Fischel sometimes uses elegant terms ("homevoter," "unlovely land uses"), classical phrases ("people who buy houses are more careful about it than almost any other transaction, save perhaps getting married"), and even employs a reverse golden rule of sorts ("municipalities will foist disamenities on their neighbor that they would not do unto themselves"). Sometimes Fischel uses blunt summarization such as when he writes that the "Smart Growth Movement" and growth controls "seem to act more like a cartel for those already in possession of suburban homes than as a rationalizer of metropolitan development patterns."Fischel includes helpful subheadings in each chapter, reminiscent of Machiavelli's classic The Prince, that succinctly tell you what he is driving at.Unlike most economics texts, there are no obfuscating "supply and demand" tables in this book.
My only disappointment with the book is that Fischel did not go far enough. For instance, what just compensation is to be provided to landowners whose property has been downzoned for environmental preservation by local government, then acquired by a state or federal agency, or a non-government organization (NGO), for the same preservation use for which it was downzoned? When local government downzones a property to buy it on the cheap it is typically considered a confiscatory taking. What is the difference when two levels of government act in concert to accomplish the same thing, both in response to the same incumbent home voting constituency?Moreover, such interference with real estate markets often results in a situation where there no longer is available any land sales market data from which to determine the value of a property, except government and non-government organization sales that can not be considered under government real estate appraisal standards (see reviewer's "Valuing Nature Land in 'Extinct' Markets," Appraisal Journal, 1998).Another example would be toxic waste site cleanup policies that are less concerned with the "health effects" than "wealth effects" to surrounding property values (see reviewer's "But is it Market Value?" Appraisal Journal, 1999 and "The Externality Principle: Value Transfers from Toxic Waste Site Cleanups as a Basis for Regulatory Takings," Environmental Claims Journal, 2001). How can "people vote with their feet" when growth controls are meant to put one's feet in cement so to speak?Perhaps Fischel will follow up with a sequel that can address such dilemmas in greater depth?The Homevoter Hypothesis is an indispensable book for city managers, local politicians, zoning and school boards, and the legal and real estate professions.I give it an unqualified highest rating.
Wayne Lusvardi
The opinions expressed above are solely those of the reviewer.
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