Local Laws should be equally applied to all...

September 2006

“And they now passed laws not to benefit the community, but for individual cases. And the government was most corrupt when they passed the most laws.”

The historian Tacitus wrote those words about ancient Rome almost 2,000 years ago. But they apply to many towns in New Jersey today, especially Somers Point.

Laws are supposed to be like rules of a football game. They should be few, fair, simple, and apply to everyone. They should be simple enough to be understood and followed by the fans and the players. The referees are on the field just to apply the rules, not to change them or make them up in the middle of a game. When the referee takes the ball away from our team because we didn’t advance ten yards in four tries, we don’t get angry, because we agree that this is how the game is played.

Zoning and tax laws should work the same way. Every home and business should pay taxes at the same rate, based on its current value. The zoning ordinance states what types of buildings are allowed in each neighborhood, and what they can be used for.

Only one family homes with big front yards are OK in some zones. Other zones permit apartments, motels, stores or factories.

These laws are supposed to be fair, simple and easy to understand. The zoning map at the town hall shows the boundaries of the zones, and everyone can find out what their property can be used for. Most people know what their own property is worth, so they can figure out how much their taxes should be.

When the laws are set this way, and everybody follow them, the city officials don’t have much to do. They don’t have to hire professionals or defend lawsuits. They don’t have to raise taxes to pay for them.

But in Somers Point, and most cities in New Jersey, things don’t work that way. The city spends too much money, so taxes are too high. (Bad state laws are mostly to blame, because they force towns and public schools to spend too much money.) And the zoning laws are not fair. People with a building on their land that was there before the zoning plan was adopted are “grandfathered”.

They can keep using the old building they already have, even though it does not comply with the zoning plan. If a neighbors wants to put up an identical building in the same land, the zoning law doesn’t allow it.

There are simple ways to fix these problems. If taxes are too high, city officials should cut spending, and make taxes affordable for everyone. And if stupid state laws force towns to spend too much money, local politicians should demand changes in Trenton. If the zoning laws are not fair, local officials should change the zoning law so that EVERY person in a zone has an equal chance to build that which SOME people in the zone already enjoy.

These are not easy things to do. But this is what city officials must do if they believe in “liberty and justice for all.” And this is what leaders in America used to do.

But most politicians today take the “easy” way. They don’t cut spending for everyone. Instead they hire a bunch of expensive lawyers and planners to create special “redevelopment” zones. This gives local politicians power to give “tax abatements” or special tax breaks to some property owners, while everyone else pays more. It also lets these towns create special zoning rules for those favored few. This allows a handful of special properties in the town to get low taxes and special building permits that nobody else can get. The “lucky” developers who get these special deals usually make big campaign contributions to the politicians, and some also give good jobs to their relatives.

This is what is happening in Somers Point, and in many other towns in New Jersey. But the politicians of Somers Point are quickly learning that this “easy” path is not so easy after all.

As Tacitus pointed out 2000 years ago, making lots of special laws for individuals corrupts government and creates endless problems. The Somers Point council members have walked into one lawsuit after another. They have caused the town to spend more than $600,000 in legal and professional fees and hike taxes. And they have caused anger and resentment in the community between those who get the special deals and those who don’t.

The solution? The politicians of Somers Point and the rest of the state should stop trying to take the “easy” way. Instead, they should try the more difficult but rewarding method of securing “liberty and justice for all.”

For more information, see www.libertyandprosperity.org and listen to Seth Grossman every Sunday from noon to 4PM on WOND Talk Radio 1400 AM.