Friday, September 4, 2015

The Junkyard next door

The Junkyard next door

 

This article was first ran in Nuvo newspaper out of Indianapolis, Indiana on April 15th, 2015.



The junk yard next door 

click to enlarge morton_marcus.jpg
My friend is selling her house, but she won’t get a reasonable price because of the junk yard maintained by her next-door neighbor. It’s a conflict reflecting a central tension of our times.
Mrs. Juncky, the lady next-door, has a corner house in a nice neighborhood. In front, on the side, and behind her home are expired lawn mowers, a disused boiler, a variety of abandoned planters and plastic containers, an assortment of rusted hoes, rakes and shovels, stacks of rotting wood, decrepit lawn furniture, several orphaned interior doors, and an odd collection of windows and window screens. Missing are the abandoned pickup and broken-down RV needed to complete her collection of junk.
Representatives of the neighborhood association were unsuccessful in appealing to her sense of pride or responsibility to the neighbors because there were no covenants. A city worker could not persuade her to conform to the reasonable expectations of the local code, but no action was taken because she broke no law.
When asked by my friend about this situation, Mrs. Juncky said, “It’s my property; I’ll do what I want to with it.”
The real estate example is obvious. We have zoning laws, construction codes, rules about weights and measures and a host of regulations that constrain individual liberties which may harm the interests of others. In some places, the freedom to paint your house whatever color you wish is limited by a home-owners’ agreement or covenant. Some developments insist that all structures have Spanish-style tiles roofs.
Tourists often find such constraints charming and quaint … as long as they don’t have to live with them. Historic preservation may be invoked to support conformity and suppress individual preferences. But the issue goes way beyond the maintenance of residential or commercial property.
This is the standoff between the property owner who rents land to the billboard companies for signs others see as polluting our highways and endangering our lives.
This is the ongoing battle between tax-cutters who believe “life is tough and people need to be responsible for themselves,” and their opponents who cannot justify slashing people from the roles of the disabled, indigent and unemployed.
This is America’s unresolved question of individual rights of gun ownership and the community’s reasonable expectations of safety in our homes and on our streets.
This is the issue between the parent who refuses to vaccinate a child and the well-being of thousands of other people’s children.
This is the conflict between the rights of the individual and the negative impact they have on the lives of others.
Mrs. Juncky may be within her rights; her junk does not emit bad odors or attract vermin. Her yard is just unsightly. Since we insist on believing “beauty is in the eye of the beholder,” the visual wounds Mrs. Juncky inflicts are easily dismissed.
While Mrs. Juncky asserts her rights, she remains indifferent to the monetary harm to another. Surely the two could negotiate a solution, but not as long as Mrs. Juncky insists on “holding her ground.”
Mr. Marcus is an economist, writer, and speaker who may be reached at mortonjmarcus@yahoo.com.

Comments (2)

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I would have to agree that "Ms. Junky's" rights to do with her personal property are so very much more important than anyone's perceived right to "monetary" gain or loss. Perhaps the homeowner is an artist who recreates things with what you, the writer, perceives as "junk." Perhaps she is someone who sees beauty where you see none. It really doesn't matter, what is amazing is that the very people who wish to limit laws on the books are almost always the ones who want to make more laws restricting the rights of the individual to do as they please. There is nothing in America more sacred than a person's right to own their own piece of land. What that person does with it should be completely up to them as long as they aren't physically harming someone else. Leave the woman alone, mind your own business and put up a privacy fence. I rather would have "Ms. Junky" for a neighbor than anyone who puts money ahead of my privacy and my rights.
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Posted by Cindy Stanley on 04/20/2015 at 1:31 PM
The above commenter obviously has clean neighbors on either side and has never had to deal with this. It's the typical "live and let live" syndrome. I too agree that each person should have the right to do what they want. But I also believe that sometimes there are consequences to those actions. I think the seller should be able to sell their house and sue this woman for the difference that her mess caused them to lose. Sell some of that precious "art" for a good cause and then be done with it.
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Posted by Kevin Allton on 04/20/2015 at 1:51 PM
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