A parliamentary question regarding the impact of zoning laws on private property rights, specifically concerning the Plunkett family and developers. The Minister defends zoning as a necessary constraint on property rights, sparking heated debate.

AnsweredQoN 719Legislative Assembly
Asked
16 November 2005
Portfolio
Planning and Infrastructure

QuestionView source ↗

Why is the minister determined to deny the Plunkett family and all other developers in this state their private property rights? Ms A.J.G. MacTIERNAN

AnswerView source ↗

Every piece of land in this state is constrained in some way by the zoning that applies to it. That principle has been accepted in western countries for well over 100 years. Inherent within the acceptance of the principle of town planning is a constraint on private property rights. If a person owns residential land, he cannot build a factory or shop on it. Several members interjected. The SPEAKER : I call the member for Alfred Cove to order. Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
Ms A.J.G. MacTIERNAN replied: Every piece of land in this state is constrained in some way by the zoning that applies to it. That principle has been accepted in western countries for well over 100 years. Inherent within the acceptance of the principle of town planning is a constraint on private property rights. If a person owns residential land, he cannot build a factory or shop on it. Several members interjected. The SPEAKER : I call the member for Alfred Cove to order. Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
Every piece of land in this state is constrained in some way by the zoning that applies to it. That principle has been accepted in western countries for well over 100 years. Inherent within the acceptance of the principle of town planning is a constraint on private property rights. If a person owns residential land, he cannot build a factory or shop on it. Several members interjected. The SPEAKER : I call the member for Alfred Cove to order. Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
Several members interjected. The SPEAKER : I call the member for Alfred Cove to order. Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
The SPEAKER : I call the member for Alfred Cove to order. Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
Ms A.J.G. MacTIERNAN : The principle that the Leader of the Opposition is obviously having difficulty in grasping is that inherent in the whole notion of town planning and the zoning of land is a fetter on private property rights. If this fetter did not apply to private property rights, zoning would have no impact whatsoever. Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
Several members interjected. The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.
The SPEAKER : I call to order the Leader of the Opposition and the Deputy Leader of the Opposition.

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