The Effects of Land-Use Regulations on Property Values

Land-use regulations can affect property values in a variety of complex ways. In the context of laws like Oregon’s Measure 37, requiring that landowners be compensated if regulations reduce property values, the economic effects of land use regulations on property values have been widely misinterpreted because two very different economic concepts are being confused and used interchangeably. The first concept is “the effect of a land use regulation on property values” which measures the change in value when a regulation is added to many parcels. The second concept is “the effect of an individual exemption, or variance, to an existing land use regulation,” which measures the change in value when a regulation is removed from only one parcel.
The effect of a land-use regulation on property values can be positive or negative, whereas removing a land-use regulation from one property can be expected to have a positive effect. Indeed, many land use regulations actually increase property values by creating positive “amenity effects” and “scarcity effects.” As a result of these differences, a positive estimate for removing a land-use regulation cannot be interpreted as proof that the other concept was negative. Despite this, a positive value for an individual exemption to a land-use regulation continues to be interpreted as proof that compensation is due under Oregon’s Measure 37. Indeed, this mistaken interpretation may be partly responsible for public sentiment that land-use regulations tend to reduce property values.

William K. Jaeger

Environmental Law Review

Winter 2006

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