Property Rights – Page 11 – artdiamondblog.com

In Egypt: The Authorities Versus the Entrepreneur

Cairo entrepreneur serves good food to willing customers. Source of image: online version of the NYT article quoted and cited below.

In The Other Path, Hernando de Soto wrote about how governments in much of the world make it nearly impossible for the poor to legally get a start as entrepreneurs. Here is a perfect example of de Soto’s point:

CAIRO, Oct. 2 — With his cart tucked beneath a highway overpass, just beside the railroad tracks and behind a parked taxi, Farouk Salem darted his eyes back and forth nervously as he awaited customers.

On most days, except during Ramadan, the sun has barely risen and worshipers are shuffling out of the nearby mosque after morning prayers as the first customers make their way to Mr. Salem. A few quick flicks of a ladle, the shaking of a bottle or two, and breakfast is ready.

Mr. Salem sells ful, the fava bean stew that is a staple of Egyptian cuisine, as a cheap, hearty breakfast for just 20 cents. But he is an unlicensed street vendor, one of the many hundreds of thousands of Egyptians who make their living in what economists here describe as Egypt’s informal work force: selling, delivering, cooking, cleaning, serving, ferrying, shoeshining, anything that will provide income.

Dr. Rashad Abdou, a professor of economics at Cairo University, estimated that the informal sector might account for as much as 60 percent of Egypt’s economy.

“As long as I keep a low profile, they don’t bother me,” Mr. Salem said on a recent day, as his brother worked behind the parked metal cart, dishing out bowls of ful. The police have forced him to move many times and have even confiscated his cart. But it is hard to keep a really low profile when the food is good and the prices are cheap.

As the sun began to heat up the morning air, customers showed up in a steady stream, some still in their pajamas.

“It’s good,” said Muhammad Abbadi. “It’s clean. And the most important thing is it’s cheap. We are poor. You see how poor we are in Egypt.”

. . .

“If the authorities want to chase me away, they will do it,” he says, his face tight and nervous. “If they want to put me in prison, they can. If they want to take my cart away, they can.”

He walked over to get some more bread as Muhammad kept ladling.

For the full story, see:

MICHAEL SLACKMAN. "CAIRO JOURNAL; A Hand on the Ladle, and an Eye Out for the Law." The New York Times (Tues., October 3, 2006): A4.

(Note: ellipses added.)

Ful is a fava bean stew that is popular in Cairo. Source of image: online version of the NYT article cited above.

The reference to the de Soto book is:

Soto, Hernando de. The Other Path: The Invisible Revolution in the Third World. 1st ed: HarperCollins, 1989.

Hernando de Soto Creates Buzz in Clinton Hallways

Hernando de Soto and Bill Clinton at the second annual Clinton Global Initiative. Source of photo: online version of the WSJ article cited below.

. . . the buzz in the hallways centered on a topic that until recently most philanthropists all but ignored: registering poor people’s property so they could borrow against it to build businesses, pay taxes or for other purposes. Many citizens of developing countries don’t formally have title to their land, and many economists — including Peruvian economist Hernando de Soto, another conference attendee — see this as a key source of urban poverty. According to Mr. de Soto’s research, the value of unregistered land in developing countries totals over $9 trillion. Mr. Clinton told the audience that these assets "cannot be converted into collateral for loans — wealth locked-up and locked-down — keeping people in grinding poverty instead of being an asset that can lift them up." Up to 85% of urban land parcels in the developing world are unregistered, Mr. Clinton said, citing Mr. de Soto’s research.

But standing in the way of widespread land-ownership records are insufficient legal frameworks, confusing procedures and corrupt property registries. And establishing land ownership is all but impossible in communist and socialist countries, where property usually is owned by the state, said John Bryant, chief executive of Operation Hope, a nonprofit in Los Angeles that provides financial services to the poor.

For the full article, see:

SALLY BEATTY. "GIVING BACK; Helping the Poor Register Land." Wall Street Journal (Fri., September 29, 2006): W2.

(Note: ellipsis added.)

Unintended Consequences of “Protecting” Rare Woodpecker

Red-cockaded woodpecker. Source of image: http://www.fws.gov/athens/images/Red-cockaded%20woodpecker%20120%20KB%205×7.jpg

BOILING SPRING LAKES, N.C., Sept. 23 (AP) — Over the past six months, landowners here have been clear-cutting thousands of trees to keep them from becoming homes for the endangered red-cockaded woodpecker.

The chain saws started in February, when the federal Fish and Wildlife Service put Boiling Spring Lakes on notice that rapid development threatened to squeeze out the woodpecker.

The agency issued a map marking 15 active woodpecker “clusters,” and announced it was working on a new one that could potentially designate whole neighborhoods of this town in southeastern North Carolina as protected habitat, subject to more-stringent building restrictions.

Hoping to beat the mapmakers, landowners swarmed City Hall to apply for lot-clearing permits. Treeless land, after all, would not need to be set aside for woodpeckers. Since February, the city has issued 368 logging permits, a vast majority without accompanying building permits.

The results can be seen all over town. Along the roadsides, scattered brown bark is all that is left of pine stands. Mayor Joan Kinney has watched with dismay as waterfront lots across from her home on Big Lake have been stripped down to sandy wasteland.

. . .

Like the woodpeckers, humans are also looking to defend their nest eggs.

Bonner Stiller has been holding on to two wooded half-acre lakefront lots for 23 years. He stripped both lots of longleaf pines before the government could issue its new map.

“They have finally developed a value,” said Mr. Stiller, a Republican member of the state General Assembly. “And then to have that taken away from you?”

For the full story, see:

"Rare Woodpecker Sends a Town Running for Its Chain Saws." The New York Times, Section 1 (Sun., September 24, 2006): 20.

Salt Lake Mayor Violates “Ridiculous” Zoning Law

Salt Lake City Mayor Rocky Anderson, whose "xeriscape" yard violates a Salt Lake City zoning ordinance. Source of photo: scan from a paper copy of the NYT article cited below.

SALT LAKE CITY, Aug. 21 — Covered as it is by red bark and dotted with ornamental grasses and purple sage shrubs, the front yard of Salt Lake City’s mayor stands out in contrast against the other, uniformly green lawns on the tree-lined street.

Not only is Mayor Rocky Anderson’s yard distinctive, though. It is also illegal, one of hundreds of drought-friendly yards and gardens here that are in violation of zoning ordinances.

In light of a five-year drought that meteorologists say ended last year, Mr. Anderson is one of a growing number of homeowners in desert cities across the West who have traded in their manicured lawns and colorful flower beds for ground cover and gardens that require little water.

In Salt Lake City, though, all front yards must be completely covered with flat green grass, which needs to be watered often to keep it from turning brown and strawlike. Although the zoning ordinance is rarely enforced, some Salt Lake City leaders — including the mayor — want to bring the letter of law in line with current landscaping trends.

“I think the zoning ordinance is ridiculous,’’ Mr. Anderson said. “It clearly needs to be changed.”

For the full story, see:

MELISSA SANFORD. "Salt Lake City Moving Toward Less Thirsty Lawns." The New York Times (Fri., August 25, 2006): A12.

Feds Slowed DSL by Forcing “Open Access”

Here is the background. From the earliest days of broadband service, controversy raged over whether the physical networks used to transport data should be allowed to control content. Thus open access rules, which forced telcos to allow broadband company rivals to use their networks at regulated rates. Cable TV systems, meanwhile, also provided Internet connections via cable modems, but without any obligation to share their facilities. If an independent Internet Service Provider (ISP) like Covad or Earthlink wanted to connect customers via Comcast’s lines, they could negotiate a deal but had no legal club — as they did under open access.

There was a vigorous campaign to mandate open access on cable similar to DSL; regulators under both Presidents Clinton and Bush refused. The inevitable litigation ensued; but the Supreme Court set the matter to rest in FCC v. Brand X (2005). Its 6-3 decision upheld the FCC’s classification of cable broadband as an "information service," placing it beyond the scope of common carrier regulation.

For a number of years, therefore, DSL service was subject to open access while cable was not. Unsurprisingly, DSL providers were blown away early in the race for market share. By the end of 2002, cable-modem subscribers numbered 11 million and DSL just 6.1 million, according to Leichtman Research.

Then DSL began its deregulatory trek. The first critical reform was a surprise FCC decision in February 2003 to end "line sharing" rules. This dramatically raised the prices which ISPs would have to pay to use phone company facilities to provide retail DSL service, dealing a severe blow to companies like Covad. Echoing conventional wisdom, the New York Times news story forecast a consumer defeat: "High-Speed Service May Cost More."

It hasn’t. Average DSL rates, according to Kagan Research, dropped from $39.51 per month in 2002 to $34.72 in 2003. Telcos also expanded the scope, capacity and quality of advanced networks, even improving its endemic customer relations problems.

Consumers responded. DSL, holding just 35% market share in 2002, pulled even with cable among new subscribers in 2004. Leichtman Research reports that "DSL providers have added more broadband subscribers than cable providers in each of the last six quarters," and that overall, "the first quarter of 2006 was the best ever for both DSL and cable broadband providers." Unleashed from open access, DSL is attracting customers like never before — and the overall growth of broadband subscribers (DSL and cable) is notably higher.

For the full commentary, see:

THOMAS W. HAZLETT. "RULE OF LAW; Broadbandits." Wall Street Journal (Sat., August 12, 2006): A9.

“Capitalism has Not Corrupted Our Souls; It has Improved Them”

Source of book image: http://www.amazon.com/gp/product/0226556638/sr=8-1/qid=1153708722/ref=pd_bbs_1/104-2835260-2878345?ie=UTF8

Deirdre McCloskey’s unfashionable, contrarian and compelling manifesto in favor of what she calls the bourgeois virtues starts with an uncompromising "apology" for how private property, free labor, free trade and prudent calculation are the fount of most ethical good in modern society, not a moral threat to it.

The intelligentsia — in thrall for centuries to religion and now to socialism — has for a long time snobbishly despised the bourgeoisie that practices capitalism. Ms. McCloskey calls such people the "clerisy." Their values and virtues, like those of the proletariat and the aristocracy, are widely admired. But almost nobody admires the bourgeoisie. Yet it was for anti-bourgeois ideologies, she notes, that "the twentieth century paid the butcher’s bill."

As Ms. McCloskey explains: "Anyone who after the twentieth century still thinks that thoroughgoing socialism, nationalism, imperialism, mobilization, central planning, regulation, zoning, price controls, tax policy, labor unions, business cartels, government spending, intrusive policing, adventurism in foreign policy, faith in entangling religion and politics, or most of the other thoroughgoing nineteenth-century proposals for government action are still neat, harmless ideas for improving our lives is not paying attention." By contrast, she argues, "capitalism has not corrupted our souls. It has improved them."

For the full review, see:

MATT RIDLEY. "Capitalism Without Tears; Fashionable thinkers sneer at the free market and its practitioners, but economic liberty may actually be a force for personal goodness." The Wall Street Journal (Sat., July 22, 2006): P10.

(Note: in the passage above, I took the liberty of correcting a misspelling of "Deirdre.")

The full citation to the McCloskey book is:

McCloskey, Deirdre N. The Bourgeois Virtues: Ethics for an Age of Commerce. Chicago: University of Chicago Press, 2006. (616 pages, $32.50)

Russians Try to Steal Rocker’s Vacuum Tube Factory

Mike Matthews holding one of the vacuum tubes produced in the Russian factory he owns. Source of photo: online version of the NYT article cited below.

(p. C1) SARATOV, Russia — Mike Matthews, a sound-effects designer and one-time promoter of Jimi Hendrix, bought an unusual Russian factory making vacuum tubes for guitar amplifiers. Now he has encountered a problem increasingly common here: someone is trying to steal his company.

Sharp-elbowed personalities in Russia’s business world are threatening this factory in a case that features accusations of bribery and dark hints of involvement by the agency that used to be the K.G.B.

Though similar to hundreds of such disputes across Russia, this one is resonating around the world, particularly in circles of musicians and fans of high-end audio equipment.

Russia is one of only three countries still making vacuum tubes for use in reproducing music, an aging technology that nonetheless "warms up" the sound of electronic music in audio equipment.

"It’s rock ‘n’ roll versus the mob," Mr. Matthews, 64, said in a telephone interview from New York, where he manages his business distributing the Russian vacuum tubes. "I will not give in to racketeers."

Yet the hostile takeover under way here is not strictly mob-related. It is a dispute peculiar to a country where property rights — whether for large oil companies, car dealerships or this midsize factory — seem always open to renegotiation. It provides a view of the wobbly understanding of ownership that still prevails.

. . .

(p. C4) If the tube factory dies, so will the future of a rock ‘n’ roll sound dating back half a century, the rich grumble of a guitar tube amplifier — think of Jimi Hendrix’s version of "The Star-Spangled Banner" — that musicians say cannot be replicated with modern technology.

"It’s nice and sweet and just pleasing sounding," Peter Stroud, the guitarist for Sheryl Crow, said in a telephone interview from Atlanta. "It’s a smooth, crunchy distortion that just sounds good. It just feels good to play on a tube amp."

He added: "It would be a catastrophe for the music industry if something happened to that plant."

For the full story, see:

ANDREW E. KRAMER. "From Russia, With Dread; American Faces a Truly Hostile Takeover Attempt at His Factory." The New York Times (Tuesday, May 16, 2006): C1 & C4.

The transistor disrupted the vacuum tube, a case that would usually be described as an episode of creative destruction. One secondary lesson from the story above is that there may be a previously unremarked symmetry to the process of disruption. A disruptive technology typically appeals only to a niche in the market, while the incumbent technology dominates the mainstream. But after the disruptive technology improves sufficiently to capture much of the mainstream market, maybe there often will remain a niche market that still prefers the older disruptive technology?

To use Danny DeVito’s example in "Other People’s Money," the car may have disrupted horse-and-buggies. But for some nostalgic "jobs" the horse-and-buggy may still be the better product, so there will likely remain some demand for buggy whips.

To the extent that this phenomenon is significant, it might serve to ease the labor market transition when one technology leapfrogs another.

A vacuum tube used in guitar amplifiers, that was produced in the factory that Mike Matthews owned. Source of photo: online version of the NYT article cited above.

Expecting Nationalization, Companies Held Off Investing in Bolivia

Bolivian President Morales announcing the nationalization of Bolivia’s energy industry. Source of image: http://www.nytimes.com/2006/05/03/world/americas/03bolivia.html

Bolivia’s nationalization of its energy industry, announced Monday by President Evo Morales, was a vivid illustration that the populist policies, championed most prominently by Venezuela, were spreading.

. . .

. . . while Brazil might feel tremors from Bolivia’s decision, it is Bolivia that may be risking its potential as a major natural gas exporter.

Companies had been holding off on investments in Bolivia for some time, unnerved by growing talk of precisely the kind of step that Mr. Morales took this week. Foreign direct investment, much of which goes to energy and mining, fell to $103 million in 2005, from $1 billion in 1999.

What is more, unlike oil, natural gas is not easily exportable, with costly liquefaction facilities, customized tankers or pipelines needed to take the fuel to markets. Chile, a potential market for Bolivian gas, may choose instead a project to import the fuel from as far away as Africa.

Even Brazil, while now reliant on Bolivian gas, has recently discovered large offshore gas reserves of its own. Thus the window of opportunity for Bolivia to become a leading gas exporter may be closing, even as it grows more courageous in its dealings with foreigners.

"If Brazil decides to give the cold shoulder to Bolivia," said Carlos Alberto López, an independent consultant for oil companies in La Paz, "Bolivia will be left with its gas underground."

For the full story, see:

SIMON ROMERO and JUAN FORERO. "Bolivia’s Energy Takeover: Populism Rules in the Andes." The New York Times (Weds., May 3, 2006): A8.

Bolivian soldiers after seizing natural gas facilities. Source of image: http://www.nytimes.com/2006/05/03/world/americas/03bolivia.html

Jane Jacobs Saw Spontaneous Cities Work Better Than Planned Cities

Jane Jacobs died on Tues., April 25, 2006 at the age of 89. ("Jane Jacobs, Author and Activist, Dies." The Wall Street Journal (Tues., April 25, 2006), online edition.)

Jacobs’s ideas came from the heart. Her foray into urban theory was partly inspired by the failed urban renewal efforts of the post-World War II era that displaced tens of thousands of poor and minority residents and resulted in the isolation or destruction of previously vibrant neighborhoods in New York, Chicago, Pittsburgh and elsewhere.

Fundamentally, there is little difference behind the social engineering mentality of those who wrought the disaster of postwar urban renewal and the mindset of today’s planners trying to regulate away suburbia in hopes of master-planned urban living for everyone.

More and more, these planners are calling for the centralization of land-use control under state and regional governments, usurping the American tradition of local control over development. In the view of many planners, this command-and-control bureaucracy is needed because municipal planning is too "uncoordinated" to achieve "societally beneficial" goals like open-space preservation, mass transit and urban densification.

But if they go back and reread "Death and Life," they’ll find Jacobs rightly asking, "How is bigger administration, with labyrinths nobody can comprehend or navigate, an improvement over crazy-quilt township and suburban governments?"

She went on to ridicule the idea of regionalism as "escapism from intellectual helplessness" predicated on the delusion that the problems planners are unable to solve at the local level will somehow be more easily addressed on a larger-scale, concluding that "no other expertise can substitute for locality knowledge in planning."

Politicians and planners would do well to commemorate Jacobs by revisiting her work. Despite the best efforts of well-intentioned planners, you can’t "create" a vibrant city or neighborhood. The best cities and neighborhoods just happen, and the best thing we can do is to step out of the way of innovators and entrepreneurs.

For the full commentary, see:

LEONARD GILROY. "Urban Planners Are Blind To What Jane Jacobs Really Saw." The Wall Street Journal (Tues., May 2, 2006): D8.

The reference to Jacobs’ most important book is:

Jacobs, Jane. The Death and Life of Great American Cities. New York: Random House, 1961.

Source of book image: http://archives.cnn.com/2000/books/news/11/23/jane.jacobs.ap/

Justice Souter’s Home to Become “Lost Liberty Hotel”

Source of image: http://www.cafepress.com/freestarmedia.24473311

WEARE, N.H. – When we reached Justice David Souter’s home, a ramshackle old farmhouse along a dirt road, Keith Lacasse explained his plans for it if he’s voted onto the town’s Board of Selectmen in the election today.
The first plan, which Lacasse and his friends drew up right after hearing of Souter’s vote in the Kelo eminent-domain case last year, was for the town to seize Souter’s property and turn it into a park with a monument to the Constitution. But then Lacasse, a local architect, switched to an idea proposed by an activist from California: turning it into the Lost Liberty Hotel.
”Actually, it would be more like a bed and breakfast,” Lacasse said. ”We’d use the front of the house for a cafe and a little museum. There’d be nine suites, with a black robe in each of the closets.”
. . .
Most Americans have the traditional idea that property can be taken for ”public use” if it is actually going to be used by the public as, for example, a road or a park. But that definition gradually expanded over the last half-century as the Supreme Court ruled that property could be seized and turned over to private parties if there were special circumstances and an overriding public benefit, like eliminating ”blight” in a poor Washington neighborhood or breaking up a land oligopoly in Hawaii.
The Kelo case, however, went way beyond those decisions, allowing the town of New London to seize property that wasn’t blighted simply because it thought it could find a developer to make a more profitable use of the property. It was a new version of the field of dreams theory: if you tear it down, they will come.
”The Kelo decision wasn’t compelled by legal precedents,” says Richard Epstein, a law professor at the University of Chicago. ”It wasn’t a case of eliminating blight or breaking up an oligopoly. There was no precedent for kicking people out of their private homes just to warehouse the land for future development.”
The Kelo case was an opportunity for the justices to put limits on the use of eminent domain — and to look at how the power had been abused since cities had begun using expanded powers of eminent domain half a century ago. As Clarence Thomas pointed out in his dissenting opinion in Kelo, ”In cities across the country, urban renewal came to be known as ‘Negro removal.’ ”

For the full commentary, see:
JOHN TIERNEY. “Supreme Home Makeover.” New York Times (Tues., March 14, 2006): A31.
A related observation:

Supreme Court Justice David Souter, Writing for the Majority in a Warrantless Search Case Decided by The Court This Week, Possibly Forgetting his Previous Vote in Kelo, to Allow Government to Seize Private Property Under Eminent Domain to Give to Developers:
“We have, after all, lived our whole national history with an understanding of the ancient adage that a man’s home is his castle.”

Source of the observation:
Center for Individual Freedom, Lunchtime Liberty Update, emailed 3/24/06.

Owlish Evidence: More on Why Crichton is Right

Environmentalists have hypothesized that there is a link between harvesting old-growth forests and declines in owl populations. But there is reason to believe that the hypothesis may be false, and apparently environmentalists and the federal government do not have much interest in testing it:

. . . , we know little about the relationship between harvesting and owl populations. One such study — privately funded — infers an inverse relationship between harvesting and owls. In other words, in areas where some harvesting has occurred, owl numbers are increasing a bit, or at least holding their own, while numbers are declining in areas where no harvesting has occurred.
This news will come as no surprise to Oregon, Washington and California timberland owners who are legally required to provide habitat for owls. Their actively managed lands are home to the highest reproductive rates ever recorded for spotted owls. Why is this?
One possible answer is that the anecdotal evidence on which the listing decision was based is incomplete. No one denies the presence of owls in old-growth forests, but what about the owls that are prospering in managed forests and in forests where little old growth remains? Could it be that spotted owls are more resourceful than we think?
We don’t know — and the reason we don’t know is that 16 years ago federal scientists chose to politicize their hypothesis rather than test it rigorously, to flatly reject critiques from biometricians who questioned the statistical validity of the evidence on which the listing decision was based, and to declare with by-god certainty that once the old-growth harvest stopped owl populations would begin to recover.

For the full story, see:
JIM PETERSEN. “RULE OF LAW; Owl Be Damned.” The Wall Street Journal (Sat., February 18, 2006): A9.