-90/94 corridor, relieving traffic on the I-80 Borman/Kingery Expressway and U.S. 30, serving as a bypass for trucks around the congested metropolitan highways, providing access to one of the largest “inland port” intermodal freight areas in the U.S. and the proposed South Suburban Airport, supporting economic development in this area, and the potential for substantial job creation. Will County, IL was one of the fastest-growing counties in the U.S. between 2000 and 2010, adding 175,000 residents and increasing demand for additional transportation options.

This doesn’t seem aimed at the Chicago area really because a better route for the Chicago region might be to extend I-355 south and then loop it over to I-65. Is this primarily for warehouses in Will County so they can have easier access to both I-55 and I-65? Are there expectations for more suburban growth south of Chicago?

A reminder: some of funding for studying the Illiana Expressway was to come from the increased tolls on Chicago area highways.

Does the failure of urban renewal necessarily mean that the free market could solve the problems of poor neighborhoods?

Reason looks at what happened to one New York City neighborhood in the name of urban renewal:

In 1949, President Harry Truman signed the Housing Act, which gave federal, state, and local governments unprecedented power to shape residential life. One of the Housing Act’s main initiatives – “urban renewal” –  destroyed about 2,000 communities in the 1950s and ’60s and forced more than 300,000 families from their homes. Overall, about half of urban renewal’s victims were black, a reality that led to James Baldwin’s famous quip that “urban renewal means Negro removal.”

New York City’s Manhattantown (1951) was one of the first projects authorized under urban renewal and it set the model not only for hundreds of urban renewal projects but for the next 60 years of eminent domain abuse at places such as Poletown, New London, and Atlantic Yards. The Manhattantown project destroyed six blocks on New York City’s Upper West Side, including an African-American community that dated to the turn of the century. The city sold the land for a token sum to a group of well-connected Democratic pols to build a middle-class housing development. Then came the often repeated bulldoze-and-abandon phenomenon: With little financial skin in the game, the developers let the demolished land sit vacant for years.

The community destroyed at Manhattantown was a model for the tight-knit, interconnected neighborhoods later celebrated by Jane Jacobs and other critics of top-down redevelopment. In the early 20th century, Manhattantown was briefly the center of New York’s black music scene. A startling roster of musicians, writers, and artists resided there: the composer Will Marion Cook, vaudeville star Bert Williams, opera singer Abbie Mitchell, James Weldon Johnson and his brother Rosemond, muralist Charles Alston, writer and historian Arturo Schomburg, Billie Holiday (whose mother also owned a restaurant on 99th Street), Butterfly McQueen of “Gone with the Wind” fame, and the actor Robert Earl Jones.

Designating West 99th and 98th Streets a “slum” was bitterly ironic. The community was founded when the great black real estate entrepreneur Philip Payton Jr. broke the color line on 99th Street in 1905. Payton, also credited with first bringing African Americans to Harlem, wanted to make it possible for a black man to rent an apartment, in his words, “wherever his means will permit him to live.”

While Reason is a conservative website, there are plenty of others on the other side of the political aisle that also agree that urban renewal had a negative impact on many neighborhoods. Ultimately, this policy was used to clear “slums” and to use that land for more profitable development, typically for wealthier residents and businesses. Additionally, what actually counted as “blight” or as a “slum” was contentious as it tended to frown upon cheaper, ethnic or non-white neighborhoods. Blacks weren’t the only ones displaced; Herbert Gan’s classic work Urban Villagers looked at the fate of an Italian-American neighborhood which was ripped apart by urban renewal.

Since this comes from Reason, I assume that this is a critique of liberal policy and of eminent domain: you can’t trust the government with these kinds of powers as they will use it to trample people they don’t like. But can we swing all the way in the opposite direction and suggest that the free market will eventually get rid of the issues that poorer neighborhoods face and that lead them to be ripe for urban renewal?

I would argue no. Left to its own devices, the free market can also result in harmful policies that hurt less than wealthy neighborhoods. Here are a few examples:

1. Redlining. This was based on the practice of marking urban neighborhoods in terms of the security of their real estate by the Home Owners’ Loan Corporation which arose out of the New Deal. But this practice really took off when private lenders and institutions adopted the government agency’s markings and then only made loans to the better neighborhoods, effectively shutting out poor neighborhoods from mortgages.

2. Exclusionary zoning. After the Fair Housing Act of 1968 ruled out discrimination in the sale or rental of housing, exclusionary zoning became a hot topic in the 1970s. A number of court cases looked at how the zoning guidelines of communities and counties effectively kept poor people out of suburban locations. By only allowing higher priced housing or certain kinds of housing (like single-family homes on a minimum of 2 acres), these zoning guidelines were very effective in maintaining the exclusivity of certain areas.

3. Still existing discrimination in obtaining mortgages and other loans. There have been plenty of studies that show when equally matched whites and blacks apply for a mortgage or a car loan or another loan, blacks are rejected at higher rates. Similar research has shown this also applies to jobs. Read an overview of this research in a 2008 Annual Review of Sociology article.

4. The ongoing presence of residential segregation in the United States. Many of our major cities, particularly in the Northeast and Midwest, are still very segregated. View maps of some of these cities here.

5. Gentrification. While the influx of residents may “improve” a neighborhood, it often has the effect of pushing the poorer residents into other poor neighborhoods because of increased housing prices and property taxes.

So urban renewal was not the answer. But it is unlikely that a completely unfettered free market is as well. So perhaps the real question to address is how to craft effective public policy that provides aid to neighborhoods and their residents so that these neighborhoods truly improve, add jobs, and experience revitalization. The key here is “effective,” policy that does not become cost prohibitive, works with local residents and organizations rather than just applies a top-down approach, and achieves attainable and worthy objectives while minimizing unintended consequences. This is likely a difficult task but swinging the pendulum all the way to the free market side isn’t the solution.