MARKET GAMBLING

Congratulations to “darrell…Chesapeake” on a 15 percent profit in 30 minutes. And thank you for documenting EMR’s point. You make all those who say the stock market is not a gambling venue look like duffuses.

James Atticus Bowden says one could made 7 percent (compounded?) from the stock market over the period 1790 to 2008. Well sure, if you want to take the short term view :>)

The James Atticus Bowden’s time frame is just about the 1800 to 2000 period EMR uses to bracket the Agrarian to Urban Fundamental Transformation. A 7 percent return is to be expected given the continent of nonrenewable resources that have been consumed. Did someone say there is a limit to nonrenewable resources? Can you say “Punctuated Equilibrium?”

Lets take a shorter period, say since 1973 when every citizen should have know that Fundamental Transformation from Mass OverConsumption to sustainability was imperative.

The same or perhaps even greater “growth” of the stock market might be calculated but that demonstrates why data that is not aggregated intelligently is more misleading than no data. This reality concerning data is critical to achieving an understanding of human settlement patterns but it is also important in this context.

Some stocks (or baskets of stocks) did a lot better than 7 percent compounded after inflation since 1973. These are the ones that brokers like to cite.

Then there are stocks (or baskets of stocks) that did a lot worse. One never hears about them.

One could have chosen what seemed like a great basket of stocks in 1972 and now find that none of them even exist now.

An “average” is fine but the investor must trade to keep the basket fresh and there in lies the gamble.

Who does one rely on for advice? A broker who makes profit every time you trade? Just hope she does not recommend Centennial Illinois, Lincoln S&L, Enron, WorldCom, Fannie or Freddie, AIG, …

You might invest in risk-minimizing mutual funds or other vehicles. Who do you rely on to rate these financial “products”? How about Moody’s, Standard and Poor’s or Fitch? See today’s coverage of yesterdays hearing on The Hill.

A favorite investing joke is about a car load of rotten sardines. The punch line is “What difference does it make if those sardines are rotten? They are not for eating, they are for buying and selling.”

Then there is Blogger Bob who champions that bellwether of functional settlement patterns, the pregnant-mother-of-two:

“A technologically driven society is more productive, and therefore costs are reduced.”

The crown prince of non sequiturs speaks.

The issue in not “productivity” it is consumption vs. capacity of a closed system. It is ecological footprint, it is the trajectory of consumption. By current measures of “productivity” driving a bus load of pregnant-mothers-of-two into a moving train adds to the GDP.

(More on pregnant-mothers-of-two soon.)

There needs to be an alternative to the negative trajectory of Business-As-Usual. How about Regional investing?

Garmeen Bank / mini-investing has won a Nobel prize. Why not Household investing, friend investing, Cluster investing, Neighborhood investing, Community investing, Regional investing – How about a diversified portfolio being an array of Regional investments in things that will make your life better.

Global speculation drives Supercapitalism.

Citizens should have the ability to investment in goods and services that they understand and the location of which creates functional and sustainable settlement patterns. A lot smarter than sardines for buying and selling.

Here is a specific: A Regional network of Community Enterprises that recycle / rebuild small batteries. As the Global supply chain atrophies one of the first things to come into short supply might be small batteries. The ones without which, hearing aids, hand held instruments, cameras, cell phones, alarm systems and millions of other devices will be useless, toxic junk.

“Rechargeable” is fine but rechargeables wear out and eventually do not hold a charge. An investment is a Regional system to redesign batteries so they can be rebuild and traded for spent ones might be a winner. There are thousands of battery sizes besides AAA, AA, A, C and D but one might start with “standard” sizes first. Right now all the big money is going to improve big batteries to propel Large, Private Vehicles. How do you market these new batteries? Well to the investors and their Households.

Billions of small batteries end up in the land fill every year. Well meaning “environmental services” try to keep car batteries out of the land fills but many of them still go there. A bigger problem is the small batteries.

In a primitive lab it is possible build a big 12 volt battery. Or get a jump start and use the generator. Try that with you cell phone. Standardize and redesign of batteries so they can be renewed. Not in China, but right in your Region.

Bill “Green Dean” McDonough could think of a thousand other “investments” but that will do to illustrate the concept of Regional investment.

EMR


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Comments

91 responses to “MARKET GAMBLING”

  1. Anonymous Avatar

    EMR,
    You are a friggin’ genius.
    (I have only know come to understand tis).
    Peter Galuszka

  2. Thomas Malthus just called. He wants his “the world is going to end in 20 years” shtick back.

  3. Jim Bacon Avatar

    I just deleted a comment by an anonymous poster that had no other purpose by to dish out a gratuitous insult. The comment made no substantive argument. I would remind readers, Bacon’s Rebellion is a forum for civil discourse. Make any argument you want, attack any argument you want. Flail away. But nothing is served by name calling.

  4. Jim Bacon Avatar

    Smart, recyclable batteries sounds like a great idea. If there is a market for the service, someone will surely find a way to meet it.

    A co-worker of mine, a young woman of 35, has justed started a part-time business selling biodegradable food containers — like those clamshell things they put food in at festivals and take-outs. She’s lined up suppliers on the West Coast, rented warehouse space and set up a delivery mechanism. Now she’s proselytizing Richmond’s restaurant industry and festival organizers.

    A green consciousness working within the framework of a free market system is the best way to create the innovative new technologies, business models and human settlement patterns needed to forge a sustainable economy.

  5. ” ..She’s lined up suppliers on the West Coast,”

    this is the part that it appears that EMR has a problem with in the context of functional settlement patterns.

    I get the impression that his functional pattern framework is regional and self-contained with external links deemed necessary evils better kept to a minimum….

    I keep trying to get him to come out on some of these things – to make clear his thinking.. but to little avail.

    as far as recycle is concerned… please notice that on some products – the manufacturer has cleverly or cynically depending on one’s point of view they have put the words “recyclable” which is a statement about society in general if you think about it.

    I did a little study on recycling at the landfill and the only three items that truly make money are metals, lead-acid batteries and motor oil.

    All the rest COST to recycle and the more that is recycled the higher the budget.

    Likewise, EMR seems to not have much to say about the large amounts of trash that cannot be recycled .. generated by dense urban areas in terms of whether such trash “belongs” inside the clear edge or “outside” of the clear edge – and why.

    In fact, the local landfill recently ran over budget when they had a much bigger turnout for accepting paint, pesticides, etc.

  6. James Atticus Bowden Avatar
    James Atticus Bowden

    The Army 21 study I led back in the early 90s for 2005-2015 indicated the only resource in short supply – and only one major location – would be some metals with few vowels in them used in aircraft production (greatest resource found in East Africa).

    I made add, today, common sense and economics education are in short supply.

    The only thing that will totally screw our economy is bad governance. Socialism, even wearing make up and calling itself “Liberalism” can destroy an economy.

    You violate the laws of economics with consequences, just like screwing with the laws of Nature (or physics if you prefer).

  7. Anonymous Avatar

    EMR I hope you are not as bitter as you sound sometimes :-p

    In all honesty if you know a better place to put my money the next 30 years I would love to here about it

    In the meantime I am continuing dollarcost averaging into indexes.

    NMM

  8. Anonymous Avatar

    Clearly, most people should not have been putting their money into the stock market over the last several years. Even with the decline this Spring, valuations for stocks were far above historic norms.

    The Russell 2000 and Dow Jones Industrials sported price-earnings ratios in the 70s'.

    The S&P 500 had a price-earnings ratio in the high 20's.

    Even now, the dividend yield on the S&P 500 is starting to approach 3%.

    Historic norms before the bubble started to form in 1995 placed typical valuations for bear market lows placed the dividend yield above 4% and the price-earnings ratio around 8 to 12.

    To ignore valuations in an investment, whether it's housing, equities, or something else, is what got people into this mess.

    The prices became detached from the income derived from the underlying asset.

  9. Anonymous Avatar

    James Atticus Bowden

    “Socialism, even wearing make up and calling itself “Liberalism” can destroy an economy”

    Is that the same thing as a pit bull with lipstick?

    Or am I mixing things up?

    Peter Galuszka

  10. Ray Hyde Avatar

    “Why not Household investing, friend investing, Cluster investing, Neighborhood investing, Community investing, Regional investing – How about a diversified portfolio being an array of Regional investments in things that will make your life better.”

    Why would any of those investments be any more or less risky than the present array that is readily avaialable? Why does one investment making 7% make yourlife any better than another investment making 7%?

    Anon 9:57 hit the nail on the head when he said:

    :The prices became detached from the income derived from the underlying asset.”

    And JAB is pretty close as well: the laws of economics depend on productivity and productivity depends highly on the availability of energy, therfore the laws of economics depend on the laws of thermodynamics. You can’t expect to get something for nothing (socialism) and you can’t make a perpetual motion machine (we are all better off if we just give up a little bit each).

    NMM is pretty clse, too. Take your age ans subtract it from a hundred. Put that percentage of your savings in secure invesvestments, dollar cost average the rest in to indexes (of variuos kinds) to diversify.

    If things get so bad that the indexes truly fail, then invest in guns and ammunition. Failing that, the indexes may never be as good as they once were, but they will always be a good average of whatever is still working.

    There is a real economy in recycling. We could make it a lot better by insisting that things not be engineered for obsolescence. But that economy still depends on the laws of thermodynamics at the end. I wonder if shipping biodegradable disposable containers from the west coast makes thermodynamic sense.

    We can process hundreds of tons of ore to get out an once of gold, yet the economics/thermdynamics of recycling hearing aid batteries may not work. You get gold ore all in one place, for decades at a time, you have to travel around and collect all those batteries. They only sell for a few cents per ounce, compared to gold, and the process of recycling them is not perfect, and creates pollution of its own.

    If it is the case that that there is no economic way to recycle them, then fretting about throwing them away is a meaningless exercise: the fact is you cannot afford NOT to throw them away.

    That said, I believe the green movement is missing a huge opportunity, by not insisting on products that are maintainable, and therfore recyclable. A few years ago I had a refrigerator that worked fine, but the door gasket had failed. A new door gasket was $440, more than half the price of a new rerigerator. Result: one perfectly good refrigerator in the dump.

    The old VW beetle was a terrible car, but it was eminently recyclable and repairable. My refrgerator was a great machine: it just outlived its gaskets. How freaking crazy is that? We can’t make or insist on, standardized gaskets? To save a $600 machine?

    EMR is on to something, but I kind of doubt that small batteries are the way to go, somebody would have figured it out by now. There are a lot bigger fish to fry, and more low hanging fruit. The recycling market is just like the stock market: if you think you are smarter than everyone else, then you are free to take the risk of putting your idea in play.

  11. Ray Hyde Avatar

    Now it turns out that Metro depends on complex financial derivatives to run, and they may be in jeopardy.

    Metro cannot depreciate its rail cars, like a normal business. So Metro sells the rail cars to a bank. The bank depreciates the rail cars, and leases them back to Metro at a price that effectively lets Metro split the tax benefit with the bank.

    The bank insures the transaction with AIG.

    AIG defaulted on its insurance, and now the bank wants its money from Metro.

    So, on top of the known subsidies to Metro, it now develops that there are additional taxpayer subsidies (provided through the bank) that are in play.

    And those subsidies are insured by an insurance comapany that will get still more money from the taxpayers.

    Oh, yeah, and if Metro actually has to pay all that money, next week, whee do you think it will come from, user fees?

    We need a lot more transparency in accounting.

    RH

  12. Anonymous Avatar

    Anybody wanna bet how much the price of the railcars was inflated before they sold to the bank?

  13. Ray Hyde Avatar

    “South Florida is in the throes of a truly hellish real estate bust. Home prices are down 24% in the past year, with many places changing hands for less than half their height-of-bubble values. The region has seen foreclosures on more than $14.2 billion worth of property this year—a record. Developers can’t sell enough units to pay construction loans. Condo boards are trying to keep the stairwells of their half-empty buildings clear of vagrants. Landlords are renting out units at daily rates to makers of porn films.

    The bleak tableau is exactly what vulture investors have been waiting for. Having sat out the bubble, they’re flocking to the Magic City to make lowball, often all-cash offers for numerous properties at once. “

    Business week.

    You gotta love that “market gambling”. But then, all that stuff still has to belong to somebody, right?

    Unless we do away with property rights.

    RH

  14. Ray Hyde Avatar

    “If the efficient markets hypothesis holds, and if investors are generally rational maximizers with rational expectations, then how did the current financial situation evolve? Why was there so much systematic error or bias for so long in investors’ assessments of assets? Why were there not more smart people betting against the trend and the euphoria of the markets? And why didn’t these contrary bets play the auto-correction role normally expected in financial markets? “

    “It is really hard to preach and teach EMH and rational expectations when so few people bet so little against the market, especially after the Northern Rock debacle over a year before the market meltdown. Why did it take so long for stock indices to drop and for the housing derivatives market to be exposed as the modern-day equivalent of the emperor’s new clothes?”

    Professor of Economics, John Palmer

    ——————————–

    People who predicted th e housing crunch, like Jim Bacon and EMR could have shorted the market and made a bundle. EMR could have made enough to build his own locationally efficient village, from scratch.

    So, why didn’t such people step up and place their bets?

    RH

  15. Ray Hyde Avatar

    “Hedge funds are fighting proposals to ease the terms of home mortgages, arguing that such a move would hurt their investments. Two funds recently warned mortgage companies that they might take action if the companies participated in government-backed plans to renegotiate delinquent loans in a way that undercut the funds’ interests.”

    Hedge funds have proerty rights, too.

    So here is a group that apparently bet against the housing boom (Notice they are opposed to renegotiating DELINQUENT loans.)

    Here is another case where the government protects one set of property rights preferentially AND SUPPOSEDLY FOR THE PUBLIC BEBEFIT, while destroying another group of property rights.

    We need more transparent accounting.

    RH

  16. E M Risse Avatar

    Jim Bacon:

    Thank you for the deletion.

    Larry Gross:

    The US of A and every New Urban Region in the US of A are so far behind on the standardization, componentization, anti-miniatureization necessary for recycling that it is frightening.

    In 1990 when we headed the Washington-Baltimore Regional Telework Advisory Council we visited a high-tech design firm in Munchen and then went to see one of their CAD operators.

    Rothwilla (as I recall, that was her name) was a delightful, well educated lady doing cutting edge work. Her office was off a farmhouse kitchen in tiny hamlet in the Bavarian Countryside. (In this part of Bavaria like many places in Europa, the farmsteads – houses, barns, equipment sheds, etc. – were in urbane hamlets and not scattered across the Countryside.)

    Rothwilla was married to a farmer but his brothers and many of the people in hamlet who worked outside the home and not in the fields worked at a recycling center set up in a converted barn.

    Every week a tractor trailer arrived with a load of electronic equipment – we do not recall what exactly – and reloaded with the salvaged components and materials for recycling. That was nearly two decades ago.

    We tried to promote these ideas when we returned, no takers.

    Entrepreneurs could make greater short term return on investment – due to direct and indirect subsidy – by sending stuff to the landfill and buying new from China.

    This was not new. In the 70s some of us were supporting the development of Synergistic Industry Complexes and Modular Integrated Utility Systems. Some had federal grants from the Nixon administration. The Feelgoodism of the 80s and 90s wiped out all these initiatives.

    Now, as we noted in another string, it will be long and / or painful to retool and achieve the standardization, componentization, anti-miniatureization necessary for recycling.

    But of course you can buy a jacket made in Cambodia with 17 pockets so you have a place for – and cord chases to connect – all your hi-tech gizmos that run of different size batteries until they go dead and you have toxic junk.

    The Town of Warrenton and Fauquier County may be doing more than Spotsy in recycling and waste stream value capture. They are at least trying.

    And please, stop setting up strawpersons.

    We never say “Selfcontainted” Regions.

    Triulizing does not become you.

    Citizens now live in a Global system. Just allocate the costs.

    When we do, someone will figure out how to make those recycleable clam shells in the Richmond New Urban Regions.

    It is called import replacement.

    Take away the subsides all the supporters of “Principled Conservative” websites are living off of and the world will be a better place.

    James Atticus Bowden:

    It is not just the physical depletion of resources like Peak Oil, that is the problem, it is the cost and availability of those resources.

    I am sure the Spec Fives in Iraq who have to smuggle in armor for their HumVees are pleased to know your study showed there would be not shortage of material.

    A football field near you is dark because someone stole the copper wires to sell for scrap.

    EMR

  17. E M Risse Avatar

    NB:

    “triulizing” is New Urban Region speak for “trivializaing”

    EMR

  18. Ray Hyde Avatar

    “so far behind on the standardization, componentization, anti-miniatureization necessary for recycling that it is frightening.”

    EMR and I sometimes agree. This is the single biggest green thing we can do, and yet there is almost no outcry for sustainable engineering.

    Only thing I don’t understand iw what miniaturization has to do with anything. All things considered miniaturization leads to less use of resources, although it might in some cases lead to things that are not repairable.

    RH

  19. Ray Hyde Avatar

    “Entrepreneurs could make greater short term return on investment – due to direct and indirect subsidy – by sending stuff to the landfill and buying new from China.”

    Yeah, and there were probably also countervailing subsidies as well. but the fact remains that it MIGHT have been actually cheaper, all things considered to STILL landfill and buy new.

    IF that was the case, then recycling would make no sense. It would be an economic cost, not a profit, and as such it would have concurrent ecologic and environmental costs that exceeded the benefit of recycling.

    It is just as Larry said, most recycling costs more than it saves, and where you can recycle different products depends on your material stream and location.

    Homes, for example are some of our most expensive products. Yet, for the most part you cannot disassemble a home and resell the material if you have to move it more than around 20 miles. We could demand modularized or mobile homes that can be dismantled or moved. Designed in from scratch, these modifications could cost very little.

    Of course, you might have to give up on the idea of green roofs to do it.

    RH

  20. Ray Hyde Avatar

    “someone stole the copper wires to sell for scrap.”

    Property rights. The government has to protect property, even its own property. Funny how we fuss when someone takes “our” property, but could care less when it looks like it isn’t our problem.

    What is your take on this, that the people who advocated placement of that football field did not factor in the full locational costs of protecting it?

    RH

    RH

  21. I would agree that when products are designed and created that if they are done so specifically with an eye towards recycling can be a good thing…certainly better than not doing so.

    but I think we fret about our “disposable” society… without thinking a little deeper about the feasibility of recycling – say betamax VCRs.

    It’s not that you cannot do it – but the technology has moved on and keeping your old betamax in the closet is as far as you’ll get with the idea of recycling it.

    take a wiring harness on an automobile… the only way to standardize it would be to standardize the things it is connected to …

    If you want to really appreciate the futility of this – go visit an auto parts store and look at the thousands and thousands of parts… many ARE standardized and some things like alternators ARE recycleable but a ball joint for a 89 Ford Van… alas.. is only going to get recycled in an iron smelter…at best.

  22. Ray Hyde Avatar

    Nope. It might get recycled into an 89 ford van, assuming it doesn’t cost more to get out than it is worth. Otherwise, if it is really obsolete, that’s different.

    And I’ll bet that if you had the right cross match on the numbers it would fit a lot of fords: it is only that the knowledge either does not exist or is kept secret.

    I knew of a scrapyard in NC that only accepted VWs and Corvettes. He dismantled every part and put it in inventory – indoors.

    Periodically, a “brand new” VW or Corvette would appear on the lot – entirely assembled from parts. He was able to do this through specialization and organization, and a great database.

    We have a long long way to go on this: I have in stock on the farm four different kinds of sickle bar teeth that are not interchangeable, yet you have to get a magnifying glass out to see the differences. It is enough to make you crazy to see the proprietary crap that goes on.

    Recently I had to replace the axle on a car becasue the CV joints were not available separately. The CV joints in turn would have survived longer if the protective boots wer more durable (or if the dealer had inspected them during service).

    Such excess repair costs means perfectly good stuff gets junked prematurely. And some of it is outright criminal.

    In EMR’s example the recycling was done in an old barn, itself recycled from a previous use. I’ve got an old barn, but I would be prohibited from such use, by zoning. And probably for good reason: recycling electronics is a dirty hazardous business.

    Recently I saw a scrap recycling place in a brand new industrial park. My first thought was how can he afford the real estate in such a place? The regulations and costs we impose alone make a lot of recycling impractical.

    Recycling needs to be safe, practical, and economical. It doesn’t need to be a religion.

    RH

  23. see … this is a part of EMR's vision that is not well understood.

    Is his idea of new urban regions dependent on the regional recyclability of things like appliances, furnaces, cell phones, etc….

    is that aspect key and vital to the idea of living, working, playing in New Urban Regions?

    or is this a thing separate and apart from the idea of functional settlement patterns at all?

    The thing about using things made from afar -whether they are recycleable or not is almost as old as mankind.

    From the time boats were made and sailed… trade was a integral part of all settlement patterns.

    and now to essentially eschew the idea that things made "overseas" as an impediment to truly functional settlement patterns – ….

    This is what I mean about fan dancing.

    He sort of implies this but when you ask for clarification… the answers are not direct but often in the form of what amount to "riddles" – at least in my mind.

    If what EMR is saying essentially that world trade is
    antithetic to functional settlement patterns… when such trade is thousands of years old and very much a part of virtually every settlement pattern since towns were first built…

    then he needs to say so – first

    and second – if we think trying to evolve towards more functional settlement patterns is difficult.. think about a settlement pattern essentially divorcing itself from goods made elsewhere…

    I get this sense from EMR in a number of different "cues" including his rejection of WalMart and WalMart's basic marketing concepts – that some blame for the demise of Mom&Pop type businesses.

    I'm not smart enough to know whether or not WalMart and WalMart wannabies are mortal enemies of functional settlement patterns but trying to get some hints from EMR on the subject is like.. well.. it's like watching a fan dance.

    and all I can say is.. fan dancing is not a good way to win folks over to your ideas… you gotta show a little more skin….

    😉

  24. I find it interesting that when EMR’s involved, I agree more with Larry than RH.

    What EMR describes reminds me of a self-sufficient Amish society where there’s pretty much no progress. Sure, there’d be electricity and buttons for shirts. He might even let you have an “iPod” but it would be the Wrong Sized Entertainment Unit. It would be more like the giant old Sony Walkman because it must use the state approved D-cell batteries. No other batteries are allowed.

    Never mind that you’re using 75% more plastic and 2x as much power than is needed to perform the same task. Miniaturization is bad. Specialization of the workforce — and the efficiency that brings — is bad, because we can’t buy from the presumably bad people in Taiwan and China.

    The free market, left to its own devices, is remarkably efficient. I belive you’d find it far more efficient than EMR’s state-planned urban hovels.

  25. Ray Hyde Avatar

    I agree tht miniaturization saves on materials, too. I don’t get EMR’s problem with it.

    On the other hand, I’d just as soon have a slightly larger cell phone, with buttons large enough to push. And if it had a couple more ounces of battery and longer life, it wouldn’t kill me.

    I’d put the screen on the bottom and the buttons on the top, where they are easier to work with the thumb while holding the phone.

    I still think that engineering for easy replacement and repair, recycleability, and interoperability could prevent a lot of waste and expense, given that the device is worth fixing.

    I never understood why we have deposits on soda bottles, but not appliances and aoutomobiles. Why not concentrate onthe big, expensive stuff? If the manufacturors knew the stuff was coming back when it becomes junk, they’d make sure it didn’t come back.

    I believe Germany has such a law.

    RH

  26. RH, they do make big button cell phones. See here. There’s even a service called “Jitterbug” that has ONE button. You press it, and an operator connects your call — just like in the 1920s! That’s the beauty of the unplanned marketplace. Everyone can be satisfied.

    Under the parts bin theory, the perfect automobile would be the Porsche 911. Its essential bits haven’t changed since 1964. It gets a mild update every now and then, continually improving. It’s a brilliant car, and I’d love to have one.

    The problem? Well, the engine is in the wrong place (behind the rear axle). It took about 30 years of electronic engineering advances to tame the deadly snap oversteer that came from the stupid engineering decision made in 1964 (which followed the even dumber design ideas of the little German guy with the funny moustache in 1931).

    But that’s the problem with a “parts bin” or recycle mentality. You lose progress.

  27. the number one enemy of recycling is ….. technology.

    If we outlawed technology – recycling would be a snap.

    say…. is this what EMR is saying?

    😉

  28. Ray Hyde Avatar

    I’d be the last one to propose that you outlaw progress, or safety.

    But that is no reason to design something new that can’t be disassembled or repaired, especially when it is a known wear part, like the CV joint on my VW. You can’t replace the CV joint, you have to buy the entire axle assembly, so it’s $800 instead of $150. There is nothing wrong with the axle, just the joint.

    Then when you get to the point that the car is only worth $4000, the whole car gets scrapped, because it isn’t worth 25% of the cost to replace what should be a $150 part.

    And it isn’t only the parts themselves. Sometimes you need a special tool, just because of the way the thing is assembled. On some cars you had to remove the engine mounts to get enough clearance to change the spark plugs.

    I guess you can’t outlaw stupidity, but some of the things I see are beyond stupid – they are criminal.

    Whenyou buy equipment, I think you are entitled to reasonable expectations. Most machinery will last for twenty years, and you ought to be able to get parts that long. I guess its just the Yankee in me, but it galled be to throw away a perfectly good refrigerator because the dorr gasket was outrageously priced. And then, I had to pay to have the freon recycled!

    RH

  29. “but some of the things I see are beyond stupid – they are criminal.”

    What happened to the RH who believed in property rights?

    Why should I, as a manufacturer, keep parts on hand for 20 years if there is no market demand to do so? (and in the cases where no inventory is kept, junkywards fill the parts role well)

    You might replace your own spark plugs, but 99% of the population has probably never gapped a spark plug. Guess what? I haven’t either. With platinum tips that go for 60k miles, it has never been worth my time to learn how to do it. It’s not an efficient use of my time. (I do the oil, etc)

    I also suggest you buy Japanese instead of German. All my engines have been really simple to maintain.

  30. well you might think that it makes no sense to replace an entire axle rather than the CV but it could be that in terms of the original manufacturing cost would be much higher…

    … and so a car manufactured to be “more” recyclable would be … more expensive initially.

    It’s sorta like compact florescent lights – they are much more efficient initially much more expensive.

    So.. a recyclable car would be more expensive and no be cost-effective unless you intended to keep it much longer than most folks keep their cars.

    And one reason, not the only one, that folks buy new cars if because of more advanced technology – like ABS breaking… or more advanced air bags or .. ipod ports… etc.

    That’s why I saw.. technology is the enemy of recycling..

    if we still used cassette players… there would be small businesses that would fix them…

    but what good is a cassette player even if it is perfectly good – right now?

  31. Ray Hyde Avatar

    I concede. You have used my own argument agaisnt me, and effectively.

    I let a pet peeve get in the way of rationality.

    I assume that means I win the property rights argument.

    RH

  32. nice try….

    😉

    the property rights argument falls into two categories

    1. – the first is, if there is no government – then your “rights” are what you can assert and defend.

    2. – if there is a government, your “rights” are what the government tells you they are – and none of it is cast in stone.

    Corollary – the further away you live from representatives of the Government – the more “freedom” that you have – provided you don’t do anything to have the Government come investigate.

    So.. if you live way the heck out in the boondocks of Alaska – you can probably build as dense as you please… without the Government taking away your “rights”.

    but if you live in Facquier … the faux capital of wine-sipping, horse-riding do-gooders you are sh_t out of luck.

    😉

  33. Ray Hyde Avatar

    your “rights” are what the government tells you they are –

    So it’s all right if the government steals from some citizens and gives to others, just because they made it “legal”?

    The property rights argument falls into one category: every transaction involves property. It is either a fair transaction, or it is stealing – legal or not. In order to decide if it is fair you need to properly define and defend what ever is being traded.

    It also helps if you have some kind of free market in order to establish the values.

    Your position is that the government can define to rights any way it pleases, so you apprently don;t have a problem with government organized theft.

    I pay taxes on land that is required to be used for agricultural purposes, but I get no agricultural services. The county freely admits that those taxes are used to provide services to the residencences (including my on, I suppose), thereby lowering the residential taxes.

    Others get a property right (keeping more of their income) based on me losing mine, in excahnge for – nothing.

    I call it stealing, legal or not.

    The government can tell me what my rights are, but the government also has an obligation to protect the minorities. In Fauquier, they are failing that obligation.

    In addition to the excess taxes I pay, the county gains other advantages (property rights) by restricting me to agriculture. My agricultural efforts pay their own way, barely. But I get paid nothing for all the other property rights that the county says I provide them every year. That transaction is grossly unfair, and it, too, amounts to stealing.

    Other governments and other public institutions are recognizing this, more and more over time. As the Christian Science Monitor points out, if we want more trees it is up to us to make sure they are worth more alive than dead.

    In other words, we should expect to pay for what it is we want. If we take it without paying, then we are stealing – and the enterprise of taking what we want, will ultimately fail, because there is no profit to the providers.

    Government organized theft is not a sustainable enterprise. Trying to disguise and justify it as a “free” social benefit won’t make it any more sustainable.

    The very idea of a “free” benefit suggests that somewhere in there, property rights are being ignored.

    RH

  34. Ray Hyde Avatar

    Back to the auto parts.

    Under the law there are conflicting elements of a purchase. On the one hand we have buyer beware. On the other hand the law also says that you are entitled to “reasonalble expectations” that your product will work as advertised.

    Auto dealers sell their products with express and implied warranties. Part of their advertizing involves promises for the availability of service.

    If you have a ten year / 100 thousand mile warranty, you might be out of luck if it take you fifteen years or more to accumulate 100 miles.

    At least you got some kind of warning.

    As for the rest of it,it comes down to spelling out more precisely what it is you can expect to get and not get.

    Since the dealers aren’t willing to step up to the plate, our lovely free market system has provided. Independent agencies do surveys of makes and models and provide ratings on repair costs, and information on common problems indicative of engineering failure.

    One model had a habit of having the side windows fall off the tracks. The dealers and manufacturors tried to hide this deect and did so successfully for quite some time. (Or else they were jsut really conservative about what constituted a “problem”) Eventually the ratings agencies blew the whistle and the dealers issued a recall to fix the problem.

    All I’m suggesting is that the greenie engineers could save a lot of environmental damage just by raising such issues to the point of embarrasment to the manufacturers.

    Whether it is auto dealers or government or banks, we need to impress on them the need for ethical behavior, in order to protect ourselves. If we all think we can get away with “taxing the other guy” we are kidding ourselves. Sooner or later, you are going to be the other guy.

    Conceding that the government “tells you what your rights are” is ethically insufficient, in my view.

    It appears that the Republicans are about to find out what it is like to be a minority. If the Dems press their new advantage unfairly, then they are no better than thieves, either.

    Better grab hold of your property and hang on.

    RH

  35. Ray Hyde Avatar

    “And none of it is cast in stone”

    This is precisely why you have special interests pressing for economic advantage, often disgused as safety issues, social justice or environmentalism.

    WE need to cast more of it in stone, so that when you want to recast, the costs of doing so are clear.

  36. RE: ” Your position is that the government can define to rights any way it pleases, so you apprently don;t have a problem with government organized theft.”

    not my position but the way it really is….

    there are lots of folks on a lot of issues who disagree with the powers of the Government but at the end of the day – you have to recognize the realities …. especially if you think they are wrong and need to be changed… and the reality also is ..that you’ll need help ..you’ll have to convince others of your views or else you’ll remain forever in your current condition.

    This is the same advice I give to EMR by the way.

    You cannot blame others for being wrong or uneducated.. well.. you can…. but it won’t do you any good… if you really want to change – you gotta convince enough others that change is needed.

    re: ” The government can tell me what my rights are, but the government also has an obligation to protect the minorities. “

    you’re misintetpreting the essence of that concept – which is mostly oriented to human rights and treating people differently because of their race or gender…

    If minority landowners had the rights you assert – then the government would not be condemning their property for Government interests… right?

    re: ” pay taxes on land that is required to be used for agricultural purposes, but I get no agricultural services. The county freely admits that those taxes are used to provide services to the residencences (including my on, I suppose), “

    Your taxes go to pay for services that are rendered to you. Fire, Police, and other county services.

    Whether or no you think you are getting your money’s worth or being unfairly taxed … is not the same as “stealing”.. unless your think it is your opinion alone that counts.

    With all those rich folks surrounding you – who also don’t like to pay more in taxes than they must – you’d think they would be a powerful constituency against an imbalance of taxes verses services – no?

    re: land restrictions

    the reality is that Government has the right to restrict land uses….

    it’s a broad and comprehensive right that makes your rights subordinate … to the Govt right.

    The Govt right is to protect other landowners from the things that you would do that would impact them – also.

    That’s why I say your “rights” literally end at your property line.

    If you want to build homes for a bunch of people who will need water/sewer, roads, schools then the government has a right to decide when and where they will use other taxpayers money to provide additional infrastructure to support more people.

    If you put a thousand more people on a plot of land – unless they are going to stay on that land and never leave it – they will need services and infrastructure – that will cost money.

    If the taxes on those new folks is insufficient to provide the infrastructure and services they need – the other property owners whom you advocating taxing to pay for this – what about their “rights” to own property and not be taxed to provide infrastructure for others?

    Your logic that this is how earlier property owners got their infrastructure by having previous property owners pay for it does not hold water.

    At some point.. there were no previous property owners.. save for the Indians … someone HAD to start paying for things like roads when there were no “others” around to pay for it.

    Besides – it’s clearly wrong to charge others for your infrastructure even if it has been done that way all along… it’s still a form of ‘stealing” (as you say) to take money from one landowner to build a road for another land owner.

    You’ll say that doing this is not really stealing because….(and you’ll supply your rationale) but if you stand back and look at what you say.. in your mind .. is stealing… it’s not different than saying that it is ‘stealing” to take money from ANY property owner and to not give back to that same property owner the equivalent in services and infrastructure.

    The issue is that you just don’t agree with the Government’s criteria and process for collecting taxes and spending it….

    join the club…..

    I certainly don’t want my taxes “stolen” to build a commuter road that I’ll never use… much less every day….

    ….but that’s how taxes work…

    I pay significant taxes on land that I cannot develop…. and that money goes to pay for … mostly schools..

    if they did not get that money from me from taxing the land… they’d use another method… but at the end of the day.. they are going to take my money to pay for schools – whether I have kids or not…

    In your mind – this is “stealing”.

    so… taking taxes from folks who don’t have kids to provide school services to people who do have kids is – “stealing” in some folks eyes – no matter what kind of property they own or their ability to use and/or develop that property.

    For myself, I could reduce my taxes by 70% if I did not have to fork over several thousand dollars a year for the schools.

    or for that matter.. several thousand dollars a year to go off on worldwide military adventures … disguised as patriotic endeavors…

    or being taxed to pay the rent of some gal who decided being pregnant was more important than holding a job….

  37. Ray Hyde Avatar

    “you’re misintetpreting the essence of that concept – which is mostly oriented to human rights and treating people differently because of their race or gender…”

    I don’t think so. History is replete with examples of minorities being taken advantage by virtue of superior numbers – consider the Irish.

    It doesn’nt matter what you call a minority or what their color is, if they are being taken advantage of, the government has a moral obligation.

    In Fauquier, and many other places, the remaining landowners are a minority. They are being slapped with restriction after restricion – in favor of the majority.

    ————————–

    “someone HAD to start paying for things like roads when there were no “others” around to pay for it”

    What I hear you saying is that whenthe rules change, there are winners and losers. Properly defined property rights would define what the losses and gins amount to.

    All I’m saying is that if the policy change actuall results in a net social benefit, that there need be no winners and losers. As long as there is a real net benefit, the winners can afford to make the losers whole – if they refuse to, then they are stealing.

    In the early days, voters were required to contribute two weeks every year to road labor – and bring their own tools. Before that, there were essentially, no roads. Everyone paid the same amount, from the earliest times.

    BTW, greatest net social benefit is government policy, as described by the government accounitng office, among many others. We just honor the policy unevenly, so far.

    RH

  38. Ray Hyde Avatar

    “not my position but the way it really is….”

    I recognize the way it really is, and I recognize it as fundamentally wrong. Furthermore, it is unsustainable – we can’t all steal from each other any more than we can make a living taking in each others laundry.

    RH

  39. Ray Hyde Avatar

    “save for the Indians … “

    And what did I say about property rights?

  40. You know – if Facquier county decided to open up to growth and they decide to not charge proffers (or even if they did but not enough)

    .. YOUR taxes would go up to pay for the infrastructure for the new growth…

    .. isn’t that what you call “stealing”?

    I’ve asked you several times if you consider rezones to be unfair to the property owners whose land did not also get rezoned.

    In terms of winners and losers, this certainly ought to be an issue it would seem.

    and yet we all known that there are a lot of costs required to pay for the infrastructure needs for areas that are rezoned…

    and yet.. you say that – that cost should be paid for by those who land was not rezoned…

    so .. apparently it’s not “stealing” if you are a property owner who is receiving rezones and infrastructure and it’s also not stealing if taxes are taken from a property owner to build infrastructure for other property owners….

    but it IS “stealing” if you don’t get to develop your land…

    I don’t think your philosophy is self-consistent… at all…

    it’s very much one-sided… and discriminatory…. against the “minorities” that you simply refuse to recognize as such…

    so answer the question.

    Is it discriminatory to rezone some land instead of all of it?

  41. Ray Hyde Avatar

    “I’ve asked you several times if you consider rezones to be unfair to the property owners whose land did not also get rezoned.”

    And I have said several times that my only concern is that the regulatons be symmetric. If you require proffers for upzoning, you should pay for downzoning.

    I have no problem with proffers, except they are far too variable, however, I do not beleive that the numbers as usually calculated are correct, for four reasons:

    1) costs of comunity services are calculated at a single point in time, which magnifies the ptential “cst” of a new home.

    2) infrastructure has never been adequateley funded, and it now appears that excessive proffers are being used to catch up. We see the same thing in gated communities, where new owners are expected to pay more than old owners.

    3) the cost of proffers makes no allowance for taxes paid on vacant land requiriing no services, sometimes for decades.

    4) new development does bring new value to existing residents. They may not WANT that value because it leads to higher taxes, but they should not get that value for free.

    I’m already paying higher taxes for infrastrucure: two new schools in the last year, and more in the offing. The difference is that some people will benefit from growth, but others will be shut out, and not just temporarily: this is going to be a permanent condition.

    Given all of that, I do not know what the right answer is, and th ereasonn is that we do not have sufficient transparency or truth in accounting.

    But, as a general rule I would say that it is not discriminatory to rezone some land instead of all of it, provided that the winners can pay off the losers and still come out ahead. That is what it is going to take to eliminate the kinds of complaints TMT offers. We have to make all citizens benefit from growth, and not just some.

    Until we manage a system that can do that, I’d say that yes, rezoning some land and not others is discriminatory.

    So here is the problem: We rezone to allow for grwoth, and ostensibly there is a public benefit in doing so, otherwise why do it? Yet, your complaint, and TMT’s is that there is no public benefit because growth results in tax icreases. It can’t be both ways.

    ————————-

    Suppose we had a plan like my proposed building permit lottery. Your argument is that we already have a bidding process to by land zoned commercial etc.

    True, but the land is already owned by someone when the zoning changes, wheterh by annexation or some other means. Therefore the advantage is already sewed up.

    Now, suppose that the county decides on 600 building permits as allowable growth this year. They can print ONLY 600 building permit applications and mail them by lottery to citizens in the county.

    Suddenly that piece of paper itself becomes proerty, with the usual rights attached. If you are opposed to growth, you can just trash the paper and eliminate one construction project. Of course now YOU have to absorb the cost of not selling the application to someone who wants it.

    It’s just an idea, but it is one way to ensure everyone is involved.

    RH

  42. Anonymous Avatar

    “So here is the problem: We rezone to allow for grwoth, and ostensibly there is a public benefit in doing so, otherwise why do it? Yet, your complaint, and TMT’s is that there is no public benefit because growth results in tax icreases. It can’t be both ways.”

    Let me try and find a happy medium and possible conclusion.

    The growth benefits the existing property owners via increased land and property values.

    It is also true that growth causes spending increases resulting in higher tax rates (a negative for most people)

    Citizens have a voice on how much and what the spending is by lobbying members of the board of supervisors and ultimatley voting who serves on the board.

    The tradeoff is up to the community to decide what level of growth is good for them.

    Ultimately, power is still in the individual and their personal choice of where they want to live.

    Loudoun a high growth high service area

    Fauquier a low growth low service area

    or

    Prince William a mix of both

    NMM

  43. Ray Hyde Avatar

    “you say that – that cost should be paid for by those who land was not rezoned…”

    I have never said that, only that I do not concur with the way costs are attriuted or calculated today. I have no problem with some kind of proffer or developmment impact fee.

    All I have said is that it is apparent to me that SOME costs attributed to “growth” are really deferred costs that needed to be paid anyway.

    It is also apparent to me that there is some benefit to existing residents from growth: the problem is that there is usually no way to cash in unless they are a business owner, or until they move away. Time is an issue in how we calculate both costs and benefits.

    —————————–

    “.. YOUR taxes would go up to pay for the infrastructure for the new growth…”

    My taxes are going to go up to pay for new infrastructure for growth anyway. But, if I am allowed to grow I’ll be able to afford the new taxes for a much longer period of time than if I am NOT allowed to grow. In my position it isn’t a matter of which path amounts to stealing, but which path amounts to the greater theft.

    But, my position is unusual, which is to say I’m a minority, and subject to discrimination.

    The usual homweowner has already enjoyed the benefits of growth, and that poertion of it cannot easily be taken from him. He and his bretheren have a lot more votes than I have, and they don;t mind using them to discriminate against me and others like me.

    It is the same (I already got mine) with your example of the moron who compains about educating chilren when he has none. He is ignoring the fact that he once got an education at others expense.

    The fact is that we do have intergenerational transfers of wealth. Suddenly demanding full payment up front from all the new generation is just a time dependent form of stealing. By changing the rules you create a new class of winners and losers, without paying for or making adjustments for the “costs” and the “benefit” recieved by each.

    The other issue with the education argument vs the proffers aregument is that they both concern themselves with proerty rights. In this case the rights associated with the money used to pay taxes.

    By demanding payment up front for land use, and not for education we put different rights on different pots of money. Theoretically the money is the same, and should have the same rights. In the case of education we are saying that we will just average the costs, because the (intergenerational) transaction costs are too high to mess with. In the case of land use, we are prepared to ignore the intergenerational aspects and demand full payment up front.

    It all depends on how you define and defend property rights to begin with, and we are doing a lousy job.

    ————————
    “the reality is that Government has the right to restrict land uses….

    it’s a broad and comprehensive right that makes your rights subordinate … to the Govt right.

    The Govt right is to protect other landowners from the things that you would do that would impact them – also.”

    The government is also required to pay for property that is “taken” for public use. In this case public use is to protect the other neighbors. Government has the authority to control land use, but that does not abnegate government from its other obligations.

    We have reached a point where there is such a hue and cry from others (meaning those who have already developed) that nearly all the value has been removed from the property of a relative few.

    This hue and cry amounts exactly to demands for new property rights that never existed before. I believe that government is within its rights to declare these new property rights/land restrictions only so long as they pay for them.

    We have now gone beyond the point of protecting others against bad things, to claiming good things for them at no cost. We are openly making changes in land use with the cry of “public benefit” firmly in hand, without understanding that public benefit really means “public use” that must be paid for.

    Property is generally recognized as a bundle of sticks, otherwise conservation easements could not exist. That beiing the case, if youtake one of my sticks(for public use), you have taken my property, and it must be compensated.

    —————————-

    At one time my land was zoned agricultural, and it may have made sense then. Today, it makes no sense because there is no product that can be grown profitably on my land: all of the agricultural value is gone, but the zoning persists.

    Why does the zoning persist? Because it has value for others, that they do not have to pay for.

    So here is a case of defacto taking as a result of time passing. The entire rationale for the original zoning no longer exists, and a “taking” is the eventual result.

    —————————–

    “yet we all known that there are a lot of costs required to pay for the infrastructure needs for areas that are rezoned…”

    There are costs and there are benefits, too. The problem is that we disagree on the values, and how they are distributed. That’s because there is no transparency or agreement on the accounting, and there is no free market to apply and distribute the values. since the government is controlling the market (through zoning) it is the government’s problem to see that the benefits accrue equally.

    You think my philosophy is one sided, but it is not. It is EXACTLY that when a policy change results in a net public benefit, the winners should be able to pay off the losers. It doesn’t matter to me which way the policy swings or which way the cash flow swings. It only matters to me that we recognize the principle as fundamental to socio-political fairness.

    The GAO has already made it a statement of policy,yet many refuse to get behind it because they fear it will jeopardize their ability to make economic gans through political means.

    In other words, the only reason to be opposed to such a policy is that it might affect your ability to steal.

    RH

  44. Ray Hyde Avatar

    “The growth benefits the existing property owners via increased land and property values.”

    Maybe. But even if true the benefits are assymetric because developers get their profits now, and homeowners don’t. There is no way for existing homeowners to cash in, unless as NMM points out they move.

    Which is exactly what one of my supervisors told me, “If you don’t like the rules here, you can move.”

    The way he said it, I took it as a threat. Particularly when another supervisor told me that he had plans for my property: have somebody rich buy it so it could go in conservation easement.

    Otherwise, he is only half right. I AM free to move, but I’m also free to stay and agitate for a new supervisor.

    Practically speaking moving isn’t much of an option, and an expensive one. The problem we need to adress is how to even out the costs AND the benefits of growth. And do it in real time.

    I don’t understand how Larry always thinks that is a pro-growth stance, somehow.

    I guess if you are not anti-growth then you are the enemy. But from my point of view lobbying for anti-growth is the same as lobying for anything else: it is trying to gain economic advantage through political means, and that amounts to stealing.

    The only thing I’m lobbying for, is a level playing field. If the county claims I’m saving them X thousand per year, I’m willing to accept that. I’m just not willing to accept it ffor free. If I’m doing work that save THEM money,or gives them something else valuable, then they should pay me for that work.

    If they will pay me just 5% of what they claim I’m saving them, then I’ll shut up. Of course, if they think it might cost them something, they might change the calculations such that I’m not saving them anything.

    In which case I ought to be free to build (if I had any such ideas, which I don’t).

    All I’m saying is that it isn;t rational to think you can have it both ways.

    RH

  45. there are two distinct aspects of growth.

    1. – the need for additional infrastructure –

    2. – the impact of growth on existing levels of service

    the two are directly related.

    First – if the infrastructure that is needed to serve new growth is going to be there in sufficient size and scope to NOT degrade LOS – then it has to be built up-front.

    Ray says that how it is paid off is a problem.

    No.. the problem is ..where do you get the money up front to build the new infrastructure?

    Do you get that money from the new growth or do you tax the existing residents for it?

    and here’s how it really happens…

    the existing residents are going to get rid of their elected officials if they feel too much of the “costs” of growth on put on them – in either increased taxes OR decreased levels of services …i.e. overcrowded roads and schools…

    Ray says that it is okay to put the costs on existing residents because they got their infrastructure for free (they did not but even if they did – it would be a pyramid scheme… not sustainable)… or.. that existing residents benefit from growth even if they don’t think so themselves.

    so..existing residents will see overcrowded roads… increased congestion.. and higher taxes as a result of growth which is poorly planned and not adequately funded.

    I would posit that when you take away people’s quality of life and make them pay higher taxes also – that this too is “stealing”.

    Ray think’s this is justified “stealing” (and he supplies his reasons) but then he thinks if you don’t let someone build dense …with impacts on infrastructure – both dollar and LOS costs put on others – that this is “stealing” from the guy who wants to build more dense.

    My view is that no matter how infrastructure was done in the past – and yes.. it might have been done wrong.. that continuing the status quo wrong approach is just plain dumb – because ultimately.. as long as we have elected governments – the elected officials will either have to lie to the existing citizens about the true costs of growth (and likely get tossed out of office AND replaced by even stricter anti-development rules) OR …they will have to charge whatever it costs to put the infrastructure in… for the people that want it.

    Now, let’s look at a practical example.

    Tysons Corner.

    What is the issue?

    Developers want to build dense.. but they don’t want to pay the infrastructure costs.

    Existing residents not only do not want to pay the infrastructure costs but they are additionally concerned that the amount of needed infrastructure itself is being “low balled”.. i.e. purposely under-estimated because if they actually came up with the right number.. the cost of the needed infrastructure would be even higher.. and the developers would likely walk.

    for folks like TMT, having the developers walk .. is a win-win.

    but Ray… he thinks that if you refuse to let the developers build dense.. that you are stealing their property rights…

    he equates “property rights” as separate and distinct from the infrastructure impacts of exercising said property rights.

    He say’s he’s not opposed to proffers/impact fees “in principle” but then if he doesn’t agree with the actual costs – then he believes that developers still have the right to develop… and that existing landowners should pay…because it increases the value of their properties.

    People like TMT don’t want increased values… they want to continue to “enjoy” their existing properties for the purposes that they originally bought their properties…

    Ray is saying.. “we are going to build more dense no matter if it decreases your quality of life and increases your taxes – because ultimately your property will be worth more…

    Ray mentions gated communities.

    It may or may not be true that the membership fees go up – but the big difference is that the buyer can decide whether they want to pay the additional costs – rather than telling the existing residents that they must pick of the additional costs of new growth.

    If we operated Tysons like a gated community operates.. then the costs of the infrastructure would be borne by the folks who want and need the new infrastructure UNLESS there is a clear benefit to existing residents AND they agree rather than having it imposed on them.

    another question was asked: “what are the benefits of growth”.

    again.. it’s not what someone claims is the benefits..

    it is what the folks who are affected by the growth – agree – are benefits.

    If they do not agree that there are benefits – and there is an elected form of government – guess what?

    sooner or later.. the existing residents DO get to vote on whether they like the kinds of growth being proposed.

    this is why I say that your property rights end .. right at your property boundaries…

    If you want to do something with your property that will adversely affect your neighbors (in THEIR opinion).. then you do not have the inherent/unfettered right to do that…

    the “by right” …even …”by right” is what your neighbors have agreed is acceptable as “by right”.

    that’s why some areas severely limit what is actually “by right” and require a special use permit for a lot of the allowed uses.

    In other words, the allowed uses are “provisional” per the applicants proposal.

  46. Anonymous Avatar

    Larry,

    Look at Loudoun County BoS

    Flipped from anti-growth to pro-growth to anti-growth fascinating.

    On Tysons

    Fairfax County will win in the end

    Why? All of those new tax recepits from the business development with a shortage of housing. Loudoun gets hosed again.

    The key for Fairfax Residents is to demand that some of that new tax revenue be used to improve the transportation network in Tysons.

    I do feel for people that live near Tysons. Their quality of life is going to go down. However, they always have the option of moving and their property values are going to go through the roof. There is an inconvenience factor like Ray said but the profit from their homes should more than placate the inconvience.

    NMM

  47. Ray Hyde Avatar

    “the existing residents are going to get rid of their elected officials if they feel too much of the “costs” of growth on put on them -“

    Whether the facts support how they feel or not. They’ve got the votes to demand what they want, no matter what it costs someone else.
    It is nothing more than mob rule. The new incumbents ought to have enough spine to prevent this and se to it that government acts ratonally and fairly.

    As you point out, that isn’t what happens.

    RH

  48. Ray Hyde Avatar

    “Ray says that it is okay to put the costs on existing residents because they got their infrastructure for free”

    No, I didn’t say it was for free, it was paid for by previous residents.

    Partly. There was never enough to begin with, because of bad planning, but now we want to make up the deficiit entireley on the backs of new users.

    What I have said is that existing users never paid enough to begin with, which is why residential areas are said to be a net deficit. If they were paying enough, that would not be the dcase.

    And now, when those deficits are coming due, the common and understandable desire is to blame it ALL on the new guys.

    I never said that all of the costs should go on existing residents, just those that can be reasonably justified.

    I think there is plenty of that.

    RH

  49. Ray Hyde Avatar

    “another question was asked: “what are the benefits of growth”.

    again.. it’s not what someone claims is the benefits..”

    Either wrong or right, take you pick.

    Why should those who CLAIM certan costs have any more say than those that CLAIM certain benefits.

    Your position ASSUMES that one side has more property rights than the other.

    RH

  50. Anonymous Avatar

    Ray from a practical standpoint

    “I never said that all of the costs should go on existing residents, just those that can be reasonably justified.”

    How would this be accomplished?

    I can think of fees for attending public schools, tolls for using transportation infrastructure, fees for accessing water and sewer.

    However, these would effect all residents

    Are you proposing some kind of retroactive fee that would go on existing residents who are benefiting form services that were never fully paid for? How would that work form a practical standpoint?

    NMM

  51. Ray Hyde Avatar

    “so..existing residents will see overcrowded roads… increased congestion.. and higher taxes as a result of growth which is poorly planned and not adequately funded.”

    So will the new residents.

    This is like claiming an externality for congestion because every time a driver makes a trip he doesn’t have to pay for or consider the congestion he causes others.

    In fact it is a wash because of the congestion they cause him.

    If the existing residents get new infrastructure with out paying for it, they will still use and benefit from it.

    RH

  52. Ray Hyde Avatar

    “but then he thinks if you don’t let someone build dense …with impacts on infrastructure – both dollar and LOS costs put on others – that this is “stealing” from the guy who wants to build more dense.”

    By George you are catching on. It is stealing iff you deliberately err on either side of the equation.

    There is only one answer that meets the criteria of maximum net social benefit. I’m opposed to wrong answers in EITHER direction, and I promote a healthy search for ways to find the right aswer.

    RH

  53. Ray Hyde Avatar

    “My view is that no matter how infrastructure was done in the past – and yes.. it might have been done wrong.. that continuing the status quo wrong approach is just plain dumb”

    I don’t have any problem with changing the rules, as long as you recognize that this creates winners and losers who should be taxed/compensated accordingly.

    RH

  54. Ray Hyde Avatar

    “he thinks that if you refuse to let the developers build dense.. that you are stealing their property rights…”

    True. If you refuse outright, then that is exactly what you are doing.

    Likewise if you deliberately HIGHBALL the costs, then you are guilty of the same sin as those that lowball. The net effect is to steal property rights, either way.

    —————————

    property rights end .. right at your property boundaries…

    Property rights have nothing to do with real estate, necessarily. They might, but there are many other kinds of proeperty rights. Since they are all denominated in dollars, one way or another, one dollars worth of property right is just as valuable as another.

    The government has an obligation to protect both of them equally.

    ——————————

    “People like TMT don’t want increased values…”

    but they don’t get to CLAIM they don’t exist.

    It is reasonable to claim that they aregetting taxed on imputed gain. that they are paying more now for a benefit they might not see till later.

    But, again, that is a problem with the tax system, not a problem with development or developers.

    ——————————
    “developers still have the right to develop..”

    I think that is correct. We may prevent them from developing many any number of means, but it does not mean that we have removed the right to develop – we just prevented the development.

    Those are distictly different.

    We have the right not to be subjected to undue costs. But, if that is our claim and then the developer says, “OK, I’ll pay them”
    then, where is our property rights argument?

    There is none, because he has promised to make us whole. Therefore, he must have the right to develop – at some price.

    As the old jlke says, now we are haggling over the price.

    But what does this mean? It means that those who do not want development at any price are free to set the price as high as they want, and they have an incentive to do so.

    So, why should those who CLAIM certan costs have any more say than those that CLAIM certain benefits?

  55. Ray Hyde Avatar

    “How would that work form a practical standpoint?”

    I haven’t any idea.

    I suspect once all the numbers were in, we’d find out the argument isn’t worth having.

    All I’m suggesting until then is that we adopt the attitude that Net social benefit has to be combined with the concept of net social justice. The former, IF TRUE, means that the winners can afford to pay off the losers in such a way that no one is worse off.

    As long as people like Larry insist that this must be some kind of conspiracy against the greens and in favor of developers, we will never get there. His favorite argument for his side seems to be that the other side has no rights or his side has superior rights.

    But all property rights wind up measured in dollars, and one dollar is worth the same as another, so all property rights must be equal. Larry’s argument boils down to the “good guy” dollars being worth more than the “bad guy” dollars.

    There is only one point at which you get the maximum net social benefit: the most benefits for the least cost. We have to agree that cost dollars hae the same value as benefit dollars, in order to get the right answer.

    We MIGHT be wlling to deliberately skew the results a little to get some margin of error in favor of benefits and opposed to costs, but then we would be obligated to use the same value of skewness for all studies, otherwise the property rights of some groups are valued differently from others.

    We have to agree that cost dollars hae the same value as benefit dollars, in order to get the right answer. But we will never get the right anwer unless we agree there is one, and only one, although it may change over time.

    With regard to development I sugget that value comes from two places: the developers capital and labor, and the couty’s power and decisions. The value that comes from the second part ought to belong to all the counties citizens.

    It is a question of properly identifying what the property rights are and who they belong to.

    I have frequently suggested some kind of lottery / and or auction to establish value for such “newly created” rights, but I’m open to other ideas.

    I think the “us vs them” mind set is not conducive to reaching a bargain. So my overall idea is to give both (all) sides an incentive to reach the best net social value.

    Right now, there is no incentive for TMT to do anything that favors the developers. But if Larry has a share in the value of the permit applications, that value is zero if nothing can get built.

    Now, he has an incentive to see that things do get built (proffers are not too high) and the builders have an incentive to see that he gets paid enough to get on board.

    If you are cycnical, all we are doing is taking the developers campaign contributions and giving them to the people instead of the BOS.

    And if TMT is really hardcore, he can simply prevent some building by pocket veto, but now HE has to bear the cost of doing so.

    That’s the concept anyway, how to make it work is something else again.

    Or, you could sell some kind of certificates. Each certificate buys you a one cent tax reduction for each year Tysons tax reciepts exceed a half billion dollars. For each year Tysons tax reciepts are below a half billion, you get certain discounts from Tysons vendors. Proceeds from the sale go to infrastructure development.

    If the developers are really bullish on their project, then it would be worthwile to buy the certificates to ensure the project goes forward – and they get favorable tax rates in the future.

    If the TMT’s are really bearish, they can buy the certificates figuring they will clean up on discounts if they are rigt, and if they are wrong, they win anyway (depending on the market price of certificates).

    Anyway, that’s the idea. Devil is in the details.

    RH

  56. pick a point in time…

    from that point on – all property owners can build as dense as they want.

    Who would be responsible for providing the roads, water/sewer and schools?

    Remember.. there is no plan .. there are no selective districts …the density can occur anywhere and everywhere at whatever rate it proceeds.

    So you’d have density occurring miles away from the nearest water/sewer.

    You’d have within a few months ..twice as many kids in some places .. that could not have been planned for since the density itself was not designated into specific planning areas but again.. wherever it occurred.

    These are the kinds of “devil in the details” that you’d have to deal with.

    It would be total chaos.

    You’d have developers trying to hook up to sewage pipes that are not big enough to handle the additional growth.

    You’d have trailers being trucked around the county .. for years while they attempted to get enough money together to add the schools.

    and roads.. you’d have 4-lane roads directly interfacing with rural roads .. which dead end in a creek.. and on the other side a new dense development.

    Now .. it is interesting.. that developers actually do have the ability to build dense – as long as they also agree to be responsible for the infrastructure.

    They’re called planned comunities … and the infrastructure is funded by CDAs – Community Development Authorities.

    Now the vast majority of developers do NOT want to directly responsible for water/sewage/roads/schools in part because the costs of maintaining them after they are built is not cheap.

    Even gated/planned communities would have to do their part to upgrade the external roads they connect to – though.

    But go back to Tysons.

    Who is supposed to be resonsible for the upgrades to the roads to handle the inevitable increase in auto traffic?

    Ray worries about “over-estimating” the road needs.

    In 99% of the actual cases – overestimating is not an issue.

    And with the Tysons project.

    The opponents want the state and/or some party without any skin in the game to do the traffic analysis while.. predictably so.. the developers would prefer to hire their own traffic planners.

    so.. the answer to Ray’s concern is to have a 3rd party who has no financial interest in either having the growth or not having it – do the analysis.

    It’s pretty clear with Tysons that the amount of automobile infrastructure that would be needed if you use STANDARD industry-accepted traffic generation data would require enormous and expensive road infrastructure…

    so.. instead they are proposing to generate less traffic than a normal typical development but then of course, when they are asked to show HOW..,. the answers are not forthcoming.

    So… Ray thinks that even after all of this…when push comes to shove – the developers should get their density… even if it overwhelms the existing infrastructure…

    … and that if the existing residents rise up and prevent it from happening.. through a Democratic process.. that this amounts to “mob rule” to “steal” property rights.

    What I’m asking.. is (like NMM)to show how a different approach would work…

    …and Ray… essentially “punts” offering that “the devil is in the details”.

    GEE… so you tell the citizens… “it’s wrong to have Mob Rule to decide land use controversies .. so let’s come up with a more equitable way for development other than “stealing” property rights.

    Fine. Tell us your plan?

    Oh I dunno.. it’s very complicated.. and may not work.. the details are still being worked out…

    Come on Ray… teach that trick pony some new tricks..

    😉

  57. Ray Hyde Avatar

    “from that point on – all property owners can build as dense as they want.”

    I never said that. All I said that there must be some price at which we would agree. That price would be enough to cover all the costs you are worried about.

    It would probably also be a price that would forever prohibit anyone from affording a home.

    If that is the case, then existing owners would claim all existing and future property rights (to homes).

    Somewhere in between there must be an answer that works.

    RH

  58. Ray Hyde Avatar

    “So you’d have density occurring miles away from the nearest water/sewer.”

    Come on. There are now packaged sewer treatment plants that meet all applicable standards. Anyone who needs one can put it anyplace they like – except for the regulations that prohibit such things.

    Schools are the real issue.

    RH

  59. Ray Hyde Avatar

    “You’d have within a few months ..twice as many kids in some places .. that could not have been planned for “

    Yeah well, that’s the problem EMR is kvetching about, too.

    Kids happen.

    RH

  60. Ray Hyde Avatar

    It would be total chaos.

    No it wouldn’t.

    The market would not support it. Development in bad places would fail. Banks and investors would not support them.

    We would figure out a way to muddle through.

    It probably could not be any worse than the chaos we have now.

    RH

  61. Ray Hyde Avatar

    “that developers actually do have the ability to build dense – as long as they also agree to be responsible for the infrastructure. “

    No they don’t. I can prove that from personal experience. No development here, ever. No matter what I promise.

    RH

  62. Ray Hyde Avatar

    Fine. Tell us your plan?

    My plan is at least as clear as the plan offered for Tysons.

    Find a way (admittedly still undefined) for every citizen to benefit from that portion of development that develops from county planning. That does not include the portion that comes from the developers capital and labor.

    My general suggestion is that this involves defining new property rights, and distributing them via lottery or auction, followed by free market trading.

    That “property” already exists, but the perception is that all of it accrues to the developers. What we need is more property rights, and more carefully defined and defended, not less. Don’t think for a minute that property rights means only that small subset that is attached to real estate. That is small thinking.

    My second suggestion, (or a corollary to the first) is that this be arranged so that those opposed to development are free to do so. Except now there will be an apparent and real cost.

    No more saying “no” (and getting what you want) for free. No more permanent entrapment and virtual slavery. (You may think those are strong words, after twenty years, I don’t.)

    Notice that this plan does NOT depend on the chaos you describe, but capitalizes county power and planning to the benefit of all citizens. That way citizens will be most inclined to approve good planning, as opposed to the currrent situation, which mainly consists of opposition at all costs.

    Just as your post suggests.

    RH

  63. Ray Hyde Avatar

    What I am looking for is balance. Such that the cost of opposing development is commensurate with the cost of proposing it.

    The rewards of success should also be commensurate, but it is hard to see where the profit lies in preventing development, unless we define a bunch of new property rights for undeveloped land.

    My goal is not to favor either side, regardless of what you think or claim.

    In the last twenty years my county has grown substantially, despite all attempts to stop growth. I have contributed all out of proportion to what most taxpayers do, according to county officials.

    I have nothing to show for it, but a collection of old tractors and trucks, and arthritis. Maybe some personal satisfaction.

    I’d like to participate, just a little, in what the county has gained over the last twenty years, but the powers that be are determined to prevent it.

    I could care less in dollars whether that comes from (some kind of realtively minor) development or (continued) conservation called “agriculture”.

    If I can figure out a way to offer both sides a fair shot, I more than double my chances, which are now pretty near zero, mainly because of fatheads that have one idea stuck in their mind.

    RH

  64. Ray Hyde Avatar

    I believe it is equally wrong for environmentalists and other landowners to get what they want at no cost or below cost as it is for developers.

    It is as simple as that, but, the devil is still in the details.

    The Christian Science Monitor has come to the conclusion that trees are worth more dead than alive. Therefore, if we want trees to live, we need to match the market price.

    That pretty much covers the argument in a nutshell. We can wish for all the conservationin the world, but we won’t get it without a price being paid.

    Anne Mackin, all of my environmental economics professors, and many others say the same thing, one way or another.

    Despite EMR’s early contention, I am not “almost alone” in my thinking.

    But it is an uphill battle against all the blue sky dreaming that thinks this is going to happen for free, or even be an economic benefit.

    A clean environment is a luxury for wealthy societies. EMR is right in saying that we may run out of resources and time to get the job done, but he is wrong in suggesting the answer is more poverty.

    Consider solar cells, widely believed to be our ultimate savior.
    At one time Solarex published a report that said solar cells used more power in their productionthan they could eer produce.

    That is no longer true. Now it takes about one third of a soalr cells lifetime output to reach energy equivalency. They reach economic equivalency sooner, only because they are produced using cheaper power.

    Then you have to add in all the energy costs for solar cell infrastrucrure. It is a dauting, but not impossible problem.

    But it isn’t easy, cheap, or free.

    Neither are our land use problems. But we can’t get anywhere with the tools we have now.

    We are gong to have to invent some new tools, and someone is going to have to own them.

    RH

  65. It’s quite striking that you’d force some landowners to do what they don’t want to do as a fairness measure for other landowners.

    People’s “rights” end at their property lines.

    It’s very similar to pollution laws.

    You simply are not allowed to damage/adversely affect other’s properties.

    You do not have the inherent right to do things on your property that will harm others properties OR require them to pay the mitigation costs.

    This is why …as a property owner.. you must obtain a permit …EVEN for By-right uses or even for pollution that is acceptable.

    You cannot put a discharge pipe on your property without a permit.

    You cannot connect a driveway to a public road without a permit.

    And that permit is condition according to the scope and scale of your proposed impacts.

    You are not entitled to a curb cut wherever you want to put it for whatever volume of traffic you want to generate.

    You are not entitled to as many sewer connections as you want.

    Even if you built a planned community with most of the infrastructure internal – the points where that infrastructure connected to public infrastructure would require a permit.

    You seem to think that you are entitled to do whatever you want on your property no matter what external impacts might be and that the only way you can be restricted is if other landowners would essentially pay you not to adversely impact their properties.

    the simple reality is that land and the improvements made to land – do not happen without impacting other properties and other properties have rights also.

    No.. you are not required to grow trees on your property either.

    Forested tracts of lands are timbered all the time.

    It IS their right to timber their land.. as long as they follow the rules to prevent runoff….

    If we could get past this concept – and agree on what property right are and are not – we COULD move on to the fairness and equity with having lines drawn on a map where on one side 4 units per acre are allowed and on the other side only 1 unit per 20 acres…allowed.

    but such a discussion..without an agreement on what basic property right are (and are not) would be chaotic.

    The overall bottom line is this.

    Governments are allowed to control land use as part of their role to protect the health and welfare of everyone.

    In doing this role – there are some arbitrary and unfair actions..even abuses – but the answer cannot be to do away with government involvement of land-use decisions.

    There are virtually no by-right uses that do not have impacts on others.

    Your ability to impact others is a limited right – subject to change just as pollution laws are subject to change.

    You simply do not have the inherent unfettered right to do as you wish with property – if it affects others.

    I find your philosophy with respect to this – a bit bizarre.

    It’s almost as if you think you have to right to run your car into others.. unless they pay you not to – because others have and have not had to pay.

    No. The rule is you don’t have the right to run into them in the first place – nor do harm to their other property holdings either.

    your property rights – END – at the limits of what you own.

    Any “rights” beyond your property line are those granted to you by others through Government- and subject to regulation.

  66. Ray Hyde Avatar

    You assume property rights are ONLY real estae rights, and yet you object if someone does something that affects your financial property in terms of taxes required, or your air or water rights as concerns pollution.

    Property rights most certainly do NOT end at you rproperty line, and even real estate propertyrights are often seperable from the land itself.

    The problem is that we have not defined enough property rights, have not defined themm correctly, and do not defend them well enough. You are assuming a view of proerty rights that guarantees that other property rights will be violated.

    The best maintained property is always private property, which can be managed for a profit. We should recognize this and create and defend a lot MORE kinds of private property, in order to have the best environment and best economy which are jointly possible.

    Your position defeats that possibility, out of the starting gate.

    You cannot claim that property rights end at the proerty line without violating property rights yourself, or making extraterritorial claims of your own.

    “You simply are not allowed to damage/adversely affect other’s properties.” And that includes doing so with pollution laws or anti-development laws.

    At least with regard to pollution laws that fact is written into the federal code, although you refuse to recognize this little fact.

    What you want is an ipso fact tilt in favor of certain dispositions. This amounts to damaging other peoples properties, and it gurantees that you do not get the highest net social value, which is another government requirement you refuse to recognize.

    RH

    RH

  67. Ray – you need to understand a concept called anti-degradation.

    It means that you are not allowed to degrade what does not belong to you.

    ….”we have not defined enough property rights, have not defined themm correctly, and do not defend them well enough. You are assuming a view of proerty rights that guarantees that other property rights will be violated.”

    in your opinion – which many do not agree… you are free to your opinion.. not much more… unless you convince others.

    You – are not entitled to property rights that come at expense to other property owners.

    Your rights end at the boundaries of what you own – whether it be a car, land, or your condo,

    There can and are covenants of what you can do even on your own property….

    Many restrict things like what kind of vegetation you can grow, what kinds of livestock you can have.. even what kinds of buildings and autos you can have.

    It IS legal to put these restrictions on land.

    So your “rights” are not unfettered at all.

    You also seem to think that the law must support your ability to make money off of your land and that also is not true.

    The law.. allows you to conduct certain kinds of economic activity but does not allow other kinds of economic activity.

    Again.. you are not entitled to conduct any economic activity that you wish to.

    and again.. the reason why has to do with how your activities might affect other people.

    And the rule is not… that they must “allow” you to do things that impact them.

    It’s the other way around – Ray.

    You simply are not entitled to the unfettered right to damage other people’s property with your actions,…nor are they required to let you either.

    You cannot even disturb land on your property unless you do it ONLY in the prescribed allowable ways and even then .. you must obtain a permit –

    a permit Ray.. is “permission” from your neighbors… via the Government that represents them.

    if your neighbors even think that you digging a hole on your own property might eventually cause harm to them – they can stop you – and the reason why – is that you don’t have unfettered rights to start with..

    your “rights” are provisional … granted from others.. who can change the rules.. and sometimes do…

    The only place where you have truly unfettered property rights are places where there is no government.

    The government can even take your property and then.. they can also decide what it is worth – no matter what you think it is.

    I’m not saying that this is right or wrong.. only that it is the way it is.

    You can disagree with it.. and quite strongly as you often do – but you also need to admit – what the reality is….

    separate the two.. acknowledge the realities.. and then separately argue for change…

    but saying you have the unfettered right to do as you wish with property is just not true.

  68. Ray Hyde Avatar

    I don’t see how you can claim a superierio property right, one that allows you to cause $10 worth of damage to someone els’e property, in order to prevent $1 in property to yours. And base your argument on the premise that you have no right to cause damage to other people’s property.

    This makes no sense, and it is guaranteed to lead to a lwer than necessary net social benefit. It is guarnetted to lead to a condition where some people bear an undue proportion of the cost of environmental protection.

    The second is a violation of U.S. law, and the first is a violation of U. S. policy.

    This has nothing to do with physical proerty boundaries. If it did, you could only control those people whose boudaries abut yours. You would have no rights that go beyond your property line.

    We will have to agree to disagree. I cannnot find a logical, economical, or ethical way to support your argument. To me, it is simply senseless, and counterproductive. It violates everything I have ever been taught, or observed first hand, about environmental economics.

    RH

  69. re: “…allows you to cause $10 worth of damage “

    I am not causing any damage to your property.

    the “damage” you refer to is akin to someone saying that they are “damaged” when they are prevented from stealing from others.

    Further – you seem to think that the arbiter of what a social benefit is – is the guy who wants to do something that will adversely affect others properties.

    that he is the one who should decide the net social benefit of his activities.

    don’t you think that is a conflict of interest from the get go?

    U.S. policy and law.

    ARE based, in fact, on the concept that property rights do not allow you to affect other people’s properties unless they ALSO AGREE that it is in their better interests also.

    this is the part you do not seem to understand.

    The determination of what a social benefit is – has to be an agreement from both parties.

    You, as a property owner, are free to assert all you want.. what you think will be the benefits to others if you develop your property in a way that affects others.

    What you will not admit is that if they don’t agree.. they won’t concur .. you want to force them to… instead of letting them ALSO assert THEIR property rights.

    You’ve also said.. that you think there ought to be a third party to make such decisions – a third party who is determined how and accountable to who?

    The way we do this right now, Ray.. is with Government – elected by people.. elected by ALL property owners….

    and if a majority of property owners – remember Ray.. these ARE people who DO OWN property – if they decide on what they think the property right rules ought to be.. then how else would you decide if that way is not acceptable to you?

  70. Ray Hyde Avatar

    “I am not causing any damage to your property.”

    Total costs = (cost of production) + (costs of pollution) + (costs of preventing/cleaning pollution)

    Of course you are.

    If you are increasing total costs, you increase MY costs and YOUR costs, not just the polluters cost, and not just the developers cost.

    You can argue all you want, the equation cannot be wrong. That equation is how you decide what is acceptable. The people can decide the rules ought to be any way they like, mob rule and all of that. What they cannot do is “decide” the rules should be assymetric and ALSO claim that no one has the right to cause damge to the property of others.

    If they make a decision that raises the toal costs side of that equation then it affects my costs and my property rights, which by their own precepts, they have no right to do.

    RH

  71. Ray Hyde Avatar

    “there ought to be a third party to make such decisions”

    Now you raise a good question: what third party and accountable to who?

    The way we do this now (using EPA as an example) is that we have an open period for comments before promulgation of new regs. Both the pro and con side (and theroreticaly anyone else) can make their argument for how they think things should be.

    But both sides have an incentive to inflate their figures. Neither side is reliable.

    Furthermore, I believe there is such a thing as an EPA bias. Those people that choose to work at EPA may very well have certain biases. EPA itself has an interest in expanding its own labor force, resources, and power.

    At the same time we recently hear a lot of complaints that EPA is subject to political pressure from a white house that is not particularly eco-friendly.

    And, after the rules happen we can resort to the courts. (Except in land use issues, this option is pretty effectively ruled out.)

    I think that GAO has a good handle on the concept of net public benefit. They are acccountants, not politicians (hopefully). So I would suggest that GAO ought to have some kind of veto power over proposed regulations. GAO veto can be over-ruled by a supermajority or something like that.

    That way EPA can still make a bad reg if they think it is really important, but they might have a harder time getting it through the courts if GAO has said it is a bad economic idea or that it provides a negative social benefit.

    With regard to land use, we need to fix access to the courts. Your argument is that land use and proeprty rights issues are supported by people that own property. That’s fine, as a generality. But it doesn’t mean that I can’t find a jury of my peers that can understand a specific injustice caused by laws and regulations generally enforced.

    Right now, even getting access to that jury is pretty near impossible, for zoning cases.

    RH

  72. Ray Hyde Avatar

    Lest you think I’m alone in my thinking, this is from todays WSJ.

    “If Congress were to pass a law allowing homeowners to rewrite their mortgage contracts, and lenders suffered losses as a result, what would the constitutional implications be? The fifth amendment says “nor shall private property be taken for public use, without just compensation.” Could lenders get “just compensation” for losses that resulted because Congress crammed down an equity-for-debt swap? If so, would this be the best use of taxpayer funds?”

    So, how is that question any different, applied to ANY gov’t regulation which creates winners and losers, ostensibly for the public benefit.

    RH

  73. re: ….” ….That equation is how you decide what is acceptable.”

    No it’s not.. if you are only the one plugging in the variables and others do not agree with the variables or the value of the variables that you are using.

    Your basic equation is correct but you don’t know the right values to plug in.

    If we knew the right values to plug in – we’d not have kepone, pcbs and lots of other nasty …stuff in the rivers – that is permanent.. damaging.. and too expensive to remove.

  74. Ray Hyde Avatar

    1.) The purpose of distinguishing private and social cost is to correct for real resource misallocation from economic agents actions which impose a cost (or benefit) on others in the market.

    Roughly translated, no one should be allowed to impose undue costs on others.

    2.) Externalities are the difference between what parties to a transaction pay and what society pays. Externalities may be positive or negative.

    3.) The source of externalities is the poorly defined property rights for an asset which is scarce. For example, no one owns the environment and yet everyone does. Since no one has property rights to it, no one will use it efficiently and price it. Without prices people treat it as a free good and do not cost it in their decision making.

    4.) A change that can make at least one individual better off, without making any other individual worse off is called a Pareto improvement: an allocation of resources is Pareto efficient when no further Pareto improvements can be made. A common criticism of a state of Pareto efficiency is that it does not necessarily result in a socially desirable distribution of resources, as it may lead to unjust and inefficient inequities.

    5.) In the real world ensuring that nobody is disadvantaged by a change aimed at improving economic efficiency may require compensation of one or more parties. For instance, if a change in economic policy dictates that a legally protected monopoly ceases to exist and that market subsequently becomes competitive and more efficient, the monopolist will be made worse off. However, the loss to the monopolist will be more than offset by the gain in efficiency.

    6.) That is, for the alleged Pareto improvement (say from public regulation of the monopolist or removal of tariffs) some losers are not (fully) compensated. The change thus results in distribution effects (property rights violations) in addition to any improvement that might have taken place.

    7.) This theory of correct compensation to eliminate these distribution effects caused by policy changes is known as Kaldor-Hicks efficiency.

    8.) The optimal amount of compensation and exteranlities is calculated using the Full Cost Model. One version of the full cost model is

    Full cost = (cost of production) + (cost of pollution) + (cost of pulloution Abatement/Cleanup). In this equaiton the benefits of each term are simply assumed to be negative costs.

    9.) From this it can be shown that he solution to the problem is to minimize the sum of damage costs and abatement costs. Any other solution is suboptimal and is equivalent to creating new externalities.

    Therefore it is always true that the optimal amount of any externality is established by minimizing the sum of damage and abatement costs so we end up with some amount of aggregate pollution. (This implies that pollution is necessary to get the best social benefit, and therefore we must concede some right to pollute. At present we make those concessions through the permitting process.)

    10.) The problem in all of this comes down to uncertainties in the costs of the marginal damage function (the costs of pollution) and in the marginal abatement costs. The solution to this problem is to properly define and price property rights (through trading), not to eliminate the rights of one party.

    11.) Practically speaking, in the real world, this means we put a price on externalities. In order to prevent taking private property or causing damage to one’s property rights compared to anothers, we would put a price on both positive and negative externalities. However, the government has an incentive to not price positive externalities, since they represent a hidden tax.

    The price we set can result in optimal social justice and net public benefit. Or we can set the price to achieve a predetermined standard, at least cost. Or, you can use externality pricing to induce compliance to a particular standard regardless of cost.

    But only the first one of these does not induce externalities of its own.

    12.) Furthermore the optimal answer is dependent on both supply and demand. Therefore if you consider, for example, road pricing as a way to cost the externality of congestion, road pricing alone does not guarantee an optimal solution. The correct answer over time may well be (and probably will be)road pricing, plus smore roads.

    You can deny all of this until you are blue in the face, but they are NOT MY IDEAS. The concept of highest net social value is codified in public policy. Teh concept that no person or group should bear undue costs is codified in law.

    The only things we have not pinned down is the costs of pollution and the costs of abatement, and the way to do that is through properly defining property rights, becaus not doing so is the primary source of all externalities.

    RH

  75. Ray Hyde Avatar

    “Your basic equation is correct but you don’t know the right values to plug in.”

    Correct.

    Mistakes were made. But the way you prevent them in the future is NOT by reducing property rights (and the atttendant responsibilites).

    What the equation tells us is that we can have huge consequences if we err in EITHER direction.

    Therefore the only thing that makes sense is to diligently seek the right answers, not to assume a position that allows or creates one right as inherently superior to another.

    —————————–

    “if you are only the one plugging in the variables “

    I never suggested that only one side gets to plug in the variables. Except we are not talking about variables here, these are actual, measurable, costs, or at least they are estimates that are made on a consistent basis. We don’t assume that the cost of one pollutant is 500 cancers a year and the cost of another is 5000 cancers a year, and then conclude the second costs less than the first.

    “and others do not agree with the variables or the value of the variables that you are using.”

    That’s why they have to be measurable or at least estimated consistently. You cannot disagree with a measurable fact. That’s why you need one agency (and probably courts) evaluating the validity of data and a different agency using the data to set standards.

    —————————–

    “If we knew the right values to plug in – we’d not have kepone, pcbs and lots of other nasty …stuff in the rivers – that is permanent.. damaging.. and too expensive to remove.”

    And you were so close to understanding, but now you blew it.

    Not necessarily. We have to make decisions with the data we have. We cannot expect to have perfect knowledge in advance of the facts being discovered.

    What this suggests is, once again, that one side should have superior property rights by virtue of setting an impossible standard for the other side: the standard of negative proof.

    Yes, if we knew the right values, we would not have made those mistakes, maybe. But we will be waiting an infinity for perfect knowledge and make a lot more and maybe bigger mistakes of the opposite kind in the process.

    We can only make decisions with the best knowledge we have. Some of them will eventually prove to be wrong, but that doesn’t mean we should have postponed the decsion in perpetuity.

    The problem is that one issue politics leads to special interests with an agenda to manufacture data in order to improve their position: to gain new unpaid for property rights.

    This is an abomination that we need to stomp out, and the only way to do it is with a barrage of truth: facts so incontrovertible and unifromly accepted that they are not worth arguing over.

    We simply can’t have the value of one statistical life being worth $500 thousand and another one being worth a $billion, and yet we are making decisions all the time that result in just such disparities in property rights.

    RH

  76. Property rights mean that you do not have to accept damage to your property no matter what the equation says.

    You might be fine with some level of mercury contamination but another property owner may not.

    Since it is his property – it is his decision – not yours.

    You seem to think that if you have sufficient justification that it is okay for you to go ahead anyhow.

    It is not.

    You can talk about polluting the water that everyone owns but let’s take your neighbor.

    You can make a ton of money on producing a product but you end up with some waste..

    it’s really only 1% of the overall cost so the cost/benefit is tremendous – but you are out of space to put the waste.

    You suggest to your neighbor that because the “equation” is really heavily weighed in terms of benefits that for him to not allow you to dump waste on his property is harming you.

    That he has no right to harm you.. especially if the level of waste is 1/100th of the benefits.

    Ray.. for a property rights guy – you show a complete lack of regard for the term….

    it’s not about what is a benefit.. it’s not about the equation.. it’s about what rights you have as a property owner.

    You think that your rights to use others property – whether they agree or not – is your “right” and the other property owner ..by not letting you use his property .. is taking something from you.

    This is totally bizarre.

    At the personal property level – there is no societal arbiter who decides how much waste you can put on your neighbors land.

    The only time an arbiter is involved is when you are wanting to pollute things that cannot be owned by individual property owners – air and water.

    But even then – you do not get to decide what the variables are (or are not) in that equation nor do you get to decide the quantities.

    Doesn’t that tell you something about just how much “right” you have?

    The ONLY “right” that you have is the right to submit a comment to a proposed law or policy.

    You may not agree with the structure of the equation or the values used in the variables but at the end of the day.. the decision as to that equation defines what your “right” is ..and is not.

    and at that point.. your “right” is the same “right” that other landowners have.

    and if the law says that you cannot pollute the air and water around their land – whether you feel that you are being financially harmed or not is – not relevant – even if you felt that you could “prove” a 1000 to 1 cost/benefit.. you still do not have that right and the other landowner is perfectly within his rights to stop you if you exceed the limits of your permit.

    Finally.. you talk about how hard it is to estimate what the limits of pollution ought to be with respect to the tradeoffs and potential harm that cannot be easily estimated ahead of time.

    Your approach – and you’ve never given a better approach.. is to … do the harm .. until you find out it is too much and then back off..

    by then Ray.. it is too late.

    You’ve already caused far more harm than the economic benefits would ever provide.

    The equation that you though had a positive cost/benefit ratio at the beginning turned out to be so wrong – that it can never be corrected.

    and yet.. what you are saying right now.. is to use that same process….

    Here is one thing for you to look at that is somewhat like the equation you talk about except for one important variable that you have not allowed for (and not until the advent of TMDLs was it allowed for):


    What is a TMDL?

    A TMDL (Total Maximum Daily Load) establishes the maximum amount of an impairing substance or stressor that a waterbody can assimilate and still meet WQSs and allocates that load among pollution contributors.
    .
    .
    .
    How are TMDLs calculated?

    A TMDL is the sum of the allowed pollutant loads for point sources, non-point sources, projected growth and a margin of safety.

    TMDL = Point Sources + Nonpoint Sources + Projected Growth + Margin of Safety

    Load allocations are determined through the review of monitoring data and watershed modeling. The tools used depends upon the complexity of the problem.”

    http://www.mde.state.md.us/Programs/WaterPrograms/TMDL/index.asp#what

    what you are not accounting for is the “margin of safety” –

    it’s a subjective number.

    For someone who is producing a product that has pollution – they would like that number to be small…

    for someone who owns property that might be affected by pollution.. they want that number to be fat… big enough so we don’t have any more kepone and PCB mistakes.

    What you’re advocating is essentially that there is a “right” number – and I would agree with you – and so would the theory behind the TMDL.

    but how do you arrive at the “right” number and just as important – how to you get those who pollute to agree with those affected by pollution to agree on what the “right” amount is.

    This is why I tell you that your neighbor may well not agree with you on what your opinion is with respect to cost/benefit.

    further.. if there is not agreement.. it DOES NOT allow you to go forward anyhow because you think you are correct.

    Now if the Government agrees with you .. and this being the same government that represents other property owners then you’re good to go..

    but again.. the decision is not yours… never will be.. and in the end.. as I have been telling you –

    you do not have the inherent unfettered right to pollute.

    and it’s interesting.. I think we both also agree that the determination of infrastructure impacts .. for development.. follows along these same lines – in terms of what the issues are with property rights.

    correct?

  77. Ray Hyde Avatar

    “you do not have the inherent unfettered right to pollute.”

    That’s a lot different from no right to pollute.

    And you also do not have a right to claim that the cost of pollution is infinite.

    Or that we should have prevented (for example) PCB production when it started in 1929 based on costs of cleanup which we had no way of knowing would be required.

    PCB’s were the best known technology of the time and resulted in low cost electricity to many for decades. Sure, we have substitutes now, but they are higher cost and less durable.

    The difference over the decades we used PCB’s (for all their later discovered disadvantages) still amounts to a benefit of PCBs and it may have amounted to billions of dollars we all shared.

    But yet now, we want to go back and apply liablility under CERCLA only to the manufacturors and major users. As if we were not the ultimate users and benefactors (as well as the ultimate victims).

    RH

  78. Ray Hyde Avatar

    “Property rights mean that you do not have to accept damage to your property no matter what the equation says.”

    Wrong. The equation cannot be wrong.

    “You might be fine with some level of mercury contamination but another property owner may not.”

    See rule number three, remember I didn’t make this up.

    3.) The source of externalities is the poorly defined property rights for an asset which is scarce. For example, no one owns the environment and yet everyone does. Since no one has property rights to it, no one will use it efficiently and price it. Without prices people treat it as a free good and do not cost it in their decision making.

    We all have the same right to mercury contamination, whatever that is. If I’m not worried about it, I might sell my right to avoid mercury contamination to the maurfacturor af CFC bulbs. Your friend might sell his right to a conservation agency to make sure his right is sequestered, same as we do with development rights.

    But at some point, when rights are defined defended, and tradeable a price will develop. At that point you rfriend can claim whatever value he wants, but he won’t be able to get it.

    Same as with his home.

    And of course the conseravation agencies will have to pay for those rights, or they won;t get many, except as gifts, probably tax deductible.

    RH

  79. Ray Hyde Avatar

    “it’s really only 1% of the overall cost so the cost/benefit is tremendous – but you are out of space to put the waste.

    You suggest to your neighbor that because the “equation” is really heavily weighed in terms of benefits that for him to not allow you to dump waste on his property is harming you.

    That he has no right to harm you.. especially if the level of waste is 1/100th of the benefits.”

    You still don’t get it. If the benefits are that high, then the person who is damaged can have his damage “paid for”.

    As long as there is a net social benefit, there do not have to be any losers.

    He might not agree with what he is getting paid. But that is why we need free access to courts with a jury of peers, not some imposed price by a panel of judges on the SCC for example.

    If we can ahow that a jury of twelve thinks he is being compensated reasonably – if they would be satisfied with such compensation – then he is probably being unreasonable.

    If you are correct, and many people think the costs are much higher than (so far) shown, then our hypothetical frind will win and a lot of business will move to Africa.

    RH

  80. Ray Hyde Avatar

    “Now if the Government agrees with you .. and this being the same government that represents other property owners then you’re good to go.. “

    Agreed, and that is as it should be. I only insist on better and more transparent accounting. As it stands now the situation is too political, too value laden, and too emotional.

    “At the personal property level – there is no societal arbiter who decides how much waste you can put on your neighbors land.”

    Of coure there is. it is right in that equation. You have no right to violate the equation, or else you are doing more damge to others property than you are preventing on your own. If that is th ecase, then you are violating your own primary premise. It simply cannot be any other way. mathematically impossible.

    And yes, I do account for the margin fo safety. Someone may “want” a fat number, but that does not mean he is entitled to it.
    It is NOT a subjective number, although the reasonable bounds on it may be fairly large.

    All of this boils down to what we call the statistical value of human life. If we put an arbitrarily large value on the “costs of pollution” term int hat equation it will result in a high statistical value of human life for Kepone victims relative to Malaria victims, or Drowning victims, or victims of crime, lack of healthcare and many other problems we have.

    If that is the case THEN you have a really severe proplem with property rights – the ones to your own body.

    So, you can pick any number you want, but as soon as you do, youhave to “sell “that number to the government that has a lot of other priorities.

    That is why the only ethical approach I can see is one that spends the most monry where you can buy th emost statistical lives for the least expense. The guy that “wants’ a fat number is just being unreasonable, unethical, and probably not green, in my book, because he thinks he is promoting conservation, but it is actually waste.

    RH

  81. …”…still amounts to a benefit of PCBs and it may have amounted to billions of dollars we all shared”

    How can it be a benefit when the damage from it far exceeds the benefits?

    this is a complete failure to understand the tradeoffs between the two.

    there are clearly chemicals/products where the balance is positive and there are clearly ones where the damage is so great that no matter what the benefits – and there are some – they are far exceeded by the costs..

    You seem to be saying that a benefit..any benefit ..justifies using the chemical…

  82. re:…”See rule number three, remember I didn’t make this up.”

    yes you did along with those idiotic blogs that insert opinion for facts….

    I showed you a different equation – the TMDL equation that showed other factors that your equation does not take into account and actually ignores.

    One of the most important things that you ignore is the obvious concept that any given waterway can ONLY accommodate a certain level of pollution and that number can and does change as more info is developed.

    What that means is that if you cannot exceed a total number than the amount allowed per “property right” is NOT fixed and not guaranteed and DOES require a permit – you have to get permission .. as you simply cannot just discharge whatever you think is appropriate.

    In other words – you are not using the right equation to start with but even if you were – the determination of the variables and their values is NOT in your purview as a property owner but rather in the purview of ALL landowners represented by a common government.

    Your idea of a “BUNDLE OF STICKS” assumes a permanent irrevocable “right” that does not exist in reality and even your own wrong equation – when applied to ALL property owners proves that a permanent fixed allocation per landowner is simply not true.

  83. … ” ..As long as there is a net social benefit, there do not have to be any losers”

    who would decide this and on what basis?

    Who “owns” the equation and who decides what the variables are and the acceptable value for the variables?

    “Net social benefit” – show me where that term is used by the regulators… by the way.

    Do you think, for instance, that Virginia might have the same value for “net social benefit” for PCBs as.. say Florida?

    or how about Facquier and Spotsylvania?

    how about two different farms with different owners in Facquier.. how do you think each of those owners knows what the “net social benefit” is relative to what he would dump?

  84. “you do not have the inherent unfettered right to pollute.”

    That’s a lot different from no right to pollute.”

    it changes everything from what you say though.

    the “right to pollute” is NOT determined by the property owner but instead others – and the rules can and do change – per those that are impacted – not the property owner who is polluting.

  85. re: “…Roughly translated, no one should be allowed to impose undue costs on others.”

    this is akin to someone saying that they will not let you run into them..

    and you saying that you cannot help but to run into them as you conduct your business…

    and that since, in your opinion, that you had “no choice” that they are not allowed to “imposed costs on you” and instead should bear the damages

    this is such a bizarre concept of “property rights”.

    You are advocating two sets of “property rights” – not a single set that applies to all property owners.

    You are saying that if one landowner is conduction an economic activity that harms other property owners – that he is “allowed” to do that ,,,because if the others stop him..they are imposing costs on him and they cannot do that?

    who decides this Ray?

  86. “You can deny all of this until you are blue in the face, but they are NOT MY IDEAS. The concept of highest net social value is codified in public policy. Teh concept that no person or group should bear undue costs is codified in law.”

    Are you talking about the law today.. the way it is actually implemented today?

    I’m trying to understand the connection between what you are saying .. and the way things actually work.

    Are you describing the way things actually work right now

    .. or are you advocating something different?

    and the “equation” you cite

    is it what is currently used to implement pollution laws?

    ..or is it what you think should be used?

  87. re:I never suggested that only one side gets to plug in the variables. Except we are not talking about variables here, these are actual, measurable, costs, or at least they are estimates that are made on a consistent basis. We don’t assume that the cost of one pollutant is 500 cancers a year and the cost of another is 5000 cancers a year, and then conclude the second costs less than the first.

    but you did.

    you gave ONE EQUATION that you have claimed is the only one that can be used…

    and it only has SOME variables in it.. not all of them…

    like “growth” and like “safety margin”….

    further.. you seem to think that the only value of describing impacts is .. number of cancers….

    how do you calculate losing 20 points off your IQ but you never get cancer and you live just as long as you would have without having your IQ damaged?

    How do you figure that cost?

    How do yo figure the cost of an entire species of critters being wiped out by a pesticide?

    How do you figure out the cost of fish being so contaminated that they cannot safely be eaten?

    How do you figure out the cost of a waterway that is no longer safe to swim in?

    How does your equation take these variables into account and how do you “measure” the values?

  88. re: ” ..You still don’t get it. If the benefits are that high, then the person who is damaged can have his damage “paid for”.”

    oh but I do get it.

    What if he does not want payment but wants to keep undamaged the thing he owns that is of value to him besides monetary?

    what if he and you do not agree on the cost?

    who decides that the compensation for the damage is “adequate” if the two of you do not agree?

    and tell me again.. how much are you allowed to pollute – as a right – without the other landowner having a say in it to start with?

  89. ” ..As long as there is a net social benefit, there do not have to be any losers. “

    right.

    so tell me again the process used to determine that PCBs and Dioxin had a “net social benefit” and tell me what process you advocate using now that is different than the previous method and will insure that we do not have more PCB-type problems?

    Is your approach.. essentially to do it …until proven harmful?

    How do you determine “net social benefit” and who does it?

  90. ” But at some point, when rights are defined defended, and tradeable a price will develop.”

    are you saying that this has not yet been done?

    are you saying that we have no current process for determining the “right” to pollute with PCBs?

    Are you saying that the government does not have current standards for specific pollutants in terms of what kind of stuff can be released and in what quantity?

    If they have such standards then isn’t the “price”, in fact, established?

    If a product cannot be made with a highly polluting chemical that allows the product to be cheaper – so a different, more expensive process has to be used…

    is that not setting the price?

    If the State further restricts the amount of mercury than can be emitted by coal power plants – have they not, in setting such standards, “set the price”?

  91. Here’s a REAL example of how the pollution issue plays out over time:

    “Study links pesticide compound with frog illnesses

    ACC SMARTBRIEF | 10/31/2008
    A study concludes that atrazine, an active ingredient in several herbicide products made by Swiss company Syngenta, is linked to the growth of flatworm parasites that can kill frogs and compromise their immune system. However, Syngenta said in a statement: “50 years of use and a vast amount of research has shown that [atrazine] can be used safely with no long-term detriment to ecosystems.”

    If true, it means that we’ll lose huge populations of frogs.

    Now how would you calculate such a “loss”?

    The company that makes atrazine clearly believes that the “benefits” far outweigh the supposed “loss”.

    At this point they don’t believe the connection – even though Scientists are starting to reach a level of consensus – which should not be surprising as this is a common progression with respect to chemicals in the environment – it often takes a while.. sometimes decades.. (like with the Eagles) before enough evidence makes it clear that what was originally thought to have a net benefit.. did not…

    How does your “equation” take this kind of thing into account?

    where..in your equation.. does it allow for something whose original cost/benefit has changed from a positive one to a negative one?

    where..in your equation.. does it reflect resolving differing viewpoints about the “cost” verses the “benefit” where.. the property owner who makes a profit selling the chemical does not believe the scientific data indicating potential or even probably damaged not originally understood?

    In these circumstances ..what are the “rights” of the polluter ?

    If I heard you correctly, in these circumstances, the rest of us “owe” the polluter the value of his “loss” if we originally agree that his product had a positive cost-benefit and now we say it does not.

    So… does that mean … that every polluter that ever polluted is due compensation from the rest of us – as well as the costs of cleaning it up ALSO belong to us?

    What would keep anyone from stepping forward and saying that they want to make a product and pollution will be created in the process – and that the rest of us should pay him not to pollute…??

    Why could not..every single one of us “property owners” with our “rights” make this same case and claim compensation ?

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