In this post, I will consider the Common Council discussion on university housing, and off-campus student housing. It was the most heated portion of the meeting, but some of the quiet, scattered remarks during the conversation were no less telling.
On Property Rights. To advocate free markets, in capital and labor, is to advocate free private property markets. I believe in strong private property rights. Many of my criticisms of municipal enforcement stem from the notion that private property rights are inadequately respected.
I think that Whitewater has this problem, most often: an over-reliance on an intrusive government that fails to understand or respect individual rights, including property rights. Men who have lived lives on the public payroll, or as long-term or ambitious politicians over-estimate the proper limits of government. Partnership this, partnership that: government quickly assumes the role of senior partner, and sees things its way.
Career bureaucrats govern poorly.
There’s an opposite problem, though, that a few in town feel – that government does too little to enforce violations of private property rights. When they recount their experiences with unfair treatment at the hands of neighbors, without municipal redress, who is not irritated? This is not the free society of private property rights that America promises.
On Enforcement. Consider the situation of Atty. Terry Race, who lives near the university. He has experienced neighbors who have done nothing but abuse his property. I am sympathetic to his situation, and I’ll offer a few remarks on his appearance at Council.
Having been disappointed so often – as he notes – Atty. Race contends that it is useless to seek redress from municipal authorities. I think he’s right, but for reasons that may differ from his.
From his experience, Whitewater has a problem with chronic under-enforcement — not enough has been done to protect his rights. I won’t disagree.
I’ll add another concern, though – those who enforce too little in some cases will through poor judgment enforce too much in others.
We have, to my mind, a failed enforcement apparatus that variably over and under enforces.
We do not have an administration that has a feel for redressing these issues with the proper balance between too much and too little.
In this and so many other matters, there’s no true municipal accountability. Some can do whatever they want with no correction of any kind. That’s Whitewater – and that experience will fall on people on different sides of an issue.
On Litigation. Attorney Race proposed a litigation-oriented solution to some of these property rights problems, because he feels that municipal redress in futile.
We have never discussed this matter, but I’m sure that he would agree that all litigation is a second-best, alternative. Ideally, one never wants to be injured in the first place.
If one should be injured, then litigation is a burden twice-over: first for the injury, and second for the imposition of having to seek redress oneself.
Even if one receives compensation through litigation, that compensation – in money damages or other relief – never makes a person whole. Compensation at law is an imperfect attempt to restore a person as best as a human institution can. No one who’s lost a limb, sentimental property, or quiet enjoyment is ever made truly whole through the law. Human compensation is always imperfect and inadequate.
If litigation is necessary, then one can see how useless government has become. Remember though – when municipal judgment fails, it often fails in all directions.
On Assessments. Some property owners are so enraged that they are seeking lower property assessments. Their cases are so strong that they are winning those reduced assessments.
Competency doesn’t look so competent; experience so experienced.
On Demand for Housing. We have the largest campus to city ratio of any the University of Wisconsin’s thirteen four-year campuses. When we see that we have a low percentage of single family homes as a portion of total housing stock, that’s one good reason – the campus is proportionately so large.
If no one will satisfy the demand that large size represents, then we’ll have an underground market that will be beyond any lawful enforcement.