A Hidden Gift to Manufacturing

6 Pages Posted: 6 Apr 2010

See all articles by Roderick M. Hills, Jr.

Roderick M. Hills, Jr.

New York University School of Law

David Schleicher

Yale University - Law School

Date Written: April 6, 2010


Many urban areas use non-cumulative zoning - zoning exclusive to one use (typically manufacturing) that prohibits other uses even if those uses are considered less noxious. Proponents of this zoning claim that it is necessary to reduce the degree to which urban manufacturers are held responsible for nuisance. This article argues that this justification is flawed, and alternative means could achieve the same ends with fewer costs. Non-cumulative zoning is really a subsidy to manufacturers, reducing their land cost by eliminating potential competitors for land. This subsidy cannot be justified because non-cumulative zoning is unlikely to achieve either local or broader social efficiency.

Suggested Citation

Hills, Roderick Maltman and Schleicher, David, A Hidden Gift to Manufacturing (April 6, 2010). Regulation, Vol. 33, No. 1, pp. 30-35, 2010, Available at SSRN: https://ssrn.com/abstract=1585271

Roderick Maltman Hills (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

David Schleicher

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

HOME PAGE: http://www.law.yale.edu/faculty/DSchleicher.htm

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