In trying to preserve open space in New Jersey, the land falls into the hands of the wealthy

Here is an interesting argument from a northern New Jersey columnist: the state’s effort to conserve open space by offering a tax break for farmland has left most of the open farmland in the hands of the wealthy.

It’s in the New Jersey Constitution, has been since 1963. Farmland is assessed for property taxes at its agricultural value, not its development value. To qualify, the property has to be at least five acres. Subsequent laws require that it generate at least $500 a year in agricultural revenue.

The goal was and is to preserve some of New Jersey’s diminishing stock of open land before it is all turned into condos and McMansions.

The program is working. But open land costs so much that the people who can afford to buy it tend to be well-to-do. This is unfair, critics say, because it enables rich people to surround themselves with open space and views while real, dirt-under-the-fingernails farmers are forced out of state…

Unsurprisingly, some owners of such New Jersey properties are megabucks celebrities. The rock star Jon Bon Jovi owns seven farm acres in historic Middletown, near the shore in Monmouth County, on which he paid $104 in taxes in 2010. Steve Forbes, magazine publisher, paid $2,005 in taxes in 2009 on 450 acres in Bedminster, in the Somerset Hills.

And here are former Gov. Christine Todd Whitman and her husband, John, who own 167 acres in Tewksbury, in Hunterdon County, on which they paid $1,521 in taxes in 2010, and 65 acres in Bedminster, on which they paid $173.

This sounds like a situation of unintended consequences: the law was intended to keep farmland open in the midst of suburban development but because of rising land prices plus tax breaks, the wealthy benefit.

Of course, there are other ways to conserve open space in the face of development. Contrast the approach in New Jersey versus the actions of the DuPage County Forest Preserve. After World War II, the Forest Preserve was very aggressive in grabbing open land, particularly land around waterways. If I am remembering correctly, by the late 1960s the Forest Preserve had over 15,000 acres in a rapidly expanding county that grew from almost 155,000 people in 1950 to nearly 492,000 in 1970 to over 904,000 in 2000. This didn’t come without a cost: the Forest Preserve had to find money to fund these purchases and there were complaints about rising local taxes plus the debt taken on in bonds. Additionally, the Forest Preserve ended up in several tussles over land with municipalities as both the County and suburbs wanted to control land before it disappeared. Today, there are still complaints about the Forest Preserve as the over 25,000 acres are maintained with taxpayer dollars. At the same time, there are a number of very nice sites and the land, unlike farmland, is open for everyone to use.

So if it came down to providing tax breaks  for the farms of wealthy landowners or having facilities that are taxpayer supported but also available to all, which would you choose? Presumably there are other options to choose from as well?

Migration after a “millionaire’s tax”

A number of states are considering raising taxes for wealthy residents and some have argued that such taxes push wealthy people to move to another state. Here is a brief summary of some research on what happened in New Jersey after a millionaire’s tax was implemented in 2004:

A 2004 “millionaire’s tax” in New Jersey had little effect on migration, according to a study by Stanford University sociologist Cristobal Young and Princeton University sociologist Charles Varner published this year in the National Tax Journal. Moving from California to escape taxes is even more difficult.

“Many people in New Jersey could move 30 or 40 miles and find themselves in lower-tax Connecticut or Pennsylvania,” Young said in an email. “If you are in the Bay Area, it is a 500- to 700-mile move to competing urban areas such as Las Vegas or Phoenix. That is a tough move – you will be starting a new life.”

The New Jersey Department of the Treasury issued its own research in October that countered the Young-Varner study. The department is led by an appointee of Republican Gov. Chris Christie, a vocal opponent of a new “millionaire’s tax.”

In a state with 8.7 million residents, the department said that all tax increases – not just those on the wealthy – resulted in 20,000 fewer taxpayers.

So it sounds like both research studies could be right? Though I haven’t read either study, the loss of 20,000 taxpayers from New Jersey doesn’t sound like much. Additionally, there are a lot of reasons people could move and taxes are just one part of the larger business climate and cultural setting. Without clear trends in the data or interviews or surveys with people who leave, it would be hard to know that taxes were what pushed people out of the state.

The argument that it might be more difficult to move out of California because of greater geographic isolation is intriguing. I would think that distance matters less than other characteristics that draw people to California such as the weather and exciting cities. If geographic isolation is a key factor, we would see more movement in metropolitan areas that straddle states, such as New York City or Chicago where residents who want to protest or move because of taxes could live over the border in Indiana or Wisconsin and still be part of the region.

When states consider higher taxes for millionaires, why haven’t more millionaires acted like corporations who then threaten to leave and force tax breaks? Would it be too easy to vilify individual wealthy residents?

In the end, I wonder about the validity of arguments that people move solely in response to tax rates.

Higher taxes might push companies to leave but not necessarily wealthy residents?

Many municipalities and states are looking for ways to raise additional tax revenue and this has led to conflict with companies that either have had or want tax breaks to stay where they are (a prominent Illinois example here). But we could also consider whether higher tax rates prompt wealthier residents to move elsewhere. Some evidence from New York City suggests this did not happen:

According to the Census Bureau’s latest American Community Survey, the average household income of those who left the state in 2010 was $44,739. The average for those who came was $55,419 — the largest differential in at least five years…

A separate analysis of census data found that the number of households making more than $250,000 who lived in New York a year earlier but left peaked in 2004 and has generally declined since 2007. About 14,000 households in 2009 and the about the same number in 2010 reported having left New York within the past year, the lowest numbers in that category since 2003.

That analysis did not take into account inflation, and could reflect lower migration rates in general across the country.

As this short piece suggests, we may not want to run and apply this to all wealthy residents in the United States. Additionally, if this can be done with American Community Survey data for New York City, why not do it with other areas of the country in order to make comparisons? Then we could find out whether this data is more reflective of New York City and its relative wealth and importance as a finance and cultural center than of larger trends about wealthy people.

I do wonder about the value of using short-term migration data to prove points about new legislation and revised taxes. People could move for a lot of reasons beyond just one change and I don’t think the ACS data tells us why people move. This could be a clever way to examine a “natural experiment” but there needs to be care taken in interpreting the results.