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Article
Does Democracy Justify Zoning?
Real Estate Law Journal (2022)
  • Michael Lewyn
Abstract
One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.
Keywords
  • zoning,
  • democracy,
  • markets
Publication Date
Fall 2022
Citation Information
Michael Lewyn. "Does Democracy Justify Zoning?" Real Estate Law Journal Vol. 51 (2022) p. 95
Available at: http://works.bepress.com/lewyn/239/