RI’s Government Assault on Property Rights
PUBLISHER’S NOTE: The #AssaultOnRIFamilies by our own state government continues. This attack, stemming from the RhodeMapRI controversy from 10-12 years ago and in response to the so-called housing crisis, is yet another example of how the most fundamental building block of our free-market system of capitalism – private property ownership and related property rights – is continually being eroded by Left-leaning elitists in both elected and appointed office.
The column below was written by Larry Fitzmorris, longtime President of Portsmouth Concerned Citizens, a non-partisan pro-taxpayer group.
The Assault on Property Rights
The passage of thirty or more zoning code laws in the last three years have essentially transferred control of zoning code from local governments and voters to state agencies. We believe that the imposition of principal zoning control changes by the Assembly is poorly thought out and a betrayal of the relationship between our citizens and the members of the State government. The zoning code authority now in the hands of the State bureaucracy was previously administered by municipal governments. Councils were required by law to change zoning code before local citizens in public hearings. Now we face the rule by the few and disinterested over the many. It is also the virtual death of local control over municipal growth strategies.
This Low and Moderate Income (LMI) housing initiative is a direct attack on our nation’s basic laws. The Rhode Island Constitution’s Article Thirteen has provisions for home rule. Although the state retains ultimate control over most local matters, the State Constitution emphasizes local control over local laws. This clearly includes zoning code. The moderate housing initiative also directly attacks the Fourth Amendment to the US Constitution and its guarantee of the right to property. When the Assembly passes laws that undermine constitutional protections of our property values, it is transferring our right to property and our local control over zoning code to State agencies. Such a broad-based series of new laws are going to be complex, but the intent is clearly to convert our residential properties into higher density housing through the removal of zoning rules limiting single lots to single homes. The new laws also reduce lot setback dimensions on existing lots and provide ease of approval of special use permits, hamstringing local planning and zoning boards. That was intentional.
This Assembly action also establishes a deeply concerning precedent. With largely unresponsive state agencies in control, what is next for property owners?
What is at Stake – The State’s intervention in local zoning code is officially intended to deal with a shortage of moderate housing. These laws impose changes that the people of Portsmouth, and many other Rhode Island communities, did not adopt. These zoning changes were also done without consultation with local governments or the citizens involved. The whole effort was largely kept quiet until most of the bills, and the real damage, had already been done. This path was taken despite a clear emphasis on local control in the Rhode Island Constitution. These zoning changes also appear to violate the Fourth Amendment to the US Constitution, in that the effort to place additional houses on residential lots devalues the adjoining property. That loss of value will not be made good by the State and it therefore is a violation of the “takings clause ” in the Fourth Amendment. The Assembly has acted against the fundamental interests of the State’s homeowners. They have used the power of government to implement changes in municipal laws for which they would have received considerable opposition, had the people been properly informed.
Actions by the Portsmouth Assembly Delegation . Unfortunately, our Representatives and Senator are active in support of three projects in Portsmouth being constructed by developer Church Community Corp. They are appearing before the Planning Board and are active in the letters to the editor columns. That seems inappropriate at the least. They are part of the legislature and implementation of what are almost entirely State funded projects should be done by the employees of the executive branch. This is required by the Separation of Powers Amendment to the Rhode Island Constitution, approved by the voters in 2004. In addition, all of our Assembly delegation voted for House bill 5793 and Senate bill 1091, which are identical. The bills became law last spring. That law suspended the property tax cap limits on newly constructed residential property for three years after completion. That, of course, raises taxes on affordable housing making it less affordable . The PCC made our case on these bills directly with our delegation by letter, but were ignored by all four legislators.
Fundamental Change in the Nature of Portsmouth . This rush to funnel additional funds into affordable housing is not a new program. Under different names, this effort has been underway for at least twenty years. Yet the State tells us we still have a problem. But what is the cost to Portsmouth? It may very well be massive. Presently there are three affordable housing projects underway in Portsmouth:
Is the Assembly Serious about Affordable Housing? Theanswer is clear – not really. This is the government that is unable to fix the Washington Bridge, nearly two years after it failed. The bridge is still in the demolition phase, inconveniencing Rhode Island citizens by the tens of thousands twice a day. So, success in major government programs is hard to find and that includes the State’s long-term effort to address affordable housing. If the state really wanted to address the cost of housing, it would repeal the state laws that have driven our electricity rates to some of the highest in the nation, and they would address the rules and regulations that have made Rhode Island the most hostile state to small businesses – for at least ten years. The small business sector is the largest part of Rhode Island’s job market. Better jobs enable families to enter the local real estate market. A strong small business sector produces higher paying jobs, is an incubator for new businesses and is critical in expanding employment.
In Portsmouth, the construction of LMI housing continues at a brisk pace. The Anne Hutchenson property is well along, and two additional sites at Sprague and Turnpike have been approved by the Town. All three of these projects represent a rapid expansion of LMI development, all of which are high density. There are additional projects being planned for North of Cherokee and at Thurston Farms. Together these four projects represent 142 LMI units. However, existing apartments and condominiums owners along the West Main Road corridor are advertising for tenants. There is no local shortage of housing!
Setbacks from property lines have been reduced and on lots 20,000 square feet and larger, additional dwelling unit homes (ADUs) can now be constructed despite local codes limiting these lots to one house. The objective of the State is clear: turn Portsmouth into a much denser community.
What is the Solution? Fighting the Assembly is a tough road to travel, but it can be done. The repealed Sakonnet tolls serve as an example. But in the case of the erosion of property rights, local control of zoning codes and the rural nature of Portsmouth, a wider effort is needed. Our Council must join others in the State that are opposed to this approach and inform the Assembly that they will not obey laws that do violence to our citizen’s rights. We citizens, after all, are sovereign over the Assembly and the Councils.
