{"title":"Direct Voting by Property Owners","authors":"T. Merrill","doi":"10.7916/D8CZ36PP","DOIUrl":null,"url":null,"abstract":"Direct voting by property owners is a widespread but controversial tool for resolving disputes over local collective goods. Direct voting has powerful advantages, in that it can harness the superior knowledge of many local minds, resolve controversies in a way that is perceived to be legitimate, and eliminate corrupt dealmaking. But it also has serious pitfalls, if local voters are poorly informed, or if they ignore external effects on other communities, or if the process is distorted by majoritarian or minoritarian bias. To capitalize on the advantages of local voting, and minimize the risks, this Article proposes that direct voting be limited to local property owners, in a one-owner, one-vote fashion. The issues chosen for resolution by direct voting should also be ones with uniform high stakes for property owners, and minimal spillover effects outside the voting community. Applications to controversies over the creation of local historic districts and the use of eminent domain for economic development are discussed.","PeriodicalId":51436,"journal":{"name":"University of Chicago Law Review","volume":"1 1","pages":"275-310"},"PeriodicalIF":1.9000,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"University of Chicago Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.7916/D8CZ36PP","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 6
Abstract
Direct voting by property owners is a widespread but controversial tool for resolving disputes over local collective goods. Direct voting has powerful advantages, in that it can harness the superior knowledge of many local minds, resolve controversies in a way that is perceived to be legitimate, and eliminate corrupt dealmaking. But it also has serious pitfalls, if local voters are poorly informed, or if they ignore external effects on other communities, or if the process is distorted by majoritarian or minoritarian bias. To capitalize on the advantages of local voting, and minimize the risks, this Article proposes that direct voting be limited to local property owners, in a one-owner, one-vote fashion. The issues chosen for resolution by direct voting should also be ones with uniform high stakes for property owners, and minimal spillover effects outside the voting community. Applications to controversies over the creation of local historic districts and the use of eminent domain for economic development are discussed.
期刊介绍:
The University of Chicago Law Review is a quarterly journal of legal scholarship. Often cited in Supreme Court and other court opinions, as well as in other scholarly works, it is among the most influential journals in the field. Students have full responsibility for editing and publishing the Law Review; they also contribute original scholarship of their own. The Law Review"s editorial board selects all pieces for publication and, with the assistance of staff members, performs substantive and technical edits on each of these pieces prior to publication.