New IJ Project Restores Justice In Zoning

Why do we live where we live? And work where we work? And if you own property, why are you restricted in how you can use it? If you’re like most Americans, the answer to these questions is the same: Because the government said so. That is bizarre in a society supposedly built on property rights. And yet zoning is everywhere—a modern patchwork of arbitrary lines that govern virtually every aspect of property use. IJ has launched the Zoning Justice Project to do something about it.

It wasn’t always this way. At the time of the Founding and for many years after, the free use of property was the norm. That principle meant that property use was subject only to the limitations of basic nuisance law. In other words, people were free to use their properties as they saw fit, so long as their use did not cause harm or interfere with another’s ability to do the same. To regulate beyond that, it was widely (and correctly) believed, would amount to an unconstitutional taking. 

All of that changed about a hundred years ago—with the Supreme Court’s decision in Village of Euclid v. Ambler Realty. In Euclid, for the first time, the Supreme Court blessed the concept of zoning as a legitimate exercise of police power. And from that point on, zoning laws exploded nationwide.

The results have been catastrophic. Economists now agree that zoning has made Americans less free and less prosperous. The current housing crisis is a perfect example. Unnecessary restrictions micromanage construction, imposing arbitrary regulations like minimum square footage requirements for new units. And they further drive up costs by creating lengthy and costly permitting processes that make it near-impossible to build. The outcome is predictable: Fewer units of housing get built. At the same time, while governments drive up the cost of construction, they also make it harder for Americans to seek more affordable options, passing laws criminalizing alternatives like mother-in-law suites and tiny homes. So the cost of housing in America continues to skyrocket. 

Similar problems arise in other areas where IJ is active. For example, zoning makes it more difficult to open a business in a desired location—including in one’s home—and often makes it flatly illegal to engage in basic acts of kindness, like feeding or housing those in need. 

IJ is uniquely suited to address these problems. Unlike many activists who advocate for more and more government intervention, IJ is a respected advocate for free-market, property-rights oriented solutions—the types of solutions necessary to effectively combat glaring market manipulation and government abuse. 

To that end, we designed the Zoning Justice Project to protect and promote the freedom to use property. Zoning makes it harder to find and provide housing, start a business, and help those in need. Through strategic litigation, legislative advocacy, and targeted activism, we aim to change that. All Americans have the right to use their property, peacefully and productively, to benefit themselves and their communities.

Ari Bargil is an IJ senior attorney.