When someone “owns” property, they possess a “bundle” of ancillary rights.

At your request: This week's California Commentary by Jon Coupal
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** California Commentary
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** Density and our property rights
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By Jon Coupal

Several weeks ago, this column addressed Senate Bills 9 and 10, both of which deal with the controversial issue of housing policy and, more specifically, density of housing. Taxpayer advocates and neighbor associations have opposed both SB 9 and SB 10 because of the potential loss of local control and higher taxes. Both bills passed and now await action by Gov. Gavin Newsom.

Senate Bill 9 permits “by right the development of two units on single-family lots” and allows “[subdivision of] a parcel that is zoned for single-family residential use” that “in conjunction with the two-unit provision” could “result in a total of four units on the lot.”

Senate Bill 10 would “authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site.” It would override HOA agreements and voter initiatives that prohibited or limited such development in those areas.

But proponents of these bills, including some who write for this publication, have argued that conservatives who believe in property rights should support the bills. Their contention, however, is off the mark. To understand why, the very nature of property rights must be defined. When someone “owns” property, they possess a “bundle” of ancillary rights. A bundle of rights is a term for the group of legal privileges that attaches to the owner upon purchase. The bundle includes the right of possession; the right of control; the right of exclusion; the right of enjoyment; and the right of disposition. Increases in density, when not consistent with existing law, general plans or zoning, can negatively affect most, if not all, the ancillary rights of property ownership.

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Jon Coupal is the President of the Howard Jarvis Taxpayers Association (HJTA). He is a recognized expert in California fiscal affairs and has argued numerous tax cases before the courts.
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