Should Property Rights Be Decided By Majority Vote?
On April 21, 2008, the City Council for the City of Seal Beach voted 4 to 1 to adopt a controversial ban on third story construction in the downtown area. This decision could have enormous financial consequences for home owners in the area who bought with the expectation, under existing zoning, that they could build up to a third story. The Orange County Register reports that at least two of the four council members who voted for the ban cited "majority opinion" as the basis for their decision. Since when are civil rights--yes, property rights are a basic civil right--determined by majority vote? Do you believe that your right to develop and use your property consistent with existing zoning should be subject to change as long as a majority of residents favor it?
This is a difficult situation, as homeowners build up their homes,by adding more floors, they impede the view of other homeowners view of the the ocean and sets off a competition. On the other hand, it's your property you ought to be able to use it, develope it, any way your heart desires. Gabe
Well, I do somewhat disagree with the civil rights analogy. Building a 3rd story affects other people's enjoyment of their property and in fact their own property values if they can no longer see the view.
Mark, do you want your neighborhood to look ugly? Cities need to have control over design and urban planning.