Should your rights be up for discussion?
Property rights are routinely put to a vote. Neighbors get to decide what the new guy has to do (or not do).
On today’s news, in cities and counties across America:
Person or organization buys property to build or rebuild something.
Local planning department checks to make sure plan follows local land use rules.
Person/org edits their plan to conform to land use rules.
Public hearing allows neighbors to offer comment and critique.
Local planning department backpedals in favor of status quo.
Sprawl is what happens when you let every neighbor chime in on how the new guy uses his property.
Very few people jump at the idea of increased density next door or across the street. That’s just the way it is. Asking for a show of hands will not deliver compact, sustainable development.
The headline below is from a recent case near me in Virginia. The case is far more than "expressing concerns" and it happens with infill & new construction all the time.
Here are some examples of things that serve the public interest, and are often not what the public wants:
smaller lot sizes
accessory business units
accessory dwelling units
roundabouts
bike lanes
People don't like the sound of "democracy is ganging up to vote your neighbor off the street,” but that’s what happens when development proposals go through public comment periods.
Check out this story from San Francisco, CA, the nation’s NIMBY OG:
After submitting plans to the department of building and inspection in November 2019, which required him to notify his neighbors, one of said neighbors – a competing ice cream shop no less – contested the idea and Yu was forced to wait until the following June before he could plead his case in front the city’s planning commission.
San Francisco and other cities around the country make it easy for neighbors to file frivolous claims. It’s an ugly situation where forming a mob to yell down a new business or housing project is the path to NIMBY victory.
Once you start looking for these stories, you’ll see them everywhere.
So back to the title of this post. You are a property owner and you’re planning construction or modification to your private property. Your plan meets all the requirements for material, height, etc. You’re following all the development rules. But your neighbors don’t like your plan.
Should they be able to squash it? Are your rights up for negotiation?