Tuesday, February 17, 2004
Economists have argued that Americans (prompted by tax codes) have overinvested in housing and, therefore, have a demand for tough property rules that they get from local governments.
Economist William Fischel has elaborated the "homevoter hypothesis" and the appeal of small cities and their governemts as a source of property rules. The rise of private communities offers another chance for homewoners to get the rules they want. New developments with market-pleasing rules of governance thrive in the places that make the Kotkin-Friedman list of top cities. Bottom-up rules of property are on the rise. It is still unclear whether this means that top-down rule-making will recede. It has fostered an expensive "approvals process" -- and housing shortages and "afforadability crises" along the way. The resulting approvals lobby and top-down real property rules now have a considerable constituency.

