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Land use law is, under American constitutional law, permitted to local governments under the 'Police Power': https://en.wikipedia.org/wiki/Police_power_(United_
by akgerber 9y ago
Land use law is, under American constitutional law, permitted to local governments under the 'Police Power':
https://en.wikipedia.org/wiki/Police_power_(United_States_constitutional_law)#Basis_of_United_States_land-use_planning_authority https://en.wikipedia.org/wiki/Police_power_(United_States_co...
In my opinion, using land use law to ban apartment buildings is a misuse of this power.
I think that we should be able to build miles and miles of apartment buildings that meet fire-safety codes, rather than laws that mandate vast swathes of a region's land are only usable for single-family homes, leading to sprawl and long car commutes.
Just because a society will never be perfectly just doesn't mean the status quo is particularly just— that's the is-ought fallacy. Do you think the state should use its power to ban things you dislike or find aesthetically distasteful, no matter its effects on others, when you're already wealthy and able to build yourself a pleasant life? Because that's the current usage of zoning law in the US.