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This is wrong. There are reasons for the town to control what you can build on your property. My neighbor should not be able to tear down his two story house a

This is wrong. There are reasons for the town to control what you can build on your property. My neighbor should not be able to tear down his two story house and replace it with a five story apartment building built up to the property line. My neighbors should not be allowed to leave a rusting hulk in their front yard, nor should I. We shouldn't be allowed to not mow the lawn for a month, pissing everyone else off (they were not growing dandelions, they were simply neglecting their property out of laziness). And no, I really do have a property interest in the view from my porch. And so do my neighbors. Which is why I don't care if you have a rusting hulk in your backyard, or you never mow it. There is a very large difference between "you cannot allow your property to go derelict" and "you must paint your house this shade of puce."

logfromblammo 10y ago
You do not have a property interest in your scenic view. That would require a view easement on someone else's property, which only some states have. California is one of them, but many of the US do not currently allow them. But no state allows a negative prescriptive easement. That means if you want a (inherently negative) view easement, you have to buy it, create it on your own property before selling it, or convince a court to award it to you. HOAs have their power because the subdivision developer put the easements and covenants in place before selling off the lots. Zoning or ordinance changes by the municipality are simply a [usually uncompensated] taking of your rights in your own property. There may be an argument to be made that eminent domain allows a municipality to do this, but doing so without just compensation is illegal in the US. So if the town passes an ordinance banning storage of derelict cars wholly visible from every point on the road frontage property boundary, it needs to pay everyone something to compensate for that. The amount of such compensation may be as little as $1 per owner, but even that would place a limit on how many arbitrary property-use rules a town can impose on its residents. That's a good thing. It encourages governing bodies to prioritize their meddling, such that the derelict car rule goes in before the anti-dandelion rule. Ownership rights and property laws are several of the foundation stones underlying all of human civilization. As such, there is a right way (pay for what you take) and a wrong way (take whatever you can) to manage property. My opinion is that the number of vague and arbitrary rules that are placed into HOA covenants are such that they are more suited for leases, such that each lessee must read and agree to them each time they sign, and the market can respond more readily to discount the lease price in accord with the burden of the restrictions. Have you ever read any of those HOA covenants? I'm surprised anyone would buy property with even half the restrictions on it.

logfromblammo 10y ago

You do not have a property interest in your scenic view. That would require a view easement on someone else's property, which only some states have. California is one of them, but many of the US do not currently allow them. But no state allows a negative prescriptive easement. That means if you want a (inherently negative) view easement, you have to buy it, create it on your own property before selling it, or convince a court to award it to you. HOAs have their power because the subdivision developer put the easements and covenants in place before selling off the lots. Zoning or ordinance changes by the municipality are simply a [usually uncompensated] taking of your rights in your own property. There may be an argument to be made that eminent domain allows a municipality to do this, but doing so without just compensation is illegal in the US. So if the town passes an ordinance banning storage of derelict cars wholly visible from every point on the road frontage property boundary, it needs to pay everyone something to compensate for that. The amount of such compensation may be as little as $1 per owner, but even that would place a limit on how many arbitrary property-use rules a town can impose on its residents. That's a good thing. It encourages governing bodies to prioritize their meddling, such that the derelict car rule goes in before the anti-dandelion rule. Ownership rights and property laws are several of the foundation stones underlying all of human civilization. As such, there is a right way (pay for what you take) and a wrong way (take whatever you can) to manage property. My opinion is that the number of vague and arbitrary rules that are placed into HOA covenants are such that they are more suited for leases, such that each lessee must read and agree to them each time they sign, and the market can respond more readily to discount the lease price in accord with the burden of the restrictions. Have you ever read any of those HOA covenants? I'm surprised anyone would buy property with even half the restrictions on it.