This pioneering study explores the problems of politics and law
that lie behind the growing phenomenon of NIMBY (Not In My Back
Yard), a stance taken by residential property owners attempting to
keep various types of facilities out of their neighborhoods. Denis
J. Brion argues that the pejorative connotation that NIMBY carries
is both unfortunate and unwarranted and seeks to expose the
underlying problems for which NIMBY is a symptom. In particular,
Brion examines the impact of siting decisions on those who will be
the neighbors of a potential project and the political gridlock
that so often results when they become aware of the nature of this
impact. The discussion is illuminated by a review of the
journalistic accounts of particular episodes chosen to demonstrate
the pervasiveness and complexity of the NIMBY phenomenon.
Divided into three sections, the study begins by analyzing how a
system of public decisionmaking, founded on the ideal of
participatory democracy and built on the structure of
representative government, is peculiarly subject to capture by
small groups intent on pursuing their own narrow agendas. The
result, Brion shows, is often allocational choices which yield
benefits to few and harm to many. In Part II, he demonstrates the
failure of the public remedial process to provide traditional
common-law remedies to those harmed by Locally Unwanted Land Uses
(LULUs). Brion then looks at the consequences of this remedial
failure from both traditional and non-traditional points of view in
order to provide a basis for devising an approach to the problems
that underly the NIMBY syndrome. The concluding section proposes a
solution that involves both expanding the focus of political and
constitutional debate to include the notion of communality and
narrowing the traditional conception of right to property. As a
unique full-length treatment of the subject, this study makes a
significant contribution to the ongoing debate over the NIMBY
phenomenon and its consequences.
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