.
| The Taxable
Capacity of Land |
[Published in
Patricia Salkin, 1993. Land Value Taxation.
Albany, N.Y.: Government Law Center,
Albany Law School, pp. 59-82,
with the addition of a Figure 1, facing
Table 1. ] |
The question I am assigned is whether the taxable capacity of land
without buildings is up to the job of financing cities, counties, and
schools. Will the revenue be enough? The answer is "yes."
The universal state and local revenue problem today is whether we must
cap tax rates to avoid driving business away. It is exemplified by
Governor Pete Wilson of the suffering State of California. He keeps
repeating we must make a hard choice: cut taxes and public services, or
drive out business and jobs. (When a public figure gives you two choices
you know they're both bad, and he wants one of them.)
The unique, remarkable quality of a property tax based on land ex
buildings is that you may raise the rate with no fear of driving away
business, construction, people, jobs, or capital! You certainly will not
drive away the land. However high the tax rate, not one square foot of
it will put on a track shoe and hop out of town. The only bad thing to
say about this tax's incentive effects is that it stimulates
revitalization, and makes jobs. If some people think that is bad, maybe
this attitude is the problem.
There is the answer to Governor Wilson' dilemma. I hope here in The
Empire State you will supply a practical demonstration of the answer,
one we may then use to inspire The Golden State. California now,
following Proposition 13, has become a morality play, a gruesome object
lesson in what happens when the property tax is pushed down toward zero.
It forces higher taxes on production and exchange. Non-property taxes,
you know, mostly have the character that they "shoot anything that
moves," penalizing and discouraging economic activity. New
buildings gain by having a lower property tax burden, it is true; but
they bear the brunt of these new taxes and impost fees up front, at the
time they are built. These offset the benefits of their lower property
tax rate.
Most California land, on the other hand, is now taxed at well below the
allowable max of 1%. Speculators may sit on it at little tax cost,
however many highways and water and sewer lines run to and past it,
however many policemen are guarding it from trespass. Little wonder that
California enterprise, once so dynamic, flexible, and vital, is giving
way to stasis and decay. We used to lead the nation in making jobs; now
in losing them. We used to lead in school quality; now in jail
population. When you tax land, the market moves each owner to join it
with labor and capital as a vehicle for enterprise or shelter. When you
untax it, the market moves each owner to hold it more passively and
obstructively as a "store of value," like a dog burying a
bone. The market not only moves the sitting owners, it moves ownership
itself to new owners whose needs are compatible with the tax system you
impose.
The property tax, rather than "shoot anything that moves," is
a charge on inactivity. It taxes both lands and buildings on their
market value, regardless of how they are used. "Hold on," you
might say, "how about the very activity of constructing those
buildings?" Yes, touché, the property tax does shoot at
that, and shoot hard. However, that is why we are here today, to
consider modifying the tax to exempt buildings. The proposal is to make
it a tax mainly, or even purely, on "land ex buildings," a tax
on inactivity, a tax just for sitting on a piece carved from the world's
fixed, limited land supply.
"Hold on again," I have heard, "how much revenue can
land yield by itself?" It is my job to address that. I assure you
it can yield more than local governments need. I have already pointed
out you can raise the rate to any level without fear of driving away
jobs, capital, people, or building. That is a remarkable quality in a
tax, especially one as progressive as the land tax. I will also support
the point in several other ways.
The taxable capacity of land is camouflaged in our times by a
consistent modern tendency to underassess it, relative to buildings.
There are several studies in point. The most general one is the
quinquennial Report of the U.S. Census of Governments. It actually
understates the tendency a lot, by omitting the class of land most
underassessed, that is, raw acreage in and near cities.
There is great latitude in the assessment process. This latitude is now
used to lower the fraction of the property tax base that is listed as
land value, and raise the fraction that is listed as building value. It
could just as well be used the other way, and used to be in many cities,
whenever assessors were getting that message through the election
returns. This would have roughly the same effect as going to a two-rate
system on a more formal basis - except, obviously, that the formal basis
is more permanent, reliable, and generally respectable.
I have here data (Gaffney, 1970, submitted herewith) I worked up in
Milwaukee from 1969 data indicating that, if land were assessed
correctly, the land fraction of the real estate tax base would be over
twice what the City Assessor reported. His fraction was 31%; it should
have been 70%.
How does one come to so startling a finding? Wisconsin is not a
backward state. It prides itself on the high quality of its public
administration. What I did was study sites on the eve of demolition.
When you buy an old junker to tear down and replace with a new building,
you (the market) are obviously recognizing that the building has no
residual value. All the value is then in the land. However, in Milwaukee
in 1969 the Assessor was saying the building was worth about three times
as much as the land, just before tear-down. That is a good way to
measure to what extent land is underassessed.
Try that in Manhattan. When the visitor first gapes at its skyline from
afar, it looks like one big modern high-rise. If you poke around on foot
much, though, you soon realize those are the exception. Most of the lots
are covered with obsolete junk, some of it tumbledown, commanding rents
mainly for their location value.
Check the Empire State Building. Old as it is, it is still nearly the
tallest building in the world. As to its site, it is in a so-so reach of
5th Avenue (34th Street), many blocks from the 100% location (57th
Street, I would guess). Even so, when the site and the building sold in
separate transactions a few years ago, the site represented 1/3 of the
total value. What does that say about the land fraction on neighboring
parcels, covered only with the remains of ordinary old structures? What
does that say about the land fraction nearer the 100% location?
Besides that, exempting buildings from the property tax will raise the
value of the land that goes with them. When you exempt buildings and
uptax land, you are still taxing the same parcel of real estate, you are
just taxing it in a different way. What you don't get from the building
you can now get from the land, whose taxable capacity is enhanced by
your exempting the building, and all potential future buildings, on the
parcel. The process of arbitrage, the higgling of the land market,
should make the land value rise by about the amount of the discounted
present value of the building taxes abated.
How much is that? Take a property tax rate at 2% of the market value of
a new building. Over fifty years, tax payments add up to 100% of the
original value. That's a lot. To be sure, we must correct for the "time
value of money," and discount those future payments to the present.
We must adjust for the anticipated drop in the building assessment after
20 years or so. Doing so brings that 100% down to about 30%, more or
less, depending on your discount rate. Thus, the impact of a 2% property
tax on a new structure is about the same as a 30% building permit fee
levied once, at the time of building. Ouch! Remove that tax threat and
buyers will be willing, if they must, to bid that much more for the land
underneath. If they must? They must: competition and arbitrage see to
that. Land is fixed, but Capital flows like liquid or gas. It abhors a
vacuum, and rushes into new chances. To seize this one, the investors
must bid for land in the subject jurisdiction. Collectively they bid
land up, fortifying your land tax base.
Please understand, the proposed tax change will not produce an
untempered rise of land prices. Taxing land at a higher rate balances
and offsets the effect of exempting buildings. It tends to lower land
prices, just as untaxing buildings tends to raise them. On balance,
however, the positive effects on land prices will outweigh the negative
ones, because of the constructive incentive effects of changing the tax
base to land. Read on.
"What, then, will have changed?", you might be asking. It's a
fair question. What's changed is that your property tax is no longer
biased against renewal, against replacement of old by new. Neither is it
biased against full development of the economic capacity of each site.
All the ground rents that are now aborted by deferral of renewal, and by
underdevelopment, will be generated by new, full development. Land
prices, your new tax base, will be pushed up just by the expectation of
new buildings' being tax free. The mere expectation will immediately
boost the value of land, your new city tax base, even before the new
buildings go up.
For example, Pittsburgh in 1980 downtaxed its buildings and uptaxed its
land, and is fiscally very sound, much more so than bleeding California.
It is raising revenue and also attracting capital: a nice combination.
At the very same time the Mayor of desperate Philadelphia, clueless and
unavailing, is telling the world he cannot raise taxes because everyone
would leave the city! You can peer south across the line better than he,
apparently, can look west on the Pennsylvania Turnpike. You, by
observing and thinking, can benefit from Pittsburgh's example, and
Philadelphia's folly.
"How about corporate stock?", I hear. "Should we exempt
corporate wealth from the property tax?" Actually, almost all
jurisdictions already exempt stock and all other "intangible"
property. Not to worry, however, you tax corporate assets. When you rank
property owners by value of holdings, the top ten on most tax rolls are
all corporations. None of their multi-national profit-shifting through
layered ownership of foreign subs, and creative transfer pricing, can
hide their taxable property on your assessor's maps. This makes sense
anyway. Why should you think you can tax a corporation for its business
in Malaysia? What concerns you is its property in your town.
"Wait another minute," I hear. "Some corporations build
bright new plants in cow pastures, with a high fraction of building
value. If you exempt buildings, you let them off easy." There are
cases in point, I concede, like the blue-collar industrial suburbs of
Cudahy and South Milwaukee, Wisconsin. Probably you could have said that
in Amsterdam, N.Y., when the rug industry was thriving there.
Amsterdam's fate, however, draws a moral about that. An industry that
depends on your land, your location, is likely to stay put; but an
industry that brings in most of its own assets, in the form of capital,
is mobile. What it brought in it can take out.
"Take out buildings? Be serious!" you may say. Buildings look
rooted to the spot, but that is illusory: those roots are temporary.
Buildings depreciate. They may be milked through undermaintenance, and
the capital consumption allowances (CCAs) reinvested elsewhere. After a
few years the plant is an empty shell. They close it, flat-bed the
equipment, and silently steal away. If they really need nothing but a
cow pasture, they can find ten thousand others, anywhere, and reinvest
their CCAs there. You are wise not to tax such plants out of town. You
need them, but they can take their capital to greener pastures. Capital
is mobile, both coming and going. Only land stays put.
In other cases, industries occupy land of high value that is wrongly
assessed low simply because industry occupies it, and it has not been
subdivided. What has subdivision to do with it? The bias of assessors is
to value industrial "acreage" low, relative to improved "lots,"
even though they lie cheek by jowl. It is a kind of wholesale discount
for owners of "raw" (undivided) tracts.
For example, in West Allis, Wisconsin, the southwest corner of the
Allis-Chalmers plant occupies the northeast corner of the 100% location,
the most valuable commercial site in town. That land, with the same
retail potential as the other three corners, is assessed as raw
industrial acreage, as though it were in the boonies, with no
recognition of its high location value for retail/office use. To make a
land tax work, the assessor must be reinstructed to value that land at
its highest and best use rather than as ordinary raw acreage. Exempting
buildings would create the necessary pressure, thus solving the very
problem that otherwise might be taken as a point against it. As noted
earlier, the U.S. Census of Governments gives us no data on this point.
You, however, can find it easily enough: tax assessments are public
records, and you know your own town.
In still other cases "industry" surrounds and intersperses
itself with vast swaths of vacant land. They hold it for open storage,
parking, purported "future expansion," accessways, buffers,
backlots, discouragement of competitors, etc. Many of Los Angeles'
swankiest buildings of today arose over the former surplus lands of the
cinema industry, which disgorged them before 1978 because they used to
have to pay substantial taxes on surplus lands.
"Corporate" is not coterminous with "industrial,"
anyway. Many corporations are in retailing. They own chain stores,
malls, gasoline stations, auto dealerships, major real estate "developments,"
drive-ins, office space, department stores, banks, "power centers,"
etc. As to these, shifting to the land basis will shift more of the tax
burden to them, because retailing has a higher land fraction than any
other major land use (except vacant, golf courses, cemeteries, parking
lots, etc.). That is because location is more critical to retailers than
other businesses. You can tell this by their high rate of tear-downs and
remodeling.
Among its other effects, site-value taxation will induce some land to
shift from retail to industrial use. Recall that exempting the building,
or prospective building, lets buyers bid more for land. The higher the
building fraction, the stronger is that force. Thus the present system,
which is biased against buildings generally, is biased against
industrial compared with retail uses. Removing that bias will help
industry outbid retail for land - not all land, of course, but land on
the tipping point between the uses. Most towns today seem oversupplied
with retailers, compared with their shortage of basic industries.
Shifting to the site-value basis of property taxation helps redress that
balance.
"Let the market decide," some say. "No good can come
from forcing land into use, against the owner's private judgment."
Actually, the proposal to exempt buildings and focus property taxes on
site values is premised on the market concept of consumer sovereignty;
it's the present property tax that isn't. The case may be summed up like
this: if the tax on a parcel varies with the use of the parcel, then the
tax biases choices against the use more taxed. Economists call the land
tax "neutral," for that very reason: it does not vary with
use. It does not bias the choice of uses; the consumer sovereign
prevails. "No other tax can make that statement."
I do not view that as saying we should throw away other social controls
over land use. I have written a short piece, "Land Planning and the
Property Tax," showing how land taxation strengthens the hand of
planners and helps them and the market work together. There are a few
libertarians who would terminate city planning altogether, but that is
pretty extreme, and not the proposal we should be considering here
today. Rather, let us consider a measured proposal, an incremental
change within the framework of present law and custom.
"Hold on once more," I hear, "not so fast, how about the
mansions of rich people?" Another fair question: how, indeed, can
you justify exempting them from taxation? The answer may astonish you.
Here are some data from British Columbia that speak to the point. They
are from the area around Vancouver (The "Lower Mainland") and
the southern part of Vancouver Island, around Victoria, where over half
the people in the province live. B.C. practices high quality
professional assessment; data from its rolls are quite reliable, as such
things go.
Cities and districts around Vancouver and Victoria are ranked, in Table
1, according to the land value per property (single-family residences).
These range from nearly $700,000 @ in the "University Endowment
Lands" district (very posh), to around $40,000 @ in the "Victoria
Rural" district (more modest). The last column, LSREV (Land Share
of Real Estate Value), shows the land value (L) as a share of the total
value (B+L).
These shares range from a high of 80% on the University Endowment Lands
(UEL) down to 38% in Colwood (the lowest), and 39% in Victoria Rural
(next to lowest). In between, the numbers follow the trend closely. The
dearer the land parcels, the higher is the "land fraction"
(the fraction of total real estate value that is land value). From such
data, one might formulate a rule along the lines that "the lot
value increases with the square of the house value." It is hard to
be so precise, and not necessary. The relevant rule we need here is just
that people's house values are more alike than their lot values. It is
lot value, more than house value, that divides the rich from the poor.
The average house (ex land) in the posh UEL jurisdiction is worth 2.8
times the average in the Victoria Rural jurisdiction ($173.1/$61.9). The
average land parcel (ex building) in the UEL is worth 17.5 times the
average in the Victoria Rural jurisdiction ($692.5/$39.6).
Now do us both a favor, please. Pause and savor that comparison. Let it
linger, as though you were testing a slow sip of wine from Fredonia's
famous grapes. Roll it on your tongue, mull sensually over its aroma and
bouquet, and, getting back to business, mull cerebrally over its full
import. The house that shelters the very rich family is worth 2.8 times
the house of the modest family; but the land under the house of the very
rich is worth 17.5 times the land of the modest. Seventeen and one half
times as much! Again, it is lot value, more than building value, that
divides the rich from the poor. Seldom will you find an economic rule
more strongly supported by data. It's just a matter of presenting the
data so as to test and bring out the rule.
TABLE 1:
Land Values (LV) per Residential
Property, Building Values per Residential Property, and Land as Share
of Total Real Estate Value (LSREV) Data from British Columbia, Lower
Mainland and Victoria regions, 1992
| [Table data omitted from this posting] |
An American counterpart of Vancouver's "University Endowment
Lands" is Beverly Hills, California, where land value composes some
80% of residential values, and the mean parcel is worth something like a
million dollars. Beverly Hills, with its great wealth and mansions, is
known as "Tear-down City." Every year many a grand old palace
that once sheltered some renowned matinee idol, and rang to scandalous
parties, is torn down to salvage its site for the next, grander one. In
a land boom, such as crested in 1989, half the city goes to the brink of
demolition and replacement.
What do those data tell us? The rich as a rule do not live next to the
poor. Rather, they cluster in neighborhoods with much higher lot values.
The poor seek shelter first, and go where it is affordable. The rich put
a high premium on location, neighborhood, views, and grounds, resulting
in higher land fractions in their real estate. Mansions are visible
evidences of wealth, impressing viewers powerfully; land values are
invisible. The perceptual bias is to underrate the invisible, if you are
not regularly in the real estate market. In the numbers, however, land
and buildings are equally visible, and their message is clear. It is
land value more than house value that divides the rich from the poor.
Ergo, a tax shift from buildings to land is a shift from the poor to the
rich, even though the houses of the rich are exempted. It makes the
property tax more progressive.
To be sure, those data are grouped by separate municipalities, not
neighborhoods within municipalities. The poor of Colwood cannot tax the
rich in the UEL, except through a higher level of government. However,
what is true among municipalities is also true among neighborhoods
within municipalities. Indeed, if we divided Vancouver into
neighborhoods, the contrasts might be sharper than those shown. The UEL,
for example, is really just a neighborhood in Vancouver that, for
historical reasons, happens to be reported on separately. Harold Brodsky
has done neighborhood comparisons in Washington, D.C.; Margaret Reid in
Chicago; Richard Muth in various cities. They tell the same story. If we
are very lucky, some Institute or Foundation concerned with land policy
will see the importance of this question, and support teams of
researchers and graduate students testing the point in a dozen American
cities. San Francisco, with its scores of well-defined neighborhoods,
would be a natural. Compare exclusive St. Francis Woods (top of the
line) with the crowded Richmond District, and both with Visitacion
Valley (the pits). I surmise the findings would reinforce those
presented above. Meantime, nothing stops you from checking things out in
your own town.
Making the property tax more progressive is not just equitable, it
raises its revenue capacity. That is because visible damage to the poor
and marginal puts a cap on any tax. You can't squeeze blood out of a
turnip, and if you try you'll look like the Sheriff of Nottingham. A
land tax won't drive the poor from their humble huts, because it exempts
the huts, and the sites have low tax valuations. It may tax a few off
valuable land, if their poor huts are there and they own the land.
However, if they own such land, are they really poor?
They may be "land-poor": a few folks always are. They have
non-cash assets, but are illiquid. "Illiquid" may be just a
euphemism for "holding out for more" - there is always a
market at a price. Even so their plight, genuine or affected,
traditionally evokes sympathy and support. We must address it.
California, although backward in many ways, has addressed it
effectively. In our special improvement districts (SIDs), State law
allows the SID to contract with the landowner as follows. You don't have
to pay your annual charge in cash. If you choose not to, we take an
equity in your property, charging a modest rate of interest. Our equity
accumulates over time. When you die, we sell the property and take our
share; your estate gets the rest. Should our equity reach 100% during
your lifetime, you stay there for the duration, tax free.
Objectively, it looks like a good deal for the taxpayer. They can't
come out behind, even if they die soon; if they live long, they come out
ahead. The instructive result is that very few people take this
apparently advantageous option. UCLA's Donald Shoup has published
several works on the program. One way or another, they manage to pay on
time. Perhaps it attracts the attention of potential heirs, in a
compelling way, but somehow the cash comes forth. While intending only
to relieve distress, the program seems to have called a great bluff. The
lachrymose plea of the cash-poor widow is unanswerable in debate,
without appearing callous, doctrinaire, and jackbooted. Meantime wealthy
interests, thoroughly undistressed, hide behind the widow's skirt and
get their way.
We also hear, sometimes, that "it's never been done," or it's
only been done by our drab neighbor Pennsylvania, for whom familiarity
may have bred contempt? Only "far kine have long horns." Or,
whatever progress ensued there was happening anyway. We are destiny's
tots in the grip of cosmic forces. We rise and fall with the tide. We
cannot control Fate; relax and accept what the gods dish out. Fatalism:
it's a sure recipe for milling around ineffectually while life passes us
by.
Let's raise our sights far afield to where "it" has also been
done. I was in Johannesburg not long ago, a city that thrives in the
face of daunting handicaps. I am struck by the miracle of the place; it
is Bootstrap City. It should have died when its gold mines played out,
like a normal mining boomtown. Instead it remains as the economic
capital of its nation and half a continent.
Johannesburg defies and belies many "laws" of urban
economics, such as that "mines create no great cities." Its
once-fabled gold mines are just tailings now, so it should be a ghost
town. It has no harbor, no water transportation, not even any gravity
water supply. It is, in fact, on a ridge-top (the Rand or "reef"),
at an elevation over 5,000'. Water supply is pumped uphill.
It has no sunburst of rail lines, like Chicago or Boston, "The
Hub," except perhaps what it has attracted itself. It is on the
main rail line, but so are a thousand miles of other sites. The natural
site lacks outstanding amenities, and can't hold a candle to Cape Town.
Jo-burg has no governmental economic base. Surrounding farmland is poor,
the climate droughty. Why Johannesburg? Why is it the largest city, the
center of finance, industry, commerce, and international air travel?
As a public finance economist I may overvalue incentive taxation, but
Jo-burg has it. The property tax is on site value alone, and at a high
rate: they tell me it is 4%. This is what makes Jo-burg distinctive.
Challenge and response: Jo-burg had to do something right in order to
survive, and that is what it did. It not only survived, it became and
remains Number One. Give me a better explanation and I'll back off. I
haven't heard one yet.
Jo-burg is not heaven, far from it. It is surrounded by and transfused
with social problems we can hardly imagine, much more expensive to
handle and solve than what we know. That is part of the present point.
Jo-burg obstinately prospers in the face of these, added to its natural
geographic disadvantages.
Cape Town, by contrast, is Sleeping Beauty. Nature has been generous
there. It is gifted with one of the world's great harbors and sites,
ideal climate and scenery. It has the national legislative Capitol. It
enjoys the business potential of New York, the climate of La Jolla, the
scenery of Vancouver, and the political base of Washington (or at least
Albany). Tourists flock there, and would do so even if the place were
misgoverned by Mayor Idi Amin with Police Chief Saddam Hussein. Meantime
Jo-burg, the ugly duckling, walks off with most of the nation's
business. What is Cape Town's problem? It taxes buildings, the way we
do.
Taiwan is another place that "did it," in part. Its present
government is what remains of the Kuomintang, founded by Dr. Sun Yat-sen
on the mainland around 1920. Sun's ideas were abandoned to corruption
until the Kuomintang's remnants, discredited and beaten, fled to Taiwan
in 1948. Then finally, backs to the wall, they purified themselves. They
put Sun's visage on their currency and buildings, and beatified him.
They created an efficient, honest government and applied the policies
Dr. Sun had prescribed long ago for all China. Sun's basic economic
program was simple. He was a convert to the ideas of Henry George, which
were stirring the world in Sun's formative years. Tax the land; exempt
the buildings, said Dr. Sun. That is what Taiwan finally did; the
Taiwanese economic miracle ensued. It is there to see and study. Them as
has eyes t'see, let'm see.
It's not that simple, of course, and certainly not that pure: nothing
ever is. That is the gist of it, however. As to adequacy of revenues,
they have combined their local land tax with a national tax on land
gains, levied at time of sale. These two taxes between them raise a full
20% of all Taiwanese revenues: local, regional, and national. Remember
we are talking about a government under siege, with a heavy military
budget. We are talking about land prices that keep rising in spite of
taxes levied on the land value base. Again, it is there to observe. It
is not in America, true: it is even better. It is an American export
that took root and flourishes in an alien culture because it answers
universal needs. Among the Chinese it also evoked memories of revered
statesmen and philosophers, like Wang An-shih, who had implemented land
taxation to abet China's ancient glories.
Singapore, Sydney, Brisbane, and Nairobi are other cities that collect
substantial land revenues. From 1900-20, roughly, many American and
Canadian cities uptaxed land and downtaxed buildings. It was a part of
the Progressive syndrome. There is a world of experience to instruct us,
if we will but study it. Pittsburgh and those other smart Pennsylvania
cities are near and now and noteworthy, but they are not the whole
story. If you want more, your world of observation is as big, and time
as long, as you want to make them.
The adequacy of a tax base must be judged over the cycle of boom and
bust, a cycle we are now learning is still much alive. How stable is the
base? Capital comes and goes; land is fixed. When they finally close
that plant and move the work to Mexico, at present we reward them by
lowering their taxable valuation -- reward them and punish ourselves, as
city revenues fall. On the other hand, if we taxed just their land, the
valuation would remain about the same. They will squeal, cajole, and
threaten, but no way can they move their land to Mexico. They will just
have to find a new use for it. Meantime, you will have made it more
likely there are profitable new uses by removing the tax threat against
whatever new capital they might invest in your town to employ your
people.
Land prices boom and bust too, jeopardizing revenue stability. That can
be a problem, but land taxation contains a built-in contra-cyclical
factor. When a land boom reaches its manic phase, as it did in
California before 1989, growth expectations rise so high that they
offset interest costs: people think they are holding land with no net
carrying cost. Your home is expected not just to shelter you, but pay
off its own mortgage, upkeep, and maintenance by appreciating. Call it
irrational, but it happens. In this phase, the fast-moving tax assessor
is an equilibrating force. The quicker he follows such a market, the
quicker he showers it with cold water, by imposing a sobering cash drain
on the participants. This is an excellent time for local governments, if
they have the wit, to pay their debts, fix their potholes, and fill the
fiscal reservoir against the next drought.
Those getting the cold shower, meantime, may resist it. In California,
the land of extremes, we got Howard Jarvis and Prop. 13. This
Constitutional Amendment capped the property tax rate at 1%, and
virtually froze assessed values until land sold. Then the boom really
went wild. I myself, after campaigning hard against Jarvis, unexpectedly
made $200,000 in a few months after it passed. Buyers were chasing me
around the block, just to buy a scrap of land I happened to have in the
right place at the right time. It was blind luck, but the money was as
good as though I had earned it honestly: better, in fact, because 60% of
the gain was not even reportable as taxable income. It was a
once-in-a-lifetime experience, but buyers and sellers came to regard it
as normal, and only fair. They saw regular annual increments as a divine
right of property. For a few mad years, they were.
It was the lack of a tax stabilizer that took the cap off land prices.
When my lot rose to $240,000, it was still assessed at $10,000, and
capped there by constitutional law! Taxes were 1% of $10,000 - that's
right, $100/year, 1/24 of 1% of the market value. Was I in a strong
bargaining position? You bet, and I loved it, just as you might. Now we
are paying the price, or beginning to, as our public services collapse
and our criminals outgun our police. This year they are cutting faculty
salaries (that's me) 5%, and raising college tuition (that's my three
children) 100%. I'll pay all right. All tax rates other than property
are headed north; land prices south. Our once-vibrant economy is dying;
our unemployment rate leads the nation. Our largest city was torched
last year by the frustrated unemployed. Our once-leading schools trail
the nation; our murder rate leads it. Those are the economic
consequences of Howard Jarvis. Like Tokyo and London and Faust, we
signed with Mephistopheles. He showed us a grand time, but now his bill
is due. To paraphrase Kipling, "Be warned of our lot, which I dread
you may not, and learn about Jarvis from me."
Another attractive feature of land taxation is its interesting positive
effect on the economic base of a city. It strengthens it by its tendency
to hit absentee owners harder than resident owners. The land fraction in
real estate is generally highest in the CBD of any city, so that is a
favorite place for absentees to buy and hold. They like the steady
income, and the "trophy" quality. The surplus in real estate
is what attracts outside buyers, and land is what yields the surplus.
About 2/3 of downtown Los Angeles is owned by non-resident aliens, for
example. In a more workaday city, Milwaukee, the absentee owners consist
of former residents, or their heirs, who grew too rich to abide the
harsh winters.
Consider the effect on your balance of payments. When you get more tax
money from absentees, money that used to flow to Tehran, Zurich, or Palm
Beach now flows into your local treasury to pay your local teachers and
city workers, and relieve your builders and building managers. In this
way taxing land actually acts to undergird the value of its own base.
To stimulate building is also to uphold and fortify the tax base, even
though you do not tax the new buildings directly. Some people fault the
"depressing" canyons of Manhattan, between the skyscrapers. In
my observation, it is not the canyons that depress Manhattan. When the
GM building went up, Fortune Magazine reported it doubled the rents of
stores across the deep canyon so formed. Its spillover effects were
highly positive. What really depresses Manhattan are rather the
centenarian firetraps and the activities they attract. They tend to
downvalue other lands nearby, eroding the tax base.
Consider the effect of floorspace rentals on ground rents and land
values. Doubling floorspace rentals will more than double land values,
through a kind of leverage effect. That is because all cash flows above
a constant amount required for the building will inure as ground rents.
The higgling and arbitrage of the market will see to that. Once that
constant is met, everything above it goes to landownership as such,
raising land prices which are the land tax base.
When you observe cities much, the positive neighborhood effects of
replacing old buildings with new are irresistible and contagious,
raising land prices all around. The converse is also true: the negative
neighborhood effects of letting old junkers stand without replacement
are depressive. Thus, when you take the tax off new buildings, and put
it on the land under old tumbledowns, you kick off a general process of
revitalization that turns gloom into hope into optimism: optimism that
boosts land prices and the land tax base.
There are three kinds of slums. Type I slums develop on land in the van
of downtown expansion, on land held for a future higher use. The
speculators are milking the old structures for any residual value. They
don't much mind when the tenants leave, and spare them the trouble of an
eviction when they want to sell or rebuild. That's what they're in it
for: the current use is incidental.
Type III slums (listed here out of numerical order) develop on land
that is no good, and may never be, like floodplains and earthquake
faults. They also develop around abbatoirs, dumps, stockyards, etc.,
although these are subject to change. In either case, people are driven
there by the inadequate development of good land.
Type II slums, our focus here, are the most extensive. They occur on
good or superior residential land originally developed over fifty or a
hundred years ago. It may once have housed the upper crust, but as the
buildings aged without replacement they "filtered down," and
down, and down, until their occupants began radiating negative
neighborhood effects. There comes a tipping point where the neighborhood
self-destructs cumulatively, because no one wants to build new in a
decayed, menacing neighborhood. The renewal value of land is lost, the
tax base is lost, nothing remains but social and public costs: a
municipal disaster area. The city that fails to renew itself on time is
steering itself to this fate, like Camden, the Bronx, East St. Louis,
Benton Harbor, MI, and Detroit.
That's the bad news. How do you turn it around? When you drop buildings
from the property tax base, you change the arithmetic of incentives, as
we have discussed. Parachuting into the middle of a slum is still
hopeless, as before. Change will come first to the fringes of the Type
II slum, where it merges into healthy neighborhoods. New development
likes to anchor onto healthy neighborhoods. Richard Hurd, father of
urban studies in America, taught us in 1902 that land values are marked
by continuity in space. It's still so. Fashions and technology change,
but principles last. Hope survives at the edge of the slum; land there
retains some renewal value. There is where you'll first see change,
because there is where the forces are evenly balanced. Tip the forces
for renewal, and there is where it begins.
Once it begins, it proceeds incrementally through the Type II slum.
When it's through, your oldest neighborhood has become your newest, the
cutting edge of progress, the showplace of the town. That is how it has
got to work; that is how it will work when you exempt buildings and tax
only land. When it is through, you have a high tax base where now you
have nothing but fire and police calls.
I once wrote a long chapter on this subject, "The Adequacy of Land
as a Tax Base" (Gaffney, 1970). It came out of two years of
research, and is too long even to summarize now. I am delivering it to
Pat Salkin, however, and hope she may add it to the record of this
conference. I also attach a short bibliography of articles that expand
on topics covered above, for whoever is moved to study more on this
fascinating subject. I hope you think it as important as I do. Please
pick up this ball and run with it. Nobody said it was going to be easy.
There are some bone-crushing line-backers out there, like Greed,
Ignorance, Myopia, and Inertia. So much the more credit to you when you
cross the line: your fans will love you for a touchdown. They really
need a lift; they've waited so long!
SELECTED BIBLIOGRAPHY OF RELEVANT WORKS BY THE
WRITER
1. With Pierpont I. Prentice, Land -- a
Special Issue. House and Home Magazine 18(2), entire issue, (August,
1960). (Jesse H. Neal Award for Business Journalism, 1960.)
Republished, along with several other relevant works, in Compact
Cities: a Neglected Way of Conserving Energy. Joint Hearings, Committee
on Banking, Finance and Urban Affairs; and Committee on Interstate and
Foreign Commerce. U.S. House of Representatives, 96th Congr. 1st Sess.
Washington: U.S.G.P.O., 1980, pp. 142-62.
2. "Property Taxation and the Frequency of Urban Renewal."
Proceedings, NTA, 57th Annual Conference, Pittsburgh, 1965, pp. 272-85.
3. "Land Planning and the Property Tax." JAIP 35(3):178-83
(May 1969).
4. "The Role of Ground Rent in Urban Decay and Revival." The
Henry George Lecture, St. Johns' University, September 1988.
Distinguished Papers No. 89F-1, November 1989, Business Research
Institute, St. John's University. Pp. 1-15.
5. "Adequacy of Land as a Tax Base." In Daniel Holland (ed.),
The Assessment of Land Value. Madison: Univ. of Wisconsin Press, 1970,
pp. 157-212.
6. "The Property Tax is a Progressive Tax." Proceedings, NTA,
64th Annual Conference, Kansas City, 1971, pp. 408-26.
Republished in The Congressional Record, March 16, 1972, pp. E 2675-79,
by Congressman Les Aspin.
7. "Tapping Land Rents after Prop. 13." Western Tax Review
(annual), 1988, pp. 1-55.
8. "Proposition 13: an Alternative Reform." The Center
Magazine, Sta. Barbara, Nov./Dec. 1978, pp. 19-28.
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