Tag Archives: property rights

Property Rights, Provo Grocers, and Zoning Laws

We each have equal God-given (or natural) rights that end where the rights of others begin. All of our rights can arguably be derived from a few basic ones, which may be categorized as rights (1) over our bodies, (2) over the fruits of our labors, (3) over our children within reason as they mature, (4) to interact contractually via mutual voluntary informed consent, and (5) to defend ourselves against others’ aggression. Those last two rights justify us in chartering political systems, to which we contractually delegate limited authority to assist us in defending our rights from others’ aggression so that we may remain free.

It’s sad when our public officers reject their proper role as rights-defending servants to become rights-violating masters, instead, even to the point of behaving like Earthly monarchs to rule over us, dictating how we citizens will exercise our rights as if we exist merely to serve their interests. This is not only immoral but also impractical, as the grandiose central plans that a few mere mortals arrogantly devise to coerce upon the rest of us are generally inferior to the plans that many mere mortals (especially with divine guidance) freely work out amongst themselves through persuasion coupled with voluntary cooperation.

This is also true of zoning, which originated among European socialists. This municipal variety of central economic planning curtails development, reduces competition, promotes false “order” and/or aesthetics over genuine needs, reduces housing supply while raising housing costs, excludes “undesirables,” wastes people’s valuable time with needless paperwork, retards economic progress, and lowers standards-of-living. Every one of its alleged benefits is provided better within genuinely-free markets, which allow the most economical allocation of resources. Houston developed well with hardly any zoning laws and, as a result, enjoys exceptionally affordable housing, while California’s zoning laws (combined with other regulations) have rendered housing so unaffordable that prices are driving residents away.

People often migrate in the direction of greater freedom, which is one reason why many Californians are currently migrating to Utah County, although they are mostly bypassing Provo for now. Their reasons for avoiding Provo remain unclear to us at present in the absence of any professional survey results. However, it’s possible that Provo is repelling new move-ins with its own proliferating regulations, as Provo’s city code more-than-doubled from 2001 to 2021.

Provo’s regulation explosion is partly guided by Provo’s Vision 2030 (or Vision 2050), which is a grandiose central economic plan that mayor John Curtis instigated in 2011, and that Provo’s city councilors have since attempted to translate (as they’ve openly admitted) from abstract vision statement into concrete city code. These efforts have included city council discussions about enhancing Provo’s existing mostly-1970s-era zoning laws that regulate buildings’ function with additional laws that regulate their form. At one Vision 2030 discussion in 2016, Provo’s city councilors even discussed the possibility of requiring all Provo homeowners to landscape their yards in a manner dictated by municipal law. During this surreal discussion, one attendee remarked something about how, if Provo residents didn’t like their local aesthetics, then they could fire their mayor for a successor with better taste.

Such form-based code, like traditional zoning, originated among socialists and has been touted as a means to implement “Smart Growth” policies. These are an attempt to forcibly redirect municipal development away from a city’s outskirts toward its center in the guise of “saving the natural environment.” Such overt environmentalism arguably conceals socialism, as socialists have long understood that rural landowners tend to be more patriotic and conservative than urban dwellers—so, by forcibly confining a town’s growth so that its city center develops in an urbanesque manner, socialists can perhaps help their ideas to flourish more easily within it. Such “Smart Growth” policies are also blatantly part of Provo’s Vision 2030, along with its successor Vision 2050.

Even without such form-based enhancements, Provo’s existing zoning laws still violate our equal God-given (or natural) rights to both property and contract, which form the basis of genuine free markets. For example, Smith’s bought some land long ago in west Provo with the intent to construct a shopping center on that land someday, and Smith’s management has since been waiting for it to make financial sense to do so. But Provo’s city councilors recently decided to forcibly hasten this process by rezoning this land so that Smith’s could no longer use its property to construct what it intended, while hoping that this impediment to competition will encourage other grocers to build stores in that same area. And those city councilors have also been examining alternative locations in west Provo on which competitors might build. Their primary motivation is reportedly to prevent west Provo residents from leaving town to buy their groceries, as this reduces city tax revenue.

Whenever the state forcibly overrides the market, the results are invariably detrimental. Frederic Bastiat wrote expertly about the persistent difference between the overt intent of public policy and what those same policies unintentionally achieve through indirect effects upon a complex system. For those same reasons that he stated so eloquently, forcing a grocery store into existence where it does not (yet) make economic sense for it to exist causes economic inefficiencies that hurt every consumer generally. Rather than centrally control or manipulate markets, it’s better to allow free people to freely work out such things amongst themselves. And, more importantly, it’s also the right thing to respect everyone’s property rights.

The “bottom line” is that zoning must end, including in Provo. Zoning violates rights and it does more harm than good. But zoning won’t end without significant changes in the sort of municipal politicians that Provoans have been electing. And those politicians won’t change unless/until more liberty-lovin’ Provoans involve themselves in municipal politics. And involvement won’t increase unless residents like YOU choose to engage in precinct-level activism by engaging your neighbors, motivating them, educating them, informing them, organizing them, mobilizing them, et cetera. Please choose to do so. And you’re welcome to use this website if it help any.


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Please Vote Against Utah Ballot Proposition 9

Although the 2020 general election will choose both federal and state officers, rather than local officers, this year’s ballot still includes an issue of pressing local concern, which is ballot proposition 9. Proposition 9, if enacted, would expand Utah County’s current county commission from 3 commissioners (currently Nathan Ivie and Tanner Ainge and Bill Lee) to 5 councilors plus a mayor.

This proposition is being sold primarily on the basis that it would separate our county commission’s legislative and executive powers from each other. This reasoning may sound great to Utahn patriots on the surface, but such executive power is already separated, and (moreover) dispersed among seven separately-elected county officers, which include county attorney, county sheriff, county clerk/auditor, county treasurer, county assessor, county surveyor, and county recorder. So, what’s the real reason for this proposed reorganization of our Utah County commission?

To uncover the real reason, it may help to consider the source. This reorganization was instigated recently by county commissioner Nathan Ivie, who (with support from fellow commissioner Tanner Ainge) has consistently voted for both higher taxes and increased central economic planning. And it has also coincided with efforts by Envision Utah to devise a grandiose central plan for Utah County, including where new residents will live, what sort of homes they will own, how they will landscape their yards, et cetera. And it’s arguably more than coincidence that such developments are occurring simultaneously.

These facts together suggest that Proposition 9 is (in reality) likely an effort to unjustly expand our county government to shoulder greater responsibilities (as recommended to it by Envision Utah) that will violate our equal God-given (or natural) rights, including our rights to both property and contract. If our county commission were to respect our rightful liberty as fully as it should, then it would lack any need to expand. Especially considering that the Utah County commission oversees only unincorporated land, which has shrunk over time. With ever-less land within their jurisdiction, why needlessly multiply the officers involved?

This expansion’s opponents include county commissioner Bill Lee, who has heroically stood firmly against Ivie’s and Ainge’s tax hikes and such, but without much success as a minority of one. Lee is warning that Salt Lake County endured a similar reorganization about 20 years ago that resulted in higher taxes, bigger government, and an all-too-powerful mayor. Lee also notes that Utah County’s proposed reorganization would likewise consolidate the executive power currently wielded by seven separate officers into a single kinglike county mayor who would likely usurp legislative power from the county council. We would do well to heed his warnings. And to reelect him.

So, please vote against ballot proposition 9. We don’t need to expand our county government to more-effectively violate our equal God-given (or natural) rights to property and contract and such.


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Public Health Never Justifies Municipal Tyranny

Provo’s city officers are currently using their “bully pulpit” to encourage Provo residents to voluntary follow Governor Gary Herbert’s guidelines to “stay safe, stay home,” which is certainly within the limits of their political authority. But this blog entry (unlike most) isn’t directly about them—it’s about our state legislators who are currently debating a bill to enable them with tyrannical powers. We’ll consider these alarming current events in a moment, but let’s first consider the principles involved…

Political systems exist NOT to reign over us, wantonly commanding us in all things, but ONLY to serve us—and, even in serving us, only in a very specific manner, which is by expertly assisting us in defending our equal God-given rights from others’ aggression. This is the only proper use of the coercive power that they wield over us. And, even in helping us to defend our rightful liberty, American politicians are all further limited by Constitutional law, which they have all sworn a solemn oath-of-office to uphold, and which includes various power-restricting civil liberties such as due process.

These principles do not change at all during alleged emergencies, such as the ongoing coronavirus (COVID19) pandemic; instead, emergencies are times for politicians to do what they should do at ALL other times—to defend our rightful liberty in accordance with Constitutional law. So, for example, its fine for politicians to thwart one sick person from knowingly-and-willfully exposing another person to a deadly disease, all within the confines of due process. But it’s never fine for them to enforce draconian policies that impede the vast majority of healthy citizens from peacefully exercising their basic rights to worship or work or protest.

Despite such facts, seeming crises may provide ample false excuses for power-hungry politicians to usurp power from us citizens, which is usually hard for us to ever regain fully. Sadly, many American politicians, especially governors and some mayors, are currently doing exactly this in the name of keeping the public healthier than it would otherwise be. Although public health is a laudable goal, it should never come at the expense of our rightful liberty. Instead, our politicians should be defending us citizens in our efforts to freely go about our daily business as long as we don’t infringe upon other people’s equal God-given rights. And this includes allowing us citizens to freely take our own sensible precautions to remain healthy.

Utah’s state legislature is currently meeting in an online special session to consider “emergency” legislation to deal with the ongoing coronavirus (COVID19) pandemic. Such bills include HB 3009, which would empower local public officers (such as Provo’s mayor and city council) to declare emergencies and then exercise unchecked power in the name of keeping the public healthier than it would otherwise be. Such power would include ignoring due-process-of-law, detaining us indefinitely without charge, wantonly closing our churches or businesses, and prohibiting our Constitutionally-acknowledged rights to assemble and even protest. Such laws are unconstitutional and, therefore, they are also innately invalid—but they still shouldn’t be enacted.

Some defend this bill on the basis that these same powers are already granted to local health departments, and that this bill would simply transfer these existing powers from unelected bureaucrats to elected politicians—but neither party should wield such power. Police should only have power (within the limits of due process) to restrain sick people from engaging in behaviors that carry a reasonable chance of injuring and/or killing other people. Anything more than this is tyranny and usurpation. Please contact your state legislators to remind them of their oaths-of-office, along with the implications of those oaths, and also to urge them to oppose this bill as long as it continues to defy our rightful liberty and/or Constitutional law!


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Utah County in Transition

Although this site focuses primarily on Provo’s political issues, we are definitely affected by politics at all levels, including the county level. And our Utah County government, over this last year or so, has been enduring three major trends that arguably merit the scrutiny of all Provoans who value their rightful liberty.

Firstly, some politicians are currently seeking to reorganize Utah County’s government from a simple three-person commission into something more complex. Proponents of this reorganization like commissioner Nathan Ivie (who spearheaded this process) have repeatedly asserted that it will allow effective separation of our county government’s legislative and executive functions, which is very sound in principle—but others like commissioner Bill Lee have expressed deep concerns about the details of the proposals that his fellow commissioners have embraced for reorganization, which he asserts could allow both ever-higher taxes and ever-more regulations, as has become characteristic of Salt Lake County. This is a very interesting observation, considering the other two trends that we’re about to highlight.

Secondly, our current county commission (by a 2-to-1 vote) has just raised county-level property tax rates by an astounding 67%. We applaud commissioner Bill Lee, who voted firmly against this needless tax hike and is now trying to rally opposition to it, but we feel severely disappointed with his fellow commissioners Ainge and Ivie, who apparently favor us spending even more of our hard-earned money on being told what to do. This huge tax increase may render a newly-expanded county government awash in cash to spend on new responsibilities.

Thirdly, new responsibilities are currently being contemplated by Envision Utah, which is seeking to lead Utah County (as it’s already done successfully with many other parts of Utah) away from its libertarianish past of both local control and free markets toward a statist future of regional central economic planning. Since late 2018, Envision Utah has studied public opinion, devised scenarios, and evaluated options, in order to compose a common vision for Utah County’s future—a central plan that will dictate where everyone will live, what sort of homes they’ll live in, how they’ll landscape their yards, et cetera. It’s not guaranteed that a newly-reorganized Utah County government will ever arrogate such responsibilities or not—but it’s definitely more likely if we keep electing candidates like commissioner Ivie, who has already stated publicly that he welcomes a countywide central plan for economic development, partly to inhibit development from spreading into undeveloped areas. Such goals happen to be consistent with longtime socialist goals to regulate markets, reduce land ownership, and increase urbanization.

It may be more than coincidental that these three trends are occurring simultaneously. Franklin Delano Roosevelt once asserted that: “In politics, nothing happens by accident. If it happens, you can bet it was planned that way.” In any case, we would do well to monitor these ongoing trends and encourage the best possible outcomes, lest we end up living under Soviet-style central planning, whether overseen by Commissar Nathan Ivie or perhaps someone even worse. We don’t need a county government that reigns over us in all things, but one that helps us to defend our rights against others’ aggression so that we may remain free. The plans of the many, negotiated among free equals, are normally superior to the plans of the few, dictated by political masters.

As Edmund Burke once noted, “evil triumphs when good men do nothing.” So, please don’t do nothing. Instead, please shake off any apathy that impedes you, get educated and/or informed about these pressing issues, get active and organized, and help your neighbors to do likewise. And become the hero that our society needs. If our website helps, then use it. Ditto with these voluminous references below. And, if you do nothing else, then please sign commissioner Bill Lee’s Utah County Petition!


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Envision Utah Subjugating Utah County

People aren’t meant to live in figurative cages, even if those cages are gilded for fleeting times in scarce places. People fare best when they’re both virtuous and free, as freedom allows them to achieve their greatest potential for good.

And this is true not only of individuals but also of entire economies. Whenever markets are kept free, they allow innovation toward greater efficiency and effectiveness, yielding both prosperity and abundance, as rising standards-of-living bless everyone. This is one reason why these United States thrived from 13 colonies to become one of our worlds greatest civilizations.

But nobody’s perfekt. And, sadly, some people seize on the imperfections of free societies, whether real or imagined, as false excuses to enslave their neighbors, allegedly for their own good, which always does less good (if any) than harm.

And such people include Envision Utah.

Envision Utah believes that free-market-driven growth is too “chaotic” and “accidental” (as reported in the Provo Daily Herald) and, as such, it seeks to reorient Utahns away from property rights, free markets, and localized control toward regional governance, central economic planning, and “sustainable development” (as promoted by globalistic socialists). And, sadly, it’s enjoyed a long series of successes across Utah for decades by selling its plans to locals as ways that they can foster their values, which Envision Utah ascertains through careful research.

Envision Utah is currently focusing its attention upon Utah County (including Provo), using the excuse of countywide growth to develop a countywide plan that would force our county’s current relatively-free market to conform to a strict political vision. As part of its current visioning process, Envision Utah has been actively researching Utah County residents’ values and/or ideas through various means that include both workshops and surveys. Its recent Valley Visioning Survey allows respondents to decide communally where everyone will be allowed to live, what sort of homes everyone will have, how those homes will be landscaped, et cetera.

Such plans will almost certainly necessitate a larger costlier Utah County commission that will usurp our equal God-given (or natural) rights more than defend them. Like all misuses of political/coercive power, this can be expected to yield mixed or ineffective or even counterproductive results, meaning that it wont ultimately foster the values that its proponents are promising. Economic plans are always best when they’re made NOT by a few politicians but by zillions of free people in a free society.

Envision Utah is far from alone in trying to subjugate free Utahns to its statist vision. Provo already implemented a visioning process in 2010-2011 to create Vision 2030 to guide it in further centralizing its control over municipal development, demographics, transportation, businesses, homes, landscaping, diet, exercise, et cetera. Neighboring Orem is currently conducting its own similar visioning process, instigated by a city council that (in 2015 by majority vote) rejected Orems “curious mix of laissez-faire capitalism, pioneer frugality, and conservative / limited government expectations” in favor of a new statist approach to city planning.

So, these are all great developments for Utahns who welcome Soviet-style commissars to reign over them, or who aspire to play demigod-king with their neighbors’ lives and/or property. But they’re terrible developments for the rest of us who still value our rightful liberty under Constitutional law. Or who love the fruits of a virtuous free society, such as peace, prosperity, progress, civilization, and happiness.

So, what can we do now?

Our political system will never respect our rights fully until enough of our fellowcitizens are doing likewise. “Power concedes nothing without a demand,” so we need to increase the demand for freedom. We need to persistently awaken our slumbering neighbors to the figurative fetters that are being forged around them. We need to cure their apathy by reviving the spirit of liberty within their hearts-and-minds. We need to alleviate their ignorance by both educating and informing them clearly about the principles of rightful liberty under Constitutional law.

Along with engaging our neighbors’ hearts-and-minds, we also need to both mobilize and organize those who share our views for lasting political victory, building our ranks until we become at least as numerous and/or effective as our political adversaries, and then maintaining our advantage long-term. We also need to start with those closest to us and work outward—this conflict is both timeless and universal, and similar statist visioning processes are occurring both across our nation and around our world.

This struggle for freedom requires more than summer soldiers or sunshine patriots. It requires passion and wisdom and long-term commitment. It may not require leaving bloody footprints on the snows of Valley Forge, but it might require a few sore feet “pounding the pavement” in your neighborhood. And, since yesterday is gone, there’s no time like today to start.

If our website helps, then please feel free to use it. If you’ve got something that will help the rest of us, then please feel free to share it. We’re all in this mess together. And may heaven help us, because we sorely need it. So, if you’re religious, then please get down on your knees and pray—and, in any case, please get up and go do something effective to restore freedom while it’s still possible.


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